CHAPTER 8824. COLORADO COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8824. COLORADO COUNTY GROUNDWATER CONSERVATION DISTRICT

For contingent expiration of this chapter, see Section 8824.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8824.001. 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 Colorado County Groundwater

Conservation District.

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

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

Sec. 8824.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Colorado County created

under and essential to accomplish the purposes of Section 59,

Article XVI, Texas Constitution.

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

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

Sec. 8824.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

before September 1, 2011:

(1) the district is dissolved on September 1, 2011, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to Colorado County; and

(C) the organization of the district shall be maintained until

all debts are paid and remaining assets are transferred; and

(2) this chapter expires on September 1, 2013.

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

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

Sec. 8824.004. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

Colorado County, Texas, except that the district does not include

any territory that is included in the boundaries of the Coastal

Bend Groundwater Conservation District as of the effective date

of the Act enacting this chapter.

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

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

Sec. 8824.005. 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.

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

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8824.024.

Sec. 8824.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not

later than September 11, 2007, the Colorado County Commissioners

Court shall appoint seven temporary directors. Temporary

directors must meet the qualifications provided by Section

8824.052 for permanent directors.

(b) If there is a vacancy on the temporary board of directors of

the district, the remaining temporary directors shall select a

qualified person to fill the vacancy. If, at any time, there are

three or more vacancies on the temporary board, the Colorado

County Commissioners Court shall appoint a qualified person to

fill each vacancy.

(c) Temporary directors serve until the earlier of:

(1) the time initial directors are elected as provided by

Section 8824.023; or

(2) the date this chapter expires under Section 8824.003.

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

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

Sec. 8824.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

(a) 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 Colorado

County Courthouse.

(b) At the meeting, the temporary directors shall elect a

presiding officer, assistant presiding officer, and secretary

from among the temporary directors.

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

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

Sec. 8824.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

(a) The temporary board of directors shall hold an election to

confirm the creation of the district and elect seven initial

directors.

(b) Section 41.001(a), Election Code, does not apply to a

confirmation election held as provided by this section.

(c) Except as provided by this section, a confirmation election

must be conducted as provided by Sections 36.017(b)-(i), Water

Code, and the Election Code.

(d) The ballot for the election must be printed to provide for

voting for or against the proposition: "The creation of the

Colorado County Groundwater Conservation District and the levy of

an ad valorem tax in the district at a rate not to exceed three

cents for each $100 of assessed valuation."

(e) The temporary board of directors may include any other

proposition on the ballot that the directors determine necessary.

(f) If a majority of the votes cast at the election are not in

favor of the creation of the district, the temporary board of

directors may hold a subsequent confirmation election. The

subsequent election may not be held before the month in which the

first anniversary of the date on which the preceding election was

held occurs.

(g) The initial directors for positions one, three, five, and

seven shall serve until the first regularly scheduled election of

directors under Section 8824.053. The initial directors for the

remaining positions shall serve until the second regularly

scheduled election of directors under Section 8824.053.

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

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

Sec. 8824.024. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2013.

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

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

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8824.051. DIRECTORS; TERMS. (a) The district is governed

by a board of seven directors.

(b) Directors serve staggered four-year terms.

(c) A director may serve only two consecutive terms.

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

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

Sec. 8824.052. METHOD OF ELECTING DIRECTORS. (a) Except as

provided by Subsection (e), the directors of the district shall

be elected as follows:

(1) the directors for positions 1 through 4 must reside in

Colorado County Commissioners Precincts 1 through 4,

respectively, and are elected by the voters of the applicable

county commissioners precinct; and

(2) the directors for positions 5 through 7 must reside in the

cities of Columbus, Eagle Lake, and Weimar, respectively, and are

elected at large by the voters of the district.

(b) To be eligible to be a candidate for or to serve as a

director, a person must be a registered voter.

(c) A person shall indicate on the application for a place on

the ballot the position on the board to which the person seeks to

be elected.

(d) 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 elected or 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 elected or appointed even though the change in

boundaries places the person's residence outside the precinct for

which the person was elected or appointed.

(e) If territory is added to the district, the board shall

change the method of electing directors as necessary to ensure

that all district voters are fairly represented. A change in the

method of electing directors adopted by the board under this

subsection shall be implemented at the next directors' election

at which the change can be implemented consistently with the

Election Code and federal law.

