CHAPTER 8827. BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8827. BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8827.001. DEFINITIONS. In this chapter:

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

(2) "Commissioners court" means the Brewster County

Commissioners Court.

(3) "Director" means a board member.

(4) "District" means the Brewster County 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. 8827.002. NATURE OF DISTRICT. The district is a

groundwater conservation district in Brewster County created

under and essential to accomplish the purposes of 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. 8827.003. 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. 8827.004. DISTRICT TERRITORY. The district's boundaries

are coextensive with the boundaries of Brewster County 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.

Text of section effective on April 01, 2011

Sec. 8827.005. DISTRICT NAME CHANGE. The board by resolution

may change the name of the district if the district annexes

territory.

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. 8827.051. COMPOSITION OF BOARD; TERMS. (a) The district

is governed by a board of seven directors appointed by the

commissioners court.

(b) The board is composed of:

(1) three directors who represent the municipalities or

population centers of Alpine, Lajitas, Marathon, Study Butte, and

Terlingua;

(2) three directors who represent the rural part of Brewster

County, exclusive of the municipalities or population centers of

Alpine, Lajitas, Marathon, Study Butte, and Terlingua; and

(3) one director who represents Brewster County at large.

(c) A director described by Subsection (b)(1) must reside in or

in the immediate area of a municipality or population center

listed in that subsection.

(d) At least one director must reside in each county

commissioners precinct.

(e) Directors serve staggered three-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. 8827.052. APPOINTMENT OF DIRECTORS. The commissioners

court shall appoint a director to succeed a director on or before

the date the director's term expires.

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. 8827.053. BOARD VACANCY. If there is a vacancy on the

board, the commissioners court shall appoint a director to serve

the remainder of the 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. 8827.054. COMPENSATION; EXPENSES. A director may not

receive a salary or other compensation for service as a director

but may be reimbursed for actual expenses of attending meetings

at the rate in effect for employees of Brewster County.

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. 8827.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND

DUTIES. 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. 8827.102. LIMITATIONS ON DISTRICT POWERS RELATING TO REAL

PROPERTY. Notwithstanding other law:

(1) the district may not exercise the power of eminent domain;

and

(2) an agent or employee of the district may not enter private

property without the permission of the landowner or the

landowner's agent except to inspect a permitted well and to

ensure compliance with district rules.

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. 8827.103. GROUNDWATER TRANSFER RESTRICTIONS AND FEES. (a)

The district may limit and impose fees on the transfer of

groundwater out of the district if, after public notice and a

hearing and in accordance with district rules, the district finds

that restrictions or fees on transfer are in the district's best

interests.

(b) In making the determination under Subsection (a), the

district shall consider:

(1) the availability of water in the district and in the

receiving area during the period for which the proposed water

transfer is requested;

(2) the availability of feasible and practicable alternative

supplies to the applicant proposing the transfer;

(3) the amount and proposed use of the transferred water in the

receiving area;

(4) the projected effect of the proposed transfer on aquifer

conditions, depletion, or subsidence or effects on existing

permit holders or other groundwater users within the district;

(5) the projected environmental and economic effects on the

district; and

(6) the compatibility of the proposed transfer with the approved

regional plan and certified district management plan.

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

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