CHAPTER 8814. STERLING COUNTY UNDERGROUND WATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8814. STERLING 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. 8814.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Sterling 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. 8814.002. 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 and Subchapters H

and I, Chapter 49, 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. 8814.003. LEGISLATIVE FINDINGS. The legislature finds

that:

(1) the organization of the district is feasible and

practicable;

(2) the land to be included in and the residents of the district

will benefit from the creation of the district;

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

(4) the creation of the district will further the public

welfare.

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. 8814.004. DISTRICT TERRITORY. The district is composed of

the territory in Sterling County unless the district's territory

has been modified under:

(1) Subchapter J or K, 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. 8814.005. DISTRICT NAME CHANGE. The board may change the

name of the district if additional territory is annexed to or

consolidated with 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. 8814.006. 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.

Text of section effective on April 01, 2011

Sec. 8814.007. PAYMENT OF ORGANIZATIONAL EXPENSES. (a) The

board may pay:

(1) all costs and expenses necessarily incurred in the creation

and organization of the district;

(2) legal fees; and

(3) other incidental expenses.

(b) The board may reimburse a person for money advanced for a

purpose described by Subsection (a).

(c) A payment may be made from maintenance taxes or other

district revenue.

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

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

SUBCHAPTER B. DISTRICT ADMINISTRATION

Text of section effective on April 01, 2011

Sec. 8814.051. COMPOSITION OF BOARD; TERMS. (a) The board is

composed of five directors.

(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. 8814.052. ELECTION OF DIRECTORS. One director is elected

from the district at large. One director is elected from each

county commissioners precinct.

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. 8814.053. 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. 8814.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO

SERVE. (a) 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.

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

who is a director from a county commissioners precinct must be a

resident of that precinct unless the composition of the board is

changed by annexation or consolidation.

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. 8814.055. BOARD VACANCY. If a vacancy occurs in the office

of director, the remaining directors shall appoint a director for

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. 8814.056. COMPOSITION OF BOARD FOLLOWING ANNEXATION OR

CONSOLIDATION. If the district annexes territory or consolidates

with another district, the board shall determine the composition

of the board in a manner that is equitable for the residents of

the district as 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. 8814.057. COMPENSATION; EXPENSES. (a) A director or

officer serves without compensation but may be reimbursed for

actual expenses incurred in the performance of official duties.

(b) The expenses described by Subsection (a) must be:

(1) reported in the district's records; and

(2) approved by 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. 8814.058. 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.

Text of section effective on April 01, 2011

Sec. 8814.059. OFFICERS. (a) After each directors' election,

the board shall:

(1) hold a regular meeting at the district office; and

(2) organize by electing from the directors a president, a vice

president, and a secretary.

(b) A person selected to serve as president, vice president, or

secretary serves in that capacity for a two-year term.

(c) The president, vice president, and secretary shall perform

the duties and may exercise the powers specifically provided by

this chapter or by order of 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. 8814.060. GENERAL MANAGER; SERVICE OF PROCESS. (a) The

general manager shall execute a bond in the amount determined by

the board, payable to the district, and conditioned on the

faithful performance of the general manager's duties. The

district shall pay for the bond.

(b) The general manager is entitled to receive the compensation

provided by the district's budget.

(c) Service of process in a suit may be had by serving the

general manager.

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. 8814.061. TREASURER AND ATTORNEY. (a) The board may

appoint a treasurer and an attorney for the district.

(b) The person appointed as treasurer shall execute a bond in

the amount determined by the board, payable to the district,

conditioned on the faithful performance of the treasurer's

duties. The district shall pay for the bond.

(c) A person appointed under this section is entitled to the

compensation provided by the district's budget.

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. 8814.062. ENGINEER. The board may:

(1) appoint or contract with a competent professional engineer

for the district; and

(2) determine the amount of compensation to be paid to the

engineer.

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. 8814.063. PERSONNEL. (a) The general manager or the board

may:

(1) employ other persons necessary to properly handle the

district's business and operation; and

(2) employ or contract with expert and specialized personnel who

are necessary to carry out this chapter.

(b) The board shall determine the terms of employment and the

compensation to be paid to employees described by this section.

