CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8849.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Lost Pines 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. 8849.002. NATURE OF DISTRICT. The district is a

groundwater conservation district 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. 8849.003. 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. 8849.004. DISTRICT TERRITORY. The district's boundaries

are coextensive with the boundaries of Bastrop and Lee 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. 8849.051. COMPOSITION OF BOARD; TERMS. (a) The district

is governed by a board of 10 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. 8849.052. APPOINTMENT OF DIRECTORS. (a) Five directors

are appointed from Bastrop County by the county judge of Bastrop

County and five directors are appointed from Lee County by the

county judge of Lee County.

(b) Every two years after the initial appointment of directors,

the appropriate number of directors shall be appointed.

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. 8849.053. BOARD VACANCY. If a vacancy occurs on the board,

the board may 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. 8849.054. EXPENSES. A director is entitled to

reimbursement for actual reasonable expenses incurred in

performing duties as a director.

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. 8849.101. 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. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM

REGULATION. The district may adopt a rule exempting a well that

is not capable of producing more than 50,000 gallons of

groundwater a day from a permit requirement, a fee, or a

restriction on production.

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. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD

COMMISSION. (a) In this section:

(1) "Public utility" means any person, corporation, public

utility, water supply or sewer service corporation, municipality,

political subdivision, or agency operating, maintaining, or

controlling facilities in this state for providing potable water

service for compensation.

(2) "Railroad commission" means the Railroad Commission of

Texas.

(b) A groundwater well drilled or operated in the district under

a permit issued by the railroad commission is under the exclusive

jurisdiction of the railroad commission and is exempt from

regulation by the district.

(c) Groundwater produced in an amount authorized by a railroad

commission permit may be used in or exported from the district

without a permit from the district.

(d) To the extent groundwater production exceeds railroad

commission authorization, the holder of the railroad commission

permit:

(1) shall apply to the district for the appropriate permit for

the excess production; and

(2) is subject to the applicable regulatory fees.

(e) Groundwater produced from a well under the jurisdiction of

the railroad commission is generally exempt from water district

fees. However, the district may impose a pumping fee or an

export fee on groundwater produced from an otherwise exempt mine

well that is used for municipal purposes or by a public utility.

A fee imposed by the district under this subsection may not

exceed the fee imposed on other groundwater producers 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. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX COORDINATING

COUNCIL. The district is a member of the Central Carrizo-Wilcox

Coordinating Council.

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. 8849.105. MANAGEMENT PLAN. The district shall develop or

contract to develop a district management plan under Section

36.1071, Water Code, and submit the plan to the Central

Carrizo-Wilcox Coordinating Council to be included in the

management plan developed by the council.

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. 8849.106. REGIONAL COOPERATION. The district shall:

(1) adopt a management plan detailing proposed efforts of the

district to cooperate with other groundwater conservation

districts;

(2) participate as needed in coordination meetings with adjacent

groundwater conservation districts that share one or more

aquifers with the district;

(3) coordinate the collection of data with adjacent groundwater

conservation districts in such a way as to achieve relative

uniformity of data type and quality;

(4) provide groundwater level information to adjacent

groundwater conservation districts;

(5) investigate any groundwater pollution to identify the

pollution's source;

(6) notify adjacent groundwater conservation districts and all

appropriate agencies of any groundwater pollution detected and

the source of the pollution identified;

(7) provide to adjacent groundwater conservation districts

annually an inventory of water wells in the district and an

estimate of groundwater production in the district; and

(8) include adjacent groundwater conservation districts on

mailing lists for district newsletters and information regarding

seminars, public education events, news articles, and field days.

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. 8849.151. PUMPING FEES. (a) The district may assess

regulatory pumping fees for water produced in or exported from

the district.

(b) The regulatory pumping fees the district assesses for water

for crop or livestock production or other agricultural uses may

not exceed 20 percent of the rate applied to water for municipal

uses.

(c) Regulatory pumping fees based on the amount of water

withdrawn from a well may not exceed:

(1) $1 for each acre-foot for water used to irrigate

agricultural crops; or

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

other purpose.

(d) Combined regulatory pumping fees for production and export

of water may not 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. 8849.152. TAXES PROHIBITED. The district may not impose a

tax.

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

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