CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8805.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Lipan-Kickapoo Water Conservation

District.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.002. NATURE OF DISTRICT. The district is created

under Section 59, Article XVI, Texas Constitution, to provide for

the conservation, preservation, protection, recharge, and

prevention of waste and pollution of the district's groundwater

and surface water, consistent with the objectives of Section 59,

Article XVI, Texas Constitution, and Chapter 36, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.003. LEGISLATIVE FINDINGS. The legislature finds

that:

(1) the creation of the district is feasible and practicable;

(2) the district will benefit the land in the district;

(3) there is a public necessity for the district; and

(4) the district will provide a public use and benefit.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.004. DISTRICT TERRITORY. The district is composed of

the territory described by Section 4, Chapter 439, Acts of the

70th Legislature, Regular Session, 1987, as that territory may

have been modified under:

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

(2) other law.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.005. OWNERSHIP OF GROUNDWATER AND SURFACE WATER RIGHTS

NOT AFFECTED BY CHAPTER. The ownership and rights of the owner

of land, the owner's lessees, and assigns in groundwater and any

surface water rights are recognized and this chapter does not

deprive or divest the owner, the owner's lessees, or assigns of

those ownership rights.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER B. BOARD OF DIRECTORS

Text of section effective on April 01, 2011

Sec. 8805.051. COMPOSITION OF BOARD; TERMS. (a) The board

consists of:

(1) an equal number of directors from each county in the

district, elected by a majority vote of the voters residing in

any part of the county that is included in the district; and

(2) one director elected from the district at large.

(b) Directors serve staggered four-year terms.

(c) A director takes office at the first regular meeting of the

board following the director's election to the board.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.052. ELECTION OF DIRECTORS. (a) Every second year,

the board shall hold an election on the uniform election date in

May provided by Section 41.001, Election Code, to elect the

appropriate number of directors.

(b) Three directors are elected at one election and four at the

next election in continuing sequence unless the number of

directors changes under Section 8805.055.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.053. QUALIFICATIONS FOR ELECTION. (a) To be

qualified for election as a director, a person must be:

(1) a resident of the district or proposed district; and

(2) at least 18 years of age.

(b) In addition to the requirements of Subsection (a), a

director from a county area must be a resident of that county.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.054. BOARD VACANCY. (a) If a vacancy occurs in the

office of director, the remaining directors shall appoint a

replacement who meets the qualifications of Section 8805.053.

(b) The appointed replacement serves until the next directors'

election.

(c) If the position is not regularly scheduled to be filled at

the next election, the person elected to fill the position serves

for the remainder of the unexpired term.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.055. COMPOSITION OF BOARD AND ELECTION OF DIRECTORS

FOLLOWING ANNEXATION. (a) When the district annexes territory,

the board shall change the number of directors, if necessary, so

that:

(1) an equal number of directors is elected by district voters

of each county; and

(2) one director is elected from the district at large.

(b) If the board changes the number of directors under

Subsection (a), the board shall provide that, as nearly as

possible, half of the directors are elected at each subsequent

election in continuing sequence.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.056. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An

official action of the board is not valid without the affirmative

vote of a majority of the directors.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER C. POWERS AND DUTIES

Text of section effective on April 01, 2011

Sec. 8805.101. GENERAL POWERS AND DUTIES. (a) Except to the

extent of any conflict with this chapter or as specifically

limited by this chapter, the district:

(1) is governed by and subject to Chapter 36 and Subchapters H

and I, Chapter 49, Water Code; and

(2) may exercise the powers provided by the chapters described

by Subdivision (1), including the power to issue bonds, impose

taxes, and exercise eminent domain authority.

(b) The district shall exercise the duties provided by the

chapters specified by Subsection (a)(1).

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.102. SEAL. The board may adopt a seal for the

district.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.103. CONTROL, STORAGE, AND PRESERVATION OF STORM AND

FLOOD WATER. The district may control, store, and preserve storm

water and floodwater in the district and water of rivers and

streams in the district for:

(1) irrigation of arid land;

(2) prevention of floods and flood damage in the district; and

(3) domestic, agricultural, and industrial use.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.104. RECLAMATION. The district may:

(1) reclaim land in the district; and

(2) construct works, facilities, and improvements necessary to

accomplish that purpose.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.105. SOIL CONSERVATION AND IMPROVEMENT. The district

may construct and maintain terraces or other structures on land

in the district and may engage in or promote land treatment

measures for soil conservation and improvement.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.106. ACQUISITION OF PROPERTY. The district may

acquire land or other property necessary to carry out this

chapter by:

(1) gift;

(2) grant;

(3) devise;

(4) lease;

(5) purchase; or

(6) condemnation.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.107. SALE AND DISPOSAL OF PROPERTY. Subject to this

chapter and Chapter 36, Water Code, the district may sell or

otherwise dispose of land and other property of the district that

the board determines is not necessary to carry out the purposes

or powers of the district.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.108. BORROWING MONEY. The district may borrow money

for any purpose authorized by this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8805.109. APPEARANCE BEFORE RAILROAD COMMISSION. The

district, through the directors or the district's general

manager, may appear before the Railroad Commission of Texas and

present evidence and information relating to any pending permit

application for an injection well to be located in the district.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.05, eff. April 1, 2011.