CHAPTER 8825. BLUEBONNET GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8825. BLUEBONNET GROUNDWATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8825.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Bluebonnet Groundwater 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. 8825.002. NATURE OF DISTRICT. (a) The district is a

groundwater conservation district created under and essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

(b) The purpose of this chapter is to create a locally

controlled district to:

(1) protect and recharge groundwater;

(2) prevent pollution or waste of groundwater;

(3) control subsidence caused by withdrawal of water from the

groundwater reservoirs in the area; and

(4) regulate the transport of water out 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. 8825.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The

district is created to serve a public use and benefit.

(b) All land and other property included in the district will

benefit from the works and projects accomplished by the district

under the powers conferred by 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. 8825.004. DISTRICT TERRITORY. The district's boundaries

are coextensive with the boundaries of Austin, Grimes, Walker,

and Waller Counties, unless the district's territory has 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. 8825.051. COMPOSITION OF BOARD. The district is governed

by a board of not fewer than 8 or more than 20 directors

appointed as provided by Section 8825.053.

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. 8825.052. TERMS. (a) Directors serve staggered four-year

terms.

(b) A director may serve consecutive 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. 8825.053. APPOINTMENT OF DIRECTORS. (a) The commissioners

courts of the counties in the district, if the district has two

to five counties, shall each appoint four directors, of whom:

(1) one must represent municipal interests;

(2) one must represent agricultural interests;

(3) one must represent industrial interests; and

(4) one must represent rural water suppliers' interests.

(b) If the district consists of one county, the commissioners

court of that county shall appoint eight directors, of whom:

(1) two must represent municipal interests;

(2) two must represent agricultural interests;

(3) two must represent industrial interests; and

(4) two must represent rural water suppliers' interests.

(c) Every two years after the date on which all initial

directors qualified as required by Section 36.055, Water Code,

the appropriate commissioners courts shall each appoint 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. 8825.054. BOARD VACANCY. (a) If there is a vacancy on the

board, the commissioners court that appointed the director who

vacated the office shall appoint a director to serve the

remainder of the term.

(b) In making the appointment, the commissioners court shall

appoint a director to represent the interest of the director who

vacated the office.

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. 8825.055. COMPENSATION; EXPENSES. (a) A director is not

entitled to receive compensation for serving as a director.

(b) A director may be reimbursed for actual reasonable expenses

incurred in discharging official duties.

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. 8825.056. VOTE REQUIRED FOR BOARD ACTION. A majority vote

of a quorum of the board is required for board action. If there

is a tie vote, the proposed action fails.

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. 8825.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. Except as otherwise provided by this chapter, the

district has the rights, powers, privileges, functions, and

duties provided by the general law of this state, including

Chapter 36, Water Code, applicable to groundwater conservation

districts 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. 8825.102. LIMITATIONS ON DISTRICT POWERS. The district

does not have the authority granted by:

(1) Section 36.105, Water Code, relating to eminent domain; and

(2) Sections 36.020 and 36.201-36.204, Water Code, relating to

taxes.

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. 8825.103. REGISTRATION, EQUIPMENT, AND MAINTENANCE OF

EXEMPTED WELLS; APPLICABILITY OF FEES. (a) A well exempted

under Section 36.117(a) or (b), Water Code, may be:

(1) registered in accordance with rules adopted by the district;

and

(2) equipped and maintained in accordance with Section

36.117(h)(2), Water Code.

(b) The district may require the driller of a well exempted as

provided by Subsection (a) to file the drilling log with the

district.

(c) Groundwater withdrawn from an exempted well and subsequently

transported outside the boundaries of the district is subject to

all applicable production and export fees imposed under Sections

8825.105 and 8825.106.

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. 8825.104. CERTAIN PERMIT DENIALS PROHIBITED. The district

may not deny the owner of a tract of land, or the owner's lessee,

who does not have a well equipped to produce more than 25,000

gallons each day on the tract, either a permit to drill a well on

the tract or the privilege to produce groundwater from the tract,

subject to any rules 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. 8825.105. PERMIT FEES. (a) The board by rule may impose a

reasonable fee on each well that is not exempt from regulation by

the district and for which a permit is issued by the district.

(b) The fee may be based on:

(1) the size of column pipe used by the well; or

(2) the actual, authorized, or anticipated amount of water to be

withdrawn from the well.

(c) The fee may not exceed:

(1) $1 for each acre-foot payable annually for water used for

agricultural use; or

(2) 17 cents for each thousand gallons for water used for any

other 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. 8825.106. ADDITIONAL FEE; SURCHARGE. In addition to a fee

imposed under Section 8825.105, the district may impose a

reasonable fee or surcharge for an export fee using one of the

following methods:

(1) a fee negotiated between the district and the transporter;

or

(2) a combined production and export fee not to exceed 17 cents

for each thousand gallons for water used.

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. 8825.107. ANNUAL ASSESSMENT AND USE OF FEES. A fee imposed

under Section 8825.105 or 8825.106 may be:

(1) assessed annually; and

(2) used to fund the costs of district operations.

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. 8825.108. MITIGATION ASSISTANCE. In addition to the

authority granted by Chapter 36, Water Code, the district may

assist in the mediation between landowners regarding the

mitigation of a loss of existing groundwater supply of exempt

domestic and livestock users due to the groundwater pumping of

others.

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. 8825.109. COORDINATION WITH OTHER ENTITIES. The district

may:

(1) coordinate activities with the Central Carrizo-Wilcox

Coordinating Council and appoint a nonvoting representative to

the Central Carrizo-Wilcox Coordinating Council; and

(2) coordinate activities with the Harris-Galveston Coastal

Subsidence District or other groundwater conservation districts

to manage portions of the Gulf Coast Aquifer.

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

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