CHAPTER 8832. MESQUITE GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8832. MESQUITE GROUNDWATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8832.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Mequite 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. 8832.002. NATURE OF DISTRICT. The district is created

under Section 59, Article XVI, Texas Constitution, to provide for

the conservation, preservation, protection, recharge, and

prevention of waste of the groundwater reservoirs located under

district land, consistent with the objectives of Section 59,

Article XVI, Texas Constitution, and Chapter 36, Water Code.

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. 8832.003. DISTRICT TERRITORY. The district includes the

territory in Collingsworth County and any territory annexed by

the district under Section 8832.055 or 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. 8832.004. DISTRICT NAME CHANGE. The board by resolution

may change the district's name.

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. 8832.051. COMPOSITION OF BOARD; TERMS. (a) Except as

provided by Section 8832.055, the district is governed by a board

of five directors.

(b) Directors serve staggered four-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. 8832.052. ELECTION OF DIRECTORS. (a) The district is

divided into five numbered single-member districts for electing

directors.

(b) The board may revise the single-member districts as

necessary or appropriate.

(c) One director is elected from each single-member district. A

director elected from a single-member district represents the

residents and property owners of that single-member district.

(d) Board elections are conducted according to Sections

36.017(b)-(h), Water Code, and the Election Code.

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. 8832.053. ELECTION DATE. A board election shall be held on

a uniform election date in each even-numbered year.

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. 8832.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO

SERVE. (a) To be qualified for election as a director, a person

must be:

(1) a resident of the district; and

(2) at least 18 years of age.

(b) To represent a single-member district, a director must own

property in that single-member 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. 8832.055. COMPOSITION OF BOARD AND ELECTION OF DIRECTORS

FOLLOWING ANNEXATION. (a) Territory may be added to the

district as provided by Chapter 36, Water Code.

(b) If the district annexes territory, the board may:

(1) add the annexed territory to one or more existing

single-member districts for purposes of electing directors;

(2) redraw the five single-member districts to include the

annexed territory; or

(3) add additional single-member districts for the election of

additional directors.

(c) The district may not contain more than 11 single-member

districts.

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. 8832.101. GENERAL POWERS AND DUTIES. The district may

exercise:

(1) the powers essential to accomplish the purposes of Section

59, Article XVI, Texas Constitution; and

(2) the rights, powers, duties, privileges, and functions

provided by this chapter, Chapter 36, Water Code, and other laws

of this state relating to groundwater conservation districts.

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. 8832.102. ADMINISTRATIVE PROCEDURES. Except as provided by

this chapter, the administrative and procedural provisions of

Chapter 36, Water Code, apply to 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. 8832.103. WELL PERMITS. (a) As permitted by Chapter 36,

Water Code, the district may:

(1) require a permit for drilling, equipping, or completing a

well in a groundwater reservoir in the district; and

(2) issue a permit that includes terms relating to drilling,

equipping, or completing a well that are necessary to prevent

waste or conserve, preserve, and protect groundwater.

(b) The district may not deny an owner of land, or the owner's

heirs, assigns, and lessees, a permit to drill a well on that

land or the right to produce groundwater from that well subject

to rules adopted under this chapter.

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. 8832.104. WELL SPACING AND PRODUCTION. To minimize as far

as practicable the drawdown of the water table or the reduction

of the artesian pressure, the district as permitted by Chapter

36, Water Code, may provide for the spacing of wells producing

from the groundwater reservoirs in the district and regulate the

production from those wells.

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. 8832.105. LOGS. As permitted by Chapter 36, Water Code,

the district may require that:

(1) accurate driller's logs be kept of the drilling, equipping,

and completion of a well into a groundwater reservoir in the

district; and

(2) a copy of a driller's log and of any electric log that may

be made of the well be filed with 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. 8832.106. SURVEYS. As permitted by Chapter 36, Water Code,

the district may have a licensed engineer survey the groundwater

of a groundwater reservoir in the district and the facilities for

the development, production, and use of that groundwater and

determine the quantity of the groundwater available for

production and use and the improvements, developments, and

recharges needed for the groundwater reservoir.

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. 8832.107. RESEARCH AND DETERMINATIONS REGARDING GROUNDWATER

WITHDRAWAL. As permitted by Chapter 36, Water Code, the district

may carry out research projects, develop information, and

determine limitations, if any, that should be made on the

withdrawal of groundwater from a groundwater reservoir in 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. 8832.108. COLLECTION AND PRESERVATION OF INFORMATION. As

permitted by Chapter 36, Water Code, the district may collect and

preserve information regarding the use of groundwater and the

practicability of recharge of a groundwater reservoir in 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. 8832.109. CONTRACT FOR SALE AND DISTRIBUTION OF WATER. As

permitted by Chapter 36, Water Code, the district may contract

for, sell, and distribute water from a water import authority or

other agency.

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

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

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8832.151. FINANCIAL RECORDS. (a) The district shall file

with the county treasurer of each county in which the district is

located a copy of each audit, board order, or other document

relating to district finances. The copy shall be filed not later

than the 60th day after the date the audit is completed, the

order is adopted, or the other document is finalized.

(b) The county treasurer shall maintain a copy of each audit,

order, or other document at the county treasurer's main office

and shall make the copies available for public inspection during

regular office hours.

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

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