CHAPTER 8821. SOUTHERN TRINITY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8821. SOUTHERN TRINITY

GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8821.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Southern Trinity Groundwater

Conservation District.

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

1345, Sec. 1, eff. June 15, 2007.

Amended by:

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

1248, Sec. 2, eff. June 19, 2009.

Sec. 8821.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in McLennan County created

under and essential to accomplish the purposes of Section 59,

Article XVI, Texas Constitution. The district is located in a

priority groundwater management area designated by the Texas

Commission on Environmental Quality pursuant to Section 35.008,

Water Code.

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

1345, Sec. 1, eff. June 15, 2007.

Amended by:

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

1248, Sec. 3, eff. June 19, 2009.

Sec. 8821.004. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

McLennan County, Texas.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.005. CONSTRUCTION OF CHAPTER. This chapter shall be

liberally construed to achieve the legislative intent and

purposes of Chapter 36, Water Code. A power granted by Chapter

36, Water Code, or this chapter shall be broadly interpreted to

achieve that intent and those purposes.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.006. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION

DISTRICT LAW. Except as otherwise provided by this chapter,

Chapter 36, Water Code, applies to the district.

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

1345, Sec. 1, eff. June 15, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8821.025.

Sec. 8821.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not

later than the 45th day after the effective date of this chapter,

five temporary directors shall be appointed as follows:

(1) the McLennan County Commissioners Court shall appoint one

temporary director from each of the four commissioners precincts

in the county to represent the precincts in which the temporary

directors reside; and

(2) the county judge of McLennan County shall appoint one

temporary director who resides in the district to represent the

district at large.

(b) If there is a vacancy on the temporary board, the authority

who appointed the temporary director whose position is vacant

shall appoint a person to fill the vacancy.

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1248, Sec. 7(1),

eff. June 19, 2009.

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

1345, Sec. 1, eff. June 15, 2007.

Amended by:

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

1248, Sec. 7(1), eff. June 19, 2009.

Sec. 8821.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 36.055, Water Code, a majority of the

temporary directors shall convene the organizational meeting of

the district at a location within the district agreeable to a

majority of the directors. If an agreement on location cannot be

reached, the organizational meeting shall be at the McLennan

County Courthouse.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.024. INITIAL DIRECTORS. (a) The temporary directors

are the initial directors and serve for the terms provided by

Subsection (b).

(b) The initial directors representing commissioners precincts 2

and 4 serve a term expiring on December 31, 2011, and the initial

directors representing commissioners precincts 1 and 3 and the

at-large director serve a term expiring on December 31, 2013.

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

1345, Sec. 1, eff. June 15, 2007.

Amended by:

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

1248, Sec. 4, eff. June 19, 2009.

Sec. 8821.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires December 31, 2013.

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

1345, Sec. 1, eff. June 15, 2007.

Amended by:

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

1248, Sec. 5, eff. June 19, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8821.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five directors.

(b) Directors serve staggered four-year terms, with two or three

directors' terms expiring December 31 of each even-numbered year.

(c) A director may not serve more than three consecutive terms.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.052. APPOINTMENT OF DIRECTORS. (a) The McLennan

County Commissioners Court shall appoint one director from each

of the four commissioners precincts and one director to represent

the district at large.

(b) Except as provided by Subsection (c), to be eligible to

serve as director at large, a person must be a registered voter

in the district. To serve as director from a county

commissioners precinct, a person must be a registered voter of

that precinct.

(c) When the boundaries of the county commissioners precincts

are redrawn after each federal decennial census to reflect

population changes, a director in office on the effective date of

the change, or a director appointed before the effective date of

the change whose term of office begins on or after the effective

date of the change, shall serve in the precinct to which

appointed even though the change in boundaries places the

person's residence outside the precinct for which the person was

appointed.

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

1345, Sec. 1, eff. June 15, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8821.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. Except as provided by this chapter, the district has the

powers and duties provided by the general law of this state,

including Chapter 36, Water Code, and Section 59, Article XVI,

Texas Constitution, applicable to groundwater conservation

districts.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.102. REGISTRATION AND REPORTING REQUIREMENTS FOR

CERTAIN EXEMPT WELLS. The district may adopt rules that require

the owner or operator of a well or class of wells exempt from

permitting under Section 36.117, Water Code, to register the well

with the district and, if the well is not exempt under Section

36.117(b)(1), Water Code, to report groundwater withdrawals from

the well using reasonable and appropriate reporting methods and

frequency.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.103. WELL SPACING RULES; EXEMPTIONS. (a) Except as

provided by Subsection (b), the district shall exempt from the

well spacing requirements adopted by the district any well that

is completed on or before the effective date of those

requirements.