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

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

Sec. 8824.053. ELECTION DATE. The district shall hold an

election to elect the appropriate number of directors on the

uniform election date prescribed by Section 41.001, Election

Code, in November of each even-numbered year.

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

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

Sec. 8824.054. DIVISION OF MUNICIPALITY. The provision of

Section 36.059(b), Water Code, concerning the division of a

municipal corporation among precincts does not apply to an

election under this chapter.

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

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

Sec. 8824.055. COMPENSATION; REIMBURSEMENT. (a)

Notwithstanding Section 36.060, Water Code, a director is not

entitled to receive compensation for performing the duties of a

director.

(b) The board may authorize a director to receive reimbursement

for the director's reasonable expenses incurred while engaging in

activities on behalf of the district.

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

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

Sec. 8824.056. VACANCY. A vacancy in the office of director

shall be filled by appointment of the board. The appointed

director serves only for the remainder of the unexpired term to

which the director was appointed.

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

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8824.101. RESTRICTIONS ON GENERAL POWERS. Sections 36.103

and 36.104, Water Code, do not apply to the district.

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

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

Sec. 8824.102. PROHIBITION ON REQUIRING METERING OF EXEMPT

WELLS. The district may not require meters on wells exempt from

permitting or regulation under Section 36.117, Water Code.

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

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

Sec. 8824.103. RIGHT TO ENTER LAND. (a) A district director or

employee or a person who contracts with the district may enter

private property on behalf of the district without obtaining the

permission of the property owner only if:

(1) the purpose of the entry is to conduct an investigation of a

violation of or enforce a district rule; and

(2) the property owner is provided reasonable notice before the

property is entered.

(b) A district director or employee or a person who contracts

with the district must obtain the permission of a property owner

before entering private property on behalf of the district for

any purpose other than the purposes described by Subsection

(a)(1).

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

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

Sec. 8824.104. 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.

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

Sec. 8824.105. 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, notwithstanding Section 8824.102, 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.

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

Sec. 8824.106. NO EMINENT DOMAIN POWER. The district may not

exercise the power of eminent domain.

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

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

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8824.151. REVENUE. (a) 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) impose ad valorem taxes at a rate not to exceed three cents

on each $100 of assessed valuation of taxable property in the

district; or

(2) assess reasonable fees for:

(A) services provided;

(B) water withdrawn from each well that is not exempt from

district permitting or regulation; or

(C) groundwater exported from the district.

(b) In determining a tax rate under Subsection (a)(1), the board

shall take into consideration the income of the district from

sources other than taxation.

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

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

Sec. 8824.152. GRANTS, GIFTS, AND DONATIONS. The district may

solicit and accept grants, gifts, and donations from any public

or private source.

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

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

SUBCHAPTER E. DISSOLUTION

Sec. 8824.201. SUBCHAPTER CUMULATIVE. The provisions of this

subchapter are cumulative of the provisions of Subchapter I,

Chapter 36, Water Code.

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

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

Sec. 8824.202. DISSOLUTION BY ELECTION. (a) After January 1,

2016, the board shall order an election on the question of

dissolving the district if the board receives a petition

requesting that an election be held for that purpose that is

signed by at least 15 percent of the district's registered

voters.

(b) Not later than the 30th day after the date the board

receives the petition, the directors shall:

(1) validate the signatures on the petition; and

(2) if the signatures are validated, order an election on the

next uniform election date under Section 41.001, Election Code.

(c) The order calling the election must state the nature of the

election, including the proposition that is to appear on the

ballot.

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

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

Sec. 8824.203. NOTICE OF ELECTION. Notice of an election under

this subchapter must be provided by posting a copy of the order

calling the election in at least one conspicuous place for at

least 10 days before the day of the election:

(1) at the Colorado County Courthouse;

(2) in each Colorado County commissioners precinct; and

(3) in the cities of Columbus, Eagle Lake, and Weimar.

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

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

Sec. 8824.204. BALLOT. The ballot for an election under this

subchapter must be printed to permit voting for or against the

proposition: "The dissolution of the Colorado County Groundwater

Conservation District."

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

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

Sec. 8824.205. ELECTION RESULTS; DISPOSITION OF ASSETS. If a

majority of the votes in an election under this subchapter favor

dissolution:

(1) the board shall find that the district is dissolved; and

(2) Section 36.310, Water Code, applies for the purpose of

disposition of the district's assets.

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

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