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Abandoned Water Wells are A Danger To Animals And Humans – And Texas Could Have Thousands Of Them

AUSTIN – A recent incident in Bastrop County where three people died when they tried to rescue a dog that had fallen into an abandoned cistern highlights the dangers of abandoned or deteriorated water wells in Texas. Cisterns, which are not regulated in Texas, have solid bottoms and sealed sides so they can store water. Although cisterns are not wells, this tragedy shows how below- ground water storage tanks can be just as dangerous as abandoned or deteriorated wells.

EXPLANATORY STATEMENTS FOR THE NOVEMBER 7, 2023 CONSTITUTIONAL AMENDMENT ELECTION

proposes a constitutional amendment to protect a person’s right to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices on real property that the person owns or leases. The proposed amendment would not affect the authority of the legislature to authorize the regulation of these practices by: (1) a state agency or political subdivision as necessary to protect the public health and safety from imminent danger; (2) a state agency to prevent a danger to animal health or crop production; or (3) a state agency or political subdivision to preserve or conserve the natural resources of the state under the Texas Constitution. Additionally, the proposed amendment would not affect the legislature’s authority to authorize the use or acquisition of property for a public use, including the development of natural resources under the Texas Constitution.

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