(b) The district may provide by rule that a well may lose its

exemption under this section if the well is modified in a manner

that substantially increases the capacity of the well after the

effective date of the well spacing requirements adopted by the

district.

(c) Except as provided by this section, the district may require

any well or class of wells exempt from permitting under Chapter

36, Water Code, to comply with the well spacing requirements

adopted by the district. The district shall apply well spacing

requirements uniformly to any well or class of wells based on the

size or capacity of the well and without regard to the type of

use of the groundwater produced by the well.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.104. ADOPTION OF RULES AND ISSUANCE OF PERMITS.

Before the district adopts a management plan, the district may

adopt rules and issue permits.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.105. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. The

district and another governmental entity, including a river

authority located in the district, may contract for the

performance by that entity of a district function.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.106. NO EMINENT DOMAIN POWER. The district may not

exercise the power of eminent domain.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.107. DISTRICT TERRITORY REQUIREMENTS; DISSOLUTION OF

DISTRICT. (a) On September 1, 2011, the district boundaries

must include at least one county adjacent to McLennan County.

(b) As soon as practicable after September 1, 2011, the Texas

Commission on Environmental Quality shall determine whether the

district complies with Subsection (a).

(c) If the Texas Commission on Environmental Quality determines

that the district does not comply with Subsection (a), the

commission shall dissolve the district in accordance with

Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310,

Water Code, regardless of whether the district meets the criteria

for dissolution under Section 36.304(a), Water Code.

(d) This section expires September 1, 2013.

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

1345, Sec. 1, eff. June 15, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8821.151. REVENUE. To pay the maintenance and operating

costs of the district and to pay any bonds or notes issued by the

district, the district may:

(1) assess fees for services or for water withdrawn from

nonexempt wells; or

(2) solicit and accept grants from any private or public source.

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

1345, Sec. 1, eff. June 15, 2007.

Sec. 8821.152. DISTRICT REVENUES. (a) The district by rule,

resolution, or order may establish, amend, pledge, encumber,

expend the proceeds from, and assess to any person fees for

services or production fees based on the amount of groundwater

authorized by permit to be withdrawn from a well, or on the

amount of water actually withdrawn, to enable the district to

fulfill its purposes and regulatory functions as provided by this

chapter. The district may use revenues generated by fees it

assesses for any lawful purpose.

(b) Notwithstanding any provision of general law to the

contrary, a fee authorized by Subsection (a) may not exceed:

(1) $1 per acre-foot annually for groundwater used for

agricultural purposes; or

(2) 30 cents per thousand gallons annually for groundwater used

for nonagricultural purposes.

(c) Notwithstanding any provision of general law or this chapter

to the contrary, if any, the district may assess a production fee

under this section for groundwater produced from a well or class

of wells exempt from permitting under Section 36.117, Water Code,

except for a well exempt from permitting under Section

36.117(b)(1), Water Code. A production fee assessed by the

district under this subsection must be based on the amount of

groundwater actually withdrawn from the well and may not exceed

the amount established by the district for permitted uses under

Subsection (b)(2) of this section.

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

1345, Sec. 1, eff. June 15, 2007.

Amended by:

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

1248, Sec. 6, eff. June 19, 2009.

SUBCHAPTER E. DISSOLUTION

Sec. 8821.201. ELECTION FOR DISSOLUTION. (a) If the district

has no outstanding bond or other long-term indebtedness, the

district may be dissolved by a favorable vote of a majority of

the registered voters of the district at an election held for

that purpose.

(b) The board shall hold a dissolution election if the board

receives a petition for dissolution signed by at least 50 percent

of the registered voters in the district as computed by using the

list of registered voters for McLennan County.

(c) If the district is dissolved under this section, the board

shall:

(1) notify the Texas Commission on Environmental Quality and the

secretary of state of the dissolution; and

(2) transfer title to any assets of the district to McLennan

County.

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

1345, Sec. 1, eff. June 15, 2007.