(c) The district shall pay for any bond that an employee of or

person under contract with the district is required to furnish

under Section 36.057(d), Water Code.

(d) The general manager or the board may dismiss an employee 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. 8814.064. DISTRICT OFFICE. The board shall maintain an

office in the district for conducting district business.

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. 8814.065. MEETINGS. The board shall hold regular meetings

at the district office on a date established by 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. 8814.066. RECORDS. The board shall keep a complete written

account of board meetings and other proceedings and shall

preserve the board's minutes, contracts, records, plans, notices,

accounts, receipts, and records in a secure manner at the

district's office.

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. 8814.101. 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 may

exercise the powers granted by, and shall exercise the duties

provided by, Chapter 36, Water Code, to carry out the purpose of

the district and 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. 8814.102. RULES. (a) The board may adopt rules necessary

to carry out the purpose and powers under this chapter.

(b) In addition to the rules adopted under Subsection (a), the

board may adopt and enforce rules as provided by Chapter 36 and

Subchapters H and I, Chapter 49, 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. 8814.103. EMINENT DOMAIN. (a) The district may exercise

the power of eminent domain to acquire by condemnation a fee

simple or other interest in property in the district if the

property interest is necessary to the exercise of the authority

conferred by this chapter.

(b) The district must exercise the power of eminent domain in

the manner provided by Chapter 21, Property Code, but the

district is not required to deposit in the trial court money or a

bond as provided by Section 21.021(a), Property 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. 8814.104. CERTAIN PERMIT DENIALS PROHIBITED. If the

district regulates production of groundwater by permit as

authorized by Chapter 36, Water Code, the board may not deny a

permit to drill a well to the owner of land, or the owner's

heirs, assigns, and lessees on that land, and the right to

produce water from that well under rules adopted by 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. 8814.105. CONTROL, STORAGE, AND PRESERVATION OF STORM AND

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

storm and flood water in the district and the water of the 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, municipal, and industrial uses.

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. 8814.106. 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. 8814.107. 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. 8814.108. ACQUISITION OF PROPERTY. The district may

acquire land or other property necessary to carry out this

chapter by:

(1) gift;

(2) devise;

(3) lease;

(4) purchase; or

(5) 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. 8814.109. SALE AND DISPOSAL OF PROPERTY. Subject to this

chapter and Chapter 36 and Subchapters H and I, Chapter 49, Water

Code, the district may sell or otherwise dispose of land and

other property of the district that is not necessary to carry out

the purpose or powers of the district as determined by 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. 8814.110. IMPROVEMENTS AND FACILITIES. (a) The district

may construct or acquire and improve and maintain works,

facilities, and improvements necessary to carry out the purpose,

powers, and plans of the district.

(b) The district must construct and acquire works, facilities,

and improvements in the manner provided by Chapter 49, 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. 8814.111. INPUT WELLS. The district may drill, equip,

operate, and maintain input wells, pumps, and other facilities to

carry out its purpose and powers under 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. 8814.112. 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 a 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.

Text of section effective on April 01, 2011

Sec. 8814.113. STUDIES AND SURVEYS. (a) The board may have a

professional engineer conduct studies and surveys of the

groundwater and surface water supplies in the district and the

facilities available for use in the conservation, preservation,

protection, recharge, and prevention of waste and pollution of

those water resources.

(b) A professional engineer may determine the quantities of

groundwater and surface water in 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. 8814.114. RESEARCH; INFORMATION. The district may engage

in research projects and shall develop information to be used by

the district in preparing and implementing the district's plans

and in carrying out the district's powers and duties under 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. 8814.115. DISTRICT PLANS. (a) The district shall develop

and implement comprehensive plans for the conservation,

preservation, protection, recharge, and prevention of waste and

pollution of groundwater and surface water in the district.

(b) The plans must include all works, facilities, and

improvements necessary to implement the plans and the

specifications for those works, facilities, and improvements.

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. 8814.116. PAYMENT OF JUDGMENTS. A court of this state that

renders a money judgment against the district may require the

board to pay the judgment from money in the district depository

that is not dedicated to the payment of any indebtedness of the

district.

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

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