CHAPTER 8809. ANDERSON COUNTY UNDERGROUND WATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8809. ANDERSON COUNTY UNDERGROUND WATER CONSERVATION

DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8809.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Anderson County Underground 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. 8809.002. NATURE OF DISTRICT. The district is created

under Section 59, Article XVI, Texas Constitution.

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. 8809.003. 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. 8809.004. DISTRICT TERRITORY. The district is composed of

the territory described by Section 4, Chapter 992, 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.

SUBCHAPTER B. BOARD OF DIRECTORS

Text of section effective on April 01, 2011

Sec. 8809.051. COMPOSITION OF BOARD; TERMS. (a) The board is

composed of nine directors.

(b) Directors serve staggered four-year terms.

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. 8809.052. ELECTION DATE. Every two years, an election

shall be held on the uniform election date in May to elect the

appropriate number of directors.

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. 8809.053. QUALIFICATIONS FOR ELECTION. To be qualified for

election as a director, a person must be:

(1) a resident of the district; and

(2) at least 18 years of age.

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. 8809.054. BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a) The

district shall act by resolutions adopted by the board.

(b) All directors are entitled to vote.

(c) The affirmative vote of a majority of the board is necessary

to adopt a resolution.

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. 8809.055. NOTICE OF MEETINGS. The board must publish

notice in a newspaper of general circulation in the district not

later than the fifth day before the date the board is scheduled

to meet.

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. 8809.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. Except to the extent of any conflict with this chapter

or as specifically limited by this chapter, the district is

governed by and subject to Chapter 36, Water Code, and has the

powers and duties provided by 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. 8809.102. LIMITATIONS ON DISTRICT POWERS. The district

does not have the power to issue bonds and impose taxes under

Subchapters F and G, 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. 8809.103. REGULATION OF GROUNDWATER PUMPING AND USE. The

district may:

(1) prohibit the pumping or use of groundwater if the district

determines that the pumping would present an unreasonable risk of

pollution; or

(2) limit the pumping of groundwater to uses determined by the

board to benefit 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. 8809.104. PURCHASE OF WATER BY INJECTION WELL PERMIT

HOLDER. The district may require persons holding a permit for an

injection well to purchase water from 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. 8809.105. DISPOSAL OF SALT DOME LEACHATE. The district

may:

(1) adopt rules for the disposal of salt dome leachate in the

district; or

(2) require the disposal of salt dome leachate outside 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. 8809.106. WATER WELL FEES. (a) The district shall impose

a fee on each water well at the time a permit is first issued and

may impose an annual fee on each well.

(b) The amount of a well fee must be set according to:

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

(2) the production capacity of the well; or

(3) the amount of water produced.

(c) The board shall adopt rules relating to the rates for the

fees.

(d) The board may:

(1) adopt rules classifying the types of uses made of

groundwater in the district; and

(2) use the classifications to determine, in part, the amount of

fees to be imposed under this section.

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

operate 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. 8809.107. DISSOLUTION OF DISTRICT. The district may be

dissolved as provided by Subchapter P, Chapter 51, Water Code.

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

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