Law:Title 6. Water And Wastewater. Subtitle H. Districts Governing Groundwater from Chapter 8821. Southern Trinity (Texas)

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Subtitle H. Districts Governing Groundwater

Contents

Chapter 8821. Southern Trinity

GROUNDWATER CONSERVATION DISTRICT


Subchapter A. General Provisions

Section 8821.001.  Definitions.

In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Southern Trinity Groundwater Conservation District.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1248, Sec. 2, eff. June 19, 2009.



Section 8821.002.  Nature Of District.

The district is a groundwater conservation district in McLennan County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  The district is located in a priority groundwater management area designated by the Texas Commission on Environmental Quality pursuant to Section 35.008, Water Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1248, Sec. 3, eff. June 19, 2009.



Section 8821.004.  Initial District Territory.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.005.  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 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.006.  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 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Sec. 8821.025.


Section 8821.021.  Appointment Of Temporary Directors.

(a) Not later than the 45th day after the effective date of this chapter, five temporary directors shall be appointed as follows:

(1)  the McLennan County Commissioners Court shall appoint one temporary director from each of the four commissioners precincts in the county to represent the precincts in which the temporary directors reside; and

(2)  the county judge of McLennan County shall appoint one temporary director who resides in the district to represent the district at large.

(b)  If there is a vacancy on the temporary board, the authority who appointed the temporary director whose position is vacant shall appoint a person to fill the vacancy.

(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1248, Sec. 7(1), eff. June 19, 2009.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1248, Sec. 7(1), eff. June 19, 2009.



Section 8821.022.  Organizational Meeting Of Temporary Directors.

As soon as practicable after all the temporary directors have qualified under Section 36.055, Water Code, a majority of the temporary directors shall convene the organizational meeting of the district at a location within the district agreeable to a majority of the directors.  If an agreement on location cannot be reached, the organizational meeting shall be at the McLennan County Courthouse.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.024.  Initial Directors.

(a) The temporary directors are the initial directors and serve for the terms provided by Subsection (b).

(b)  The initial directors representing commissioners precincts 2 and 4 serve a term expiring on December 31, 2011, and the initial directors representing commissioners precincts 1 and 3 and the at-large director serve a term expiring on December 31, 2013.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1248, Sec. 4, eff. June 19, 2009.



Section 8821.025. 

 EXPIRATION OF

Subchapter

. This subchapter expires December 31, 2013.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1248, Sec. 5, eff. June 19, 2009.



Subchapter B. Board Of Directors

Section 8821.051.  Governing Body; 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 December 31 of each even-numbered year.

(c)  A director may not serve more than three consecutive terms.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.052.  Appointment Of Directors.

(a) The McLennan County Commissioners Court shall appoint one director from each of the four commissioners precincts and one director to represent the district at large.

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

(c)  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 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 appointed even though the change in boundaries places the person's residence outside the precinct for which the person was appointed.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Subchapter C. Powers And Duties

Section 8821.101.  Groundwater Conservation District Powers And Duties.

Except as provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, and Section 59, Article XVI, Texas Constitution, applicable to groundwater conservation districts.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.102.  Registration And Reporting Requirements For Certain Exempt Wells.

The district may adopt rules that require the owner or operator of a well or class of wells exempt from permitting under Section 36.117, Water Code, to register the well with the district and, if the well is not exempt under Section 36.117(b)(1), Water Code, to report groundwater withdrawals from the well using reasonable and appropriate reporting methods and frequency.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.103.  Well Spacing Rules; Exemptions.

(a) Except as provided by Subsection (b), the district shall exempt from the well spacing requirements adopted by the district any well that is completed on or before the effective date of those requirements.

(b)  The district may provide by rule that a well may lose its exemption under this section if the well is modified in a manner that substantially increases the capacity of the well after the effective date of the well spacing requirements adopted by the district.

(c)  Except as provided by this section, the district may require any well or class of wells exempt from permitting under Chapter 36, Water Code, to comply with the well spacing requirements adopted by the district.  The district shall apply well spacing requirements uniformly to any well or class of wells based on the size or capacity of the well and without regard to the type of use of the groundwater produced by the well.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.104.  Adoption Of Rules And Issuance Of Permits.

Before the district adopts a management plan, the district may adopt rules and issue permits.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.105.  Contracts With Other Governmental Entities.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.106.  No Eminent Domain Power.

The district may not exercise the power of eminent domain.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.107.  District Territory Requirements; Dissolution Of District.

(a) On September 1, 2011, the district boundaries must include at least one county adjacent to McLennan County.

(b)  As soon as practicable after September 1, 2011, the Texas Commission on Environmental Quality shall determine whether the district complies with Subsection (a).

(c)  If the Texas Commission on Environmental Quality determines that the district does not comply with Subsection (a), the commission shall dissolve the district in accordance with Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310, Water Code, regardless of whether the district meets the criteria for dissolution under Section 36.304(a), Water Code.

(d)  This section expires September 1, 2013.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Subchapter D. General Financial Provisions

Section 8821.151.  Revenue.

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

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.



Section 8821.152.  District Revenues.

(a) The district by rule, resolution, or order may establish, amend, pledge, encumber, expend the proceeds from, and assess to any person fees for services or production fees based on the amount of groundwater authorized by permit to be withdrawn from a well, or on the amount of water actually withdrawn, to enable the district to fulfill its purposes and regulatory functions as provided by this chapter.  The district may use revenues generated by fees it assesses for any lawful purpose.

(b)  Notwithstanding any provision of general law to the contrary, a fee authorized by Subsection (a) may not exceed:

(1)  $1 per acre-foot annually for groundwater used for agricultural purposes; or

(2)  30 cents per thousand gallons annually for groundwater used for nonagricultural purposes.

(c)  Notwithstanding any provision of general law or this chapter to the contrary, if any, the district may assess a production fee under this section for groundwater produced from a well or class of wells exempt from permitting under Section 36.117, Water Code, except for a well exempt from permitting under Section 36.117(b)(1), Water Code.  A production fee assessed by the district under this subsection must be based on the amount of groundwater actually withdrawn from the well and may not exceed the amount established by the district for permitted uses under Subsection (b)(2) of this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1248, Sec. 6, eff. June 19, 2009.



Subchapter E. Dissolution

Section 8821.201.  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 held for that purpose.

(b)  The board shall hold 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 McLennan 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 McLennan County.

Added by Acts 2007, 80th Leg., R.S., Ch. 1345, Sec. 1, eff. June 15, 2007.


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