CHAPTER 8806. COKE COUNTY UNDERGROUND WATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8806. COKE COUNTY UNDERGROUND WATER

CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8806.001. 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 Coke County Underground Water

Conservation District.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.002. 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 of the groundwater reservoirs located under

district land, consistent with the objectives of Section 59,

Article XVI, Texas Constitution, and Chapters 36 and 51, Water

Code.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The

district is created to serve a public use and benefit.

(b) Land included in the boundaries of the district will

benefit.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.004. DISTRICT TERRITORY. The boundaries of the

district are coextensive with the boundaries of Coke County,

Texas.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.005. ADMINISTRATIVE PROCEDURES. The administrative

and procedural provisions of Chapters 36 and 51, Water Code,

apply to the district.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.006. CONFLICT OF LAW. If there is a conflict between

Chapters 36 and 51, Water Code, Chapter 36 controls.

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

920, Sec. 1.11, eff. April 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8806.051. COMPOSITION OF BOARD; TERMS. (a) The district

is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.052. METHOD OF ELECTING DIRECTORS. One director is

elected from each county commissioners precinct in Coke County

and one director is elected at large.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.053. ELECTION DATE. The district shall hold an

election in the district to elect directors on the uniform

election date in May of each odd-numbered year.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.054. QUALIFICATIONS FOR ELECTION. (a) To be

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

(1) a resident of the district; and

(2) at least 21 years of age.

(b) To be qualified for election as a director from a precinct,

a person must reside in that precinct.

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

920, Sec. 1.11, eff. April 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8806.101. GENERAL RIGHTS, POWERS, DUTIES, PRIVILEGES, AND

FUNCTIONS. The district has:

(1) the powers essential to accomplish the purposes of Section

59, Article XVI, Texas Constitution; and

(2) the rights, powers, duties, privileges, and functions

provided by this chapter, Chapters 36 and 51, Water Code, and

other laws of this state relating to groundwater conservation

districts.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.102. WELL PERMITS. (a) The board may:

(1) require a permit for drilling, equipping, or completing a

well in the groundwater reservoir; and

(2) issue a permit subject to terms and provisions relating to

drilling, equipping, or completing a well that are necessary to

prevent waste or conserve, preserve, and protect groundwater.

(b) The board may not deny an owner of land, or the owner's

heirs, assigns, and lessees, a permit to drill a well on that

land or the right to produce groundwater from that well subject

to rules adopted under this chapter.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.103. WELL SPACING AND PRODUCTION. The board may:

(1) provide for the spacing of wells producing from groundwater

reservoirs; and

(2) regulate the production from those wells to minimize as far

as practicable the drawdown of the water table or the reduction

of the artesian pressure.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.104. RECORDS, REPORTS, AND LOGS. (a) The board may

require that records be kept and reports be made of:

(1) the drilling, equipping, and completing of a well into a

groundwater reservoir; and

(2) the taking and use of groundwater from that reservoir.

(b) The board may require accurate driller's logs to be kept of

a well described by Subsection (a)(1).

(c) The board may require that a copy of a driller's log and of

any electric log that may be made of a well be filed with the

district.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.105. ACQUISITION OF LAND. The district may acquire

land to erect a dam or drain a lake, depression, or draw.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.106. RECHARGE OF RESERVOIR. The district may

construct dams, drain lakes, depressions, draws, or creeks, and

install pumps and other equipment necessary to recharge a

groundwater reservoir.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.107. SURVEYS. The district may have a licensed

engineer survey the groundwater of a groundwater reservoir and

the facilities for the development, production, and use of that

groundwater and determine the quantity of the groundwater

available for production and use and the improvements,

developments, and recharges needed for the groundwater reservoir.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.108. DISTRICT PLANS. (a) The district may develop

comprehensive plans for the most efficient use of the groundwater

of a groundwater reservoir and for the control and prevention of

waste of that groundwater.

(b) The plans must specify in the amount of detail that may be

practicable any act, procedure, performance, or avoidance

necessary to effect those plans.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.109. RESEARCH PROJECTS. The district may carry out

research projects, develop information, and determine

limitations, if any, that should be made on the withdrawal of

groundwater from a groundwater reservoir.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.110. COLLECTION AND PRESERVATION OF INFORMATION. The

district may collect and preserve information regarding the use

of groundwater and the practicability of recharge of a

groundwater reservoir.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.111. DISSEMINATION OF PLANS AND INFORMATION. The

board may:

(1) publish plans and information;

(2) notify the users of groundwater in the district of the plans

and information; and

(3) encourage the adoption and execution of the plans.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.112. CONTRACT FOR AND SALE AND DISTRIBUTION OF WATER.

The district may contract for, sell, and distribute water from a

water import authority or other agency.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.113. ANNEXATION. Territory may be added to the

district under Subchapter J, Chapter 49, Water Code. The board

shall determine to which precinct the annexed land is added for

the purpose of electing directors.

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

920, Sec. 1.11, eff. April 1, 2009.

Sec. 8806.114. DISSOLUTION. Chapter 36, Water Code, applies to

the dissolution of the district.

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

920, Sec. 1.11, eff. April 1, 2009.