CHAPTER 8830. UPPER TRINITY GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8830. UPPER TRINITY GROUNDWATER

CONSERVATION DISTRICT

For contingent expiration of this chapter, see Section 8830.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8830.001. 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 Upper Trinity Groundwater Conservation

District.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.002. NATURE OF DISTRICT; FINDINGS. (a) The district

is a groundwater conservation district in Hood, Montague, Parker,

and Wise Counties created under and essential to accomplish the

purposes of Section 59, Article XVI, Texas Constitution.

(b) The district is created to serve a public use and benefit.

(c) All of the land and other property included within the

boundaries of the district will be benefited by the works and

projects that are to be accomplished by the district under powers

conferred by this chapter and by Chapter 36, Water Code.

(d) Any fees imposed by the district under this chapter are

necessary to pay for the costs of accomplishing the purposes of

the district, including the conservation and management of

groundwater resources, as provided by this chapter and Section

59, Article XVI, Texas Constitution.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8830.023 before September 1, 2009:

(1) the district is dissolved on September 1, 2009, except that:

(A) any debts incurred shall be paid;

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

transferred in equal amounts to Hood, Montague, Parker, and Wise

Counties; 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 September 1, 2012.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.004. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

Hood, Montague, Parker, and Wise Counties.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.005. 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.

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.006. 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.

1343, Sec. 1, eff. June 15, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8830.025.

Sec. 8830.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) The

district is initially governed by a board of eight temporary

directors appointed as provided by Section 8830.051(a).

(b) Temporary directors shall be appointed not later than the

90th day after the effective date of the Act enacting this

chapter. If after the 90th day fewer than eight temporary

directors have been appointed, each unfilled position shall be

considered a vacancy and filled in accordance with Subsection

(c).

(c) If a vacancy occurs on the temporary board, the remaining

temporary directors shall appoint a person to fill the vacancy in

a manner that meets the representational requirements of this

section.

(d) To be eligible to serve as a temporary director, a person

must be a registered voter in the appointing county.

(e) Each temporary director must qualify to serve as a director

in the manner provided by Section 36.055, Water Code.

(f) Temporary directors serve until the earlier of:

(1) the time the temporary directors become the initial

permanent directors under Section 8830.024; or

(2) the date this chapter expires under Section 8830.003.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.022. 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 in the district agreeable to a

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

reached, the organizational meeting shall be at the Poolville

Junior High School in Parker County.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.023. CONFIRMATION ELECTION. (a) The temporary

directors shall hold an election to confirm the creation of the

district.

(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), (c), and

(e)-(g), Water Code, and by the Election Code.

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

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

nontaxing, locally controlled groundwater conservation district

to be known as the Upper Trinity Groundwater Conservation

District, in lieu and instead of anticipated action by the Texas

Commission on Environmental Quality to otherwise establish a

conservation and reclamation district within the same or a larger

area."

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

favor of the creation of the district, the temporary directors

may order a subsequent confirmation election to be held in

accordance with this section.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.024. INITIAL PERMANENT DIRECTORS; INITIAL TERMS. If

creation of the district is confirmed at an election held under

Section 8830.023:

(1) the temporary directors become the initial permanent

directors; and

(2) the two directors appointed from each county shall draw lots

to determine which director serves a term expiring June 1 of the

first odd-numbered year after the confirmation election and which

director serves a term expiring June 1 of the next odd-numbered

year.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2012.

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

1343, Sec. 1, eff. June 15, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8830.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of eight directors appointed as follows:

(1) two directors appointed by the Hood County Commissioners

Court;

(2) two directors appointed by the Montague County Commissioners

Court;

(3) two directors appointed by the Parker County Commissioners

Court; and

(4) two directors appointed by the Wise County Commissioners

Court.

(b) Directors serve staggered four-year terms, with the term of

one director from each of the four counties expiring on June 1 of

each odd-numbered year.

(c) A director may serve multiple consecutive terms.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.052. DIRECTOR ELIGIBILITY; QUALIFICATION. (a) To be

eligible to serve as a director, a person must be a registered

voter in the appointing county.

(b) Each director must qualify to serve in the manner provided

by Section 36.055, Water Code.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.053. VACANCIES. If a vacancy occurs on the board, the

remaining directors shall appoint a person to fill the vacancy in

a manner that meets the representational requirements of Section

8830.051.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.054. COMPENSATION; REIMBURSEMENT. (a)

Notwithstanding Sections 36.060(a) and (d), Water Code, a

director may not receive compensation for performing the duties

of director.

(b) A director is entitled to reimbursement of actual expenses

reasonably and necessarily incurred while engaging in activities

on behalf of the district.

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

1343, Sec. 1, eff. June 15, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8830.101. 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.

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.102. CONTRACTS. The district may enter into a

contract with any person, public or private, for any purpose

authorized by law.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.103. APPLICABILITY OF DISTRICT REGULATIONS.

Groundwater regulation under this chapter applies to all persons

except as exempted under Section 36.117, Water Code, or this

chapter.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.104. 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 and notwithstanding

Section 8830.103, 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.

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.105. 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, except for a well exempt from permitting

under Subsection (b)(1) of that section, to report groundwater

withdrawals from the well using reasonable and appropriate

reporting methods and frequency.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.106. ENFORCEMENT. (a) The district may enforce this

chapter in the manner provided by Chapter 36, Water Code. In

lieu of a remedy available to the district under Section 36.102,

Water Code, or in addition to those remedies, the district may

impose a fee in addition to a fee assessed under Section 8830.152

on a person producing groundwater in violation of a rule of the

district, including the failure or refusal to comply with any

order or rule of the district to reduce or cease groundwater

usage. The purpose of a fee authorized under this subsection is

to serve as a disincentive to producing groundwater except as

authorized by the district.

(b) A fee imposed under Subsection (a) may not exceed an amount

equal to 10 times the amount of a fee assessed under Section

8830.152.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.107. NO EMINENT DOMAIN POWER. The district may not

exercise the power of eminent domain.

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

1343, Sec. 1, eff. June 15, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8830.151. TAXES PROHIBITED. The district may not impose a

tax. Sections 36.020(a) and 36.201-36.204, Water Code, do not

apply to the district.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.152. DISTRICT REVENUES. (a) The district by rule,

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

expend the proceeds from, and assess to any person 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.

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).

(d) Notwithstanding Section 36.1071(f), Water Code, the district

by rule, resolution, or order before the adoption of its

management plan may:

(1) establish, assess, and enforce the collection of production

fees under this section; and

(2) establish and enforce metering and reporting requirements,

except for a well exempt from permitting under Section

36.117(b)(1), Water Code.

(e) The district by rule may establish a temporary or permanent

discounted fee rate for persons who prepay production fees to the

district under this section on or before the dates established by

district rule.

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

1343, Sec. 1, eff. June 15, 2007.

Sec. 8830.153. EXEMPTION FROM PRODUCTION FEES FOR GROUNDWATER

USED FOR CERTAIN EMERGENCY PURPOSES. (a) In this section,

"involved entity" means:

(1) a fire department or emergency services district that uses

groundwater produced within the boundaries of the district; or

(2) a person that provides groundwater produced within the

boundaries of the district to a fire department or emergency

services district.

(b) Groundwater produced within the boundaries of the district

for use by a fire department or emergency services district

solely for emergency purposes is exempt from the assessment of

any production fees that would otherwise be required under a

district rule, resolution, or order adopted under Section

8830.152.

(c) For purposes of this section, emergency purposes include the

use of groundwater:

(1) to fight fires, manage chemical spills, and otherwise

address emergency public safety or welfare concerns; and

(2) for training exercises conducted in preparation for

responding to fires, chemical spills, and other emergency public

safety or welfare concerns.

(d) The district may adopt rules to implement this section that

require each involved entity to report to the district using

reasonable and appropriate reporting methods established by the

district:

(1) the total quantity of groundwater produced or used, as

applicable, for all purposes by the involved entity during each

month of the reporting period;

(2) the quantity of groundwater produced or used, as applicable,

for emergency purposes during each month of the reporting period;

and

(3) the quantity of groundwater produced or used, as applicable,

for any purpose other than for emergency purposes during each

month of the reporting period.

(e) The production fee exemption provided by Subsection (b) does

not apply to groundwater produced for a purpose other than for

emergency purposes.

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

390, Sec. 1, eff. June 19, 2009.