Law:Title 6. Water And Wastewater. Subtitle H. Districts Governing Groundwater from Chapter 8810. Central Texas Groundwater (Texas)

From Law Delta

Revision as of 21:44, 28 September 2011 by Admin (Talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

Subtitle H. Districts Governing Groundwater

Contents

Chapter 8810. Central Texas Groundwater

CONSERVATION DISTRICT

For contingent expiration of this chapter, see Sec. 8810.003.


Subchapter A. General Provisions

Section 8810.001.  Definitions.

In this chapter:

(1)  "Board" means the board of directors of the district.

(2)  "Director" means a member of the board.

(3)  "District" means the Central Texas Groundwater Conservation District.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.002.  Nature Of District.

The district is a groundwater conservation district in Burnet County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.003.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held before September 1, 2007:

(1)  the district is dissolved on September 1, 2007, except that:

(A)  any debts incurred shall be paid;

(B)  any assets that remain after the payment of debts shall be transferred to Burnet County; and

(C)  the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and

(2)  this chapter expires on September 1, 2010.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.004.  Initial District Territory.

The initial boundaries of the district are coextensive with the boundaries of Burnet County, Texas.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.005.  Construction Of Chapter.

This chapter shall be liberally construed to achieve the legislative intent and purposes of Chapter 36, Water Code.  A power granted by Chapter 36, Water Code, or this chapter shall be broadly interpreted to achieve that intent and those purposes.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.006.  Applicability Of Other Groundwater Conservation District Law.

Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Subchapter B. Board Of Directors

Section 8810.051.  Directors; Terms.

(a) The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms, with two or three directors' terms expiring June 1 of each even-numbered year.

(c)  A director may serve consecutive terms.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.052.  Method Of Electing Directors:  Commissioners Precincts.

(a) The directors of the district shall be elected according to the commissioners precinct method as provided by this section.

(b)  One director shall be elected by the voters of the entire district, and one director shall be elected from each county commissioners precinct by the voters of that precinct.

(c)  Except as provided by Subsection (e), to be eligible to be a candidate for or to serve as director at large, a person must be a registered voter in the district.  To be a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.

(d)  A person shall indicate on the application for a place on the ballot:

(1)  the precinct that the person seeks to represent; or

(2)  that the person seeks to represent the district at large.

(e)  When the boundaries of the county commissioners precincts are redrawn after each federal decennial census to reflect population changes, a director in office on the effective date of the change, or a director elected or appointed before the effective date of the change whose term of office begins on or after the effective date of the change, shall serve in the precinct to which elected or appointed even though the change in boundaries places the person's residence outside the precinct for which the person was elected or appointed.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.053.  Election Date.

The district shall hold an election to elect the appropriate number of directors on the uniform election date prescribed by Section 41.001, Election Code, in May of each even-numbered year.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.054.  Division Of Municipality.

The provision in Section 36.059(b), Water Code, concerning the division of a municipal corporation among precincts does not apply to an election under this chapter.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Subchapter C. Powers And Duties

Section 8810.101.  Permit Consideration.

Before granting or denying a permit under Section 36.113, Water Code, the district shall consider if the proposed use of water unreasonably affects surrounding landowners.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.102.  Permits For Certain Activities; Applicable Rules.

(a) The district may require a permit for any activity that extracts groundwater or allows more than 25,000 gallons of groundwater a day to escape.

(b)  If a permit is required under Subsection (a), the permit holder is subject to rules adopted by the district to:

(1)  conserve, preserve, protect, and recharge the groundwater or a groundwater reservoir or its subdivisions to control subsidence, prevent degradation of groundwater quality, and prevent waste of groundwater; and

(2)  carry out any other power or duty under Chapter 36, Water Code.

(c)  To the extent of a conflict, this section controls over Section 36.117(b), Water Code.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.103.  Impact Of Transfer.

(a) If the district finds that a transfer of groundwater out of the district negatively impacts any of the factors described by Section 36.122(f), Water Code, the district may impose additional requirements or limitations on the permit that are designed to minimize those impacts.

(b)  Sections 36.122(c), (e), (i), and (j), Water Code, do not apply to a requirement or limitation imposed under this section.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.104.  Contracts With Other Governmental Entities.

The district and another governmental entity, including a river authority located in the district, may enter into a contract for the performance by that entity of a district function.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.105.  Revenue.

(a) To pay the maintenance and operating costs of the district and to pay any bonds or notes issued by the district, the district may:

(1)  impose ad valorem taxes at a rate not to exceed five cents on each $100 of assessed valuation of taxable property;

(2)  assess fees for services or for water withdrawn from nonexempt wells; or

(3)  solicit and accept grants from any private or public source.

(b)  The district may not impose ad valorem taxes to pay the maintenance and operating costs of the district at a rate that exceeds the maximum rate approved by a majority of the voters of the district voting at an election in the district held for that purpose.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Section 8810.106.  Prohibition On District Use Of Eminent Domain Powers.

The district may not exercise the power of eminent domain.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.



Subchapter D. Dissolution

Section 8810.151.  Election For Dissolution.

(a) If the district has no outstanding bond or other long-term indebtedness, the district may be dissolved by a favorable vote of a majority of the registered voters of the district at an election called for that purpose.

(b)  The board shall call a dissolution election if the board receives a petition for dissolution signed by at least 50 percent of the registered voters in the district as computed by using the list of registered voters for Burnet County.

(c)  If the district is dissolved under this section, the board shall:

(1)  notify the Texas Commission on Environmental Quality and the secretary of state of the dissolution; and

(2)  transfer title to any assets of the district to Burnet County.

Added by Acts 2005, 79th Leg., Ch. 855, Sec. 1, eff. June 17, 2005.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox