CHAPTER 8802. BARTON SPRINGS-EDWARDS AQUIFER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8802. BARTON SPRINGS-EDWARDS AQUIFER

CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8802.001. DEFINITIONS. In this chapter:

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

(2) "District" means the Barton Springs-Edwards Aquifer

Conservation District.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.002. LEGISLATIVE FINDINGS. The legislature finds that

the creation of the district:

(1) is feasible and practicable;

(2) will be a benefit to land in the district; and

(3) will be a public benefit and utility.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.003. DISTRICT TERRITORY. The district is composed of

the territory described by the Texas Water Commission's August

15, 1986, order, as that territory may have been modified under:

(1) Subchapter J, Chapter 36, Water Code; or

(2) other law.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.004. EFFECT ON CERTAIN LITIGATION. This chapter does

not adversely affect the rights of any parties involved in

litigation on or before February 1, 1987, with the Texas Water

Commission or the petitioners for the creation of the district.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8802.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors who serve staggered four-year terms.

(b) At least two directors must be elected by voters residing in

the city of Austin.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.052. ELECTION DATE. An election shall be held to

elect the appropriate number of directors on the spring uniform

election date each even-numbered year.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.053. SINGLE-MEMBER DISTRICTS. (a) The district is

divided into five numbered, single-member districts for electing

directors.

(b) The board may revise the single-member districts as

necessary or appropriate.

(c) As soon as practicable after the publication of each federal

decennial census, the board shall revise the single-member

districts as the board considers appropriate to reflect

population changes. When the board revises the single-member

districts under this subsection, the board shall place two of the

districts:

(1) entirely within the boundaries of the city of Austin, as

those boundaries exist at that time; or

(2) within the boundaries of the city of Austin, as those

boundaries exist at that time, but also including unincorporated

areas or other municipalities that are surrounded wholly or

partly by the boundaries of the city of Austin if the areas or

municipalities are noncontiguous to the territory of any other

single-member district.

(d) Changes in the boundaries of the city of Austin between

revisions of the single-member districts under Subsection (c) do

not affect the boundaries of the single-member districts.

(e) When the boundaries of the single-member districts are

changed, a director in office on the effective date of the

change, or elected or appointed before the effective date of the

change to a term of office beginning on or after the effective

date of the change, is entitled to serve the term or the

remainder of the term in the single-member district to which

elected or appointed even though the change in boundaries places

the person's residence outside the single-member district for

which the person was elected or appointed.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8802.101. GENERAL POWERS AND DUTIES. Except as otherwise

provided by this chapter, the district has the powers and duties

provided by Chapter 36, Water Code, for groundwater conservation

districts.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.102. RULES REGULATING ZONING AND SUBDIVISION OF LAND

PROHIBITED. The district may not adopt rules regulating zoning

or the subdivision of land.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.103. IMPOSITION OF TAXES. (a) The district may

impose an ad valorem tax as provided by Subchapter G, Chapter 36,

Water Code, only if:

(1) the user fee authorized by this subchapter is held

unconstitutional by the Texas Supreme Court; and

(2) a majority of the voters approve the tax at an election held

in the district.

(b) The district may impose the ad valorem tax at a rate not to

exceed three cents on each $100 of appraised value.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.104. USER FEES. (a) The board by rule may impose

reasonable fees on each well for which the district issues a

permit and which is not exempt from regulation by the district.

(b) The board may assess the fees on an annual basis according

to:

(1) the size of column pipe used in the well;

(2) the production capacity of the well; or

(3) the actual, authorized, or anticipated pumpage of the well.

(c) The board may use fees as both a regulatory mechanism and a

revenue-producing mechanism.

(d) The board shall adopt rules relating to:

(1) the rates of fees;

(2) the manner and form for filing reports of fees; and

(3) the manner of collecting fees.

(e) The district may use money collected from fees to:

(1) manage and operate the district; and

(2) pay all or part of the principal of and interest on district

bonds or notes.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.1045. AMOUNT OF ANNUAL PRODUCTION FEE. (a) Except as

provided by this section, the board may not charge an annual

production fee of more than $1 per acre-foot for water permitted

for agricultural use or 17 cents per thousand gallons for water

permitted for any other purpose.

(b) For a permit first issued after September 1, 2007, or a

permit first issued after September 9, 2004, and renewed after

September 1, 2007, the board may charge, for the amount of water

permitted under the permit as issued or renewed if the water is

permitted for any purpose other than agricultural use, an annual

production fee of not more than the greater of:

(1) 38 cents per thousand gallons; or

(2) the raw surface water cost of other wholesale suppliers

serving customers in the district.

(c) For a permit that is materially amended after September 1,

2007, the board may charge, for only the additional amount of

water authorized by the material amendment if the water is

permitted for any purpose other than agricultural use, an annual

production fee of not more than the greater of:

(1) 38 cents per thousand gallons; or

(2) the raw surface water cost of other wholesale suppliers

serving customers in the district.

(d) For a permit first issued on or before September 9, 2004,

that is renewed without material amendment after September 1,

2007, the board may not charge an annual production fee of more

than 17 cents per thousand gallons for the amount of water

permitted under the permit as renewed if the water is permitted

for any purpose other than agricultural use.

(e) The board may adopt a differential rate structure for the

nonagricultural production fees described by this section to

promote alternatives to the exclusive use of groundwater

resources.

(f) A material amendment under this section is an amendment to a

permit that increases the amount of water permitted by more than

10 percent in one fiscal year or by more than 25 percent in any

three-year period. The renewal on or after September 1, 2007, of

a permit that was issued on or before September 9, 2004, is

considered to be a material amendment for purposes of this

section if the permit as renewed increases the amount of water

permitted by an amount that exceeds the limits specified by this

subsection.

Added by Acts 2007, 80th Leg., R.S., Ch.

1405, Sec. 2, eff. September 1, 2007.

Sec. 8802.105. CERTAIN WATER USE FEES PERMITTED. (a) Each

year the board may assess against the City of Austin a water use

fee in an amount not to exceed 60 percent of the total funding

the district expects to receive for the next fiscal year from

water use fees assessed against Austin and other nonexempt users

in that year, subject to the computation under Subsection (b).

(b) For purposes of computing water use fees under this section,

the district shall estimate the amount of permitted pumpage for

the next fiscal year by considering various factors including

historical growth rates, future growth rates, the amount of

permitted pumpage, historical permitted pumpage, and any pending

applications for permitted pumpage. The district shall use the

estimated amount of permitted pumpage and its water use fee rate

to compute the water use fee to be assessed against the City of

Austin for the district's next fiscal year. The district shall

compute the water use fee assessed against the City of Austin at

a rate of 17 cents per thousand gallons for the total amount of

water permitted for any nonagricultural purpose, regardless of

the rate actually imposed on or remitted by the permittee.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1405, Sec. 3, eff. September 1, 2007.

Sec. 8802.106. PRODUCTION CAPACITY OF CERTAIN EXEMPT WELLS.

Notwithstanding the 25,000-gallon production capacity restriction

provided by Section 36.117(b)(1), Water Code, a well in the

district is exempt under Section 36.117, Water Code, only if the

production capacity of the well is 10,000 gallons per day or

less.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.107. ENFORCEMENT. (a) If it appears that a person

has violated, is violating, or is threatening to violate Chapter

36, Water Code, or a district permit, rule, or order, the

district may file a civil suit in a district court of the county

in which the violation occurs to obtain:

(1) injunctive relief to restrain the person from continuing the

violation;

(2) a civil penalty of not less than $50 or more than $1,000 for

each violation and for each day of violation; or

(3) both injunctive relief and a civil penalty.

(b) On application for injunctive relief under Subsection (a)(1)

and a finding that a person is violating or threatening to

violate this chapter or a district permit, rule, or order, the

district court shall grant injunctive relief as the facts may

warrant.

(c) Any legal action initiated under this section to obtain

penalties must be authorized by a resolution of the board or by

the district's general manager, if authorized by the board.

(d) In a civil suit filed under this section, the district:

(1) is not required to post bond or other security; and

(2) may recover reasonable attorney's fees and expert witness's

fees.

(e) The remedies provided by this section are in addition to any

remedies provided by other law.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.108. BORROWING MONEY. (a) The district may borrow

money as provided by Sections 49.152-49.154, Water Code.

(b) The district may not borrow money for a period of more than

one year.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.109. RESTRICTIONS ON PRODUCTION DURING DROUGHT. (a)

During a period declared by the district to be a drought and only

as specified in the district's approved management plan, the

district may restrict or prohibit groundwater production as

provided by this section.

(b) The district may restrict groundwater production on an

equivalent, pro-rata basis for permits first issued on or before

September 9, 2004, including permits renewed after September 1,

2007.

(c) The district, to protect the conditions of the aquifer, may

restrict or prohibit groundwater production:

(1) for permits first issued after September 9, 2004; and

(2) for permits first issued on or before September 9, 2004, and

amended after September 9, 2004, for any additional amount of

water authorized by the amendment.

Added by Acts 2007, 80th Leg., R.S., Ch.

1405, Sec. 4, eff. September 1, 2007.

Sec. 8802.110. RESTRICTIONS ON PRODUCTION DURING EXTREME

DROUGHT. (a) During a period declared by the district to be an

extreme drought, to maintain groundwater production necessary to

sustain human consumption and protect the public's health,

safety, and welfare, the district, as provided by this section,

may impose greater restrictions on groundwater production for

industrial, commercial, or nonagricultural irrigation permits

than the district imposes on permits for other uses.

(b) For an industrial, commercial, or nonagricultural irrigation

permit first issued on or before September 9, 2004, the district

may restrict withdrawals by an amount not to exceed 40 percent of

the amount permitted on or before September 9, 2004, retaining at

least 60 percent of the total authorized pumpage, if:

(1) an alternative water supply for at least 10 percent of the

amount permitted is available and in place during the extreme

drought; and

(2) any restriction imposed by the district under Sections

8802.109(b) and (c) remains in effect.

(c) For industrial, commercial, and nonagricultural irrigation

permits first issued on or before September 9, 2004, and amended

after September 9, 2004, the district may impose greater

restrictions, including complete curtailment, for the additional

amount of water authorized by the amendment than the district

imposes on similarly situated permittees for other uses.

Added by Acts 2007, 80th Leg., R.S., Ch.

1405, Sec. 4, eff. September 1, 2007.

SUBCHAPTER D. INCLUSION AND EXCLUSION OF LAND IN DISTRICT

Sec. 8802.151. MUNICIPAL APPROVAL NOT REQUIRED. Approval of

inclusion of land in the district that is located in the

corporate limits or extraterritorial jurisdiction of a

municipality does not require the municipality's approval under

Subchapter B, Chapter 42, Local Government Code.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.152. EXCLUSION OF COUNTY AREA. (a) The residents of

any county area of the district, on petition of at least 15

percent of the registered voters in that county area, may request

that the board, in conjunction with the next regularly scheduled

directors' election, hold a referendum to determine whether to

exclude that county area from the district.

(b) The petition must be submitted to the board not later than

the 45th day before the date of the election.

(c) The board shall call and add a referendum under this section

to the ballot of the May directors' election in the county area.

(d) Exclusion of a county area from the district requires

approval by a majority of the voters voting on the proposition:

"The _________________ county area of the Barton Springs-Edwards

Aquifer Conservation District shall be excluded from the Barton

Springs-Edwards Aquifer Conservation District."

(e) The exclusion of any county area from the district is

effective on June 1 following approval of the referendum. On and

after that date:

(1) the boundaries of the district shall be redefined to exclude

the county area;

(2) the imposition and collection of district taxes or user fees

in the county area shall cease;

(3) the offices held by any directors elected from the county

area shall terminate; and

(4) any other matters provided by law or by agreement with any

person affecting the authority and operations of the district

shall be automatically redesignated and redefined to be

consistent with the exclusion of the county area.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

SUBCHAPTER E. CONVERSION AND DISSOLUTION OF DISTRICT

Sec. 8802.201. CONVERSION OF DISTRICT PROHIBITED. The district

may not be converted to any other type of conservation and

reclamation district.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.

Sec. 8802.202. DISSOLUTION OF DISTRICT; ELECTION. (a) The

board shall call a dissolution election if:

(1) the board receives a petition signed by a number of

registered voters in the district equal to at least 30 percent of

the voters in the district's most recent election; and

(2) the district has no outstanding bonds or other long-term

indebtedness.

(b) The board shall dissolve the district if at least two-thirds

of the voters voting in the election vote in favor of dissolving

the district.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.07, eff. April 1, 2007.