CHAPTER 8855. PRAIRIELANDS GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8855. PRAIRIELANDS GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8855.001. 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 Prairielands Groundwater Conservation

District.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.002. NATURE OF DISTRICT; FINDINGS. (a) The district

is a groundwater conservation district initially composed of

Ellis, Hill, Johnson, and Somervell 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 2009, 81st Leg., R.S., Ch.

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.003. DISTRICT TERRITORY. The initial boundaries of

the district are coextensive with the boundaries of Ellis, Hill,

Johnson, and Somervell Counties.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.004. 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 2009, 81st Leg., R.S., Ch.

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.005. CONSTRUCTION OF CHAPTER. This chapter shall be

liberally construed to achieve the purposes expressed by this

chapter and Chapter 36, Water Code. A power granted by this

chapter or Chapter 36, Water Code, shall be broadly interpreted

to achieve that intent and those purposes.

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

1208, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. INITIAL ORGANIZATION

Sec. 8855.021. APPOINTMENT OF INITIAL DIRECTORS. (a) The

district is governed by a board of eight initial directors

appointed as provided by Section 8855.051(a).

(b) Initial 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 initial directors have

been appointed, each unfilled initial director position shall be

considered a vacancy and filled by the remaining initial

directors.

(c) Except as provided under Subsection (b) for failure to

appoint an initial director, if a vacancy occurs on the board in

a position for which an initial director has previously been

appointed, the appointing county commissioners court for the

vacant position shall appoint a person to fill the vacancy in a

manner that meets the representational requirements of Section

8855.051.

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

must be a registered voter in the appointing county.

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

under Section 36.055, Water Code.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.022. ORGANIZATIONAL MEETING OF INITIAL DIRECTORS. As

soon as practicable after all the initial directors have

qualified under Section 36.055, Water Code, a majority of the

initial 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 held at a suitable location

on the Hill College campus in Cleburne, Johnson County, Texas.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.023. INITIAL TERMS. (a) The two initial directors

appointed from each county shall draw lots to determine which

director serves an initial term expiring August 31, 2011, and

which director serves an initial term expiring August 31, 2013.

(b) Each successor director shall be appointed and shall serve

in accordance with Subchapter C.

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

1208, Sec. 1, eff. September 1, 2009.

SUBCHAPTER C. BOARD OF DIRECTORS

Sec. 8855.051. GOVERNING BODY; TERMS. (a) Except as provided

by Subchapter D, the district is governed by a board of eight

directors appointed as follows:

(1) two directors appointed by the Ellis County Commissioners

Court;

(2) two directors appointed by the Hill County Commissioners

Court;

(3) two directors appointed by the Johnson County Commissioners

Court; and

(4) two directors appointed by the Somervell County

Commissioners Court.

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

one director from each of the four counties expiring on August 31

of each odd-numbered year.

(c) A director may serve multiple consecutive terms.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.052. 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 under Section 36.055,

Water Code.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.053. VACANCIES. If a vacancy occurs on the board, the

appointing county commissioners court for the vacant position

shall appoint a person to fill the vacancy. Section 36.051(c),

Water Code, does not apply to the district.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.054. 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 2009, 81st Leg., R.S., Ch.

1208, Sec. 1, eff. September 1, 2009.

SUBCHAPTER D. DISTRICT EXPANSION

Sec. 8855.071. EXPANSION OF DISTRICT BOUNDARIES. (a) After the

effective date of the Act enacting this chapter, the district

territory described in Section 8855.003 shall be expanded to

include all of the territory in Navarro County, and the governing

board described by Section 8855.051(a) shall be expanded to 10

members and include two directors appointed by the Navarro County

Commissioners Court, if:

(1) pursuant to Chapter 35, Water Code, the Texas Commission on

Environmental Quality designates all or any portion of the

territory in Navarro County as a priority groundwater management

area; and

(2) following the designation described by Subdivision (1), the

commissioners court of Navarro County:

(A) adopts a resolution that states, "By this action of the

Navarro County Commissioners Court, all of the territory in

Navarro County, Texas, shall, as of the date of this resolution,

be included in the boundaries of the Prairielands Groundwater

Conservation District"; and

(B) appoints two directors who are registered to vote in Navarro

County to the board.

(b) A person appointed under this section must qualify to serve

under Section 36.055, Water Code.

(c) At the first regular meeting of the board following the

qualification of both directors, the two directors appointed

under this section shall draw lots to determine which director

serves a term expiring August 31 of the first odd-numbered year

after the directors' appointment, and which director serves a

term expiring August 31 of the next odd-numbered year.

(d) A director appointed under this section shall otherwise

serve in accordance with Subchapter C.

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

1208, Sec. 1, eff. September 1, 2009.

SUBCHAPTER E. POWERS AND DUTIES

Sec. 8855.101. 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

applicable to groundwater conservation districts created under

Section 59, Article XVI, Texas Constitution, including Chapter

36, Water Code.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.102. CONTRACTS. The district may enter into a

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

authorized by law.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.103. APPLICABILITY OF DISTRICT REGULATIONS.

Groundwater regulation under this chapter applies to all persons

except as exempted from permitting under Section 36.117, Water

Code, or this chapter.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.104. 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 8855.103, the district may require a 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 2009, 81st Leg., R.S., Ch.

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.105. 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 Section 36.117(b)(1), to report groundwater withdrawals

from the well using reasonable and appropriate reporting methods

and frequency.

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

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.106. ENFORCEMENT. (a) The district may enforce this

chapter against any person 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 8855.152 on a person producing groundwater in violation

of a district order or rule, including the failure or refusal to

comply with any district order or rule relating to reducing or

ceasing groundwater use. The purpose of a fee authorized by 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

8855.152.

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

1208, Sec. 1, eff. September 1, 2009.

SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS

Sec. 8855.151. 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 2009, 81st Leg., R.S., Ch.

1208, Sec. 1, eff. September 1, 2009.

Sec. 8855.152. DISTRICT REVENUES. (a) The district by rule,

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

spend 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 revenue 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,

except for a well exempt from permitting under Section

36.117(b)(1). 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) of this section.

(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 2009, 81st Leg., R.S., Ch.

1208, Sec. 1, eff. September 1, 2009.