CHAPTER 8859. RED RIVER GROUNDWATER CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8859. RED RIVER GROUNDWATER CONSERVATION DISTRICT

For expiration of this subchapter, see Section 8859.025.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8859.001. 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 Red River Groundwater Conservation

District.

(4) "Water services district" means a district created under the

authority of Section 59, Article XVI, or Section 52, Article III,

Texas Constitution, with the authority to provide retail water

service in the district.

(5) "Water supply corporation" means a water supply corporation

operating under Chapter 67, Water Code.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.002. NATURE OF DISTRICT; FINDINGS. (a) The district

is a groundwater conservation district in Grayson and Fannin

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.

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.003. INITIAL DISTRICT TERRITORY. The initial

boundaries of the district are coextensive with the boundaries of

Grayson and Fannin Counties.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.004. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION

DISTRICT LAW. (a) Except as otherwise provided by this chapter,

Chapter 36, Water Code, applies to the district.

(b) Subchapter B, Chapter 36, Water Code, does not apply to the

district.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.005. 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 2009, 81st Leg., R.S., Ch.

884, Sec. 1, eff. September 1, 2009.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 8859.021. INITIAL DIRECTORS; APPOINTMENT. (a) Not later

than the 30th day after the effective date of the Act creating

this chapter, the persons designated by Sections 8859.053(a)(1),

(2), (3), and (4) to appoint directors shall appoint initial

directors as prescribed by Section 8859.053 and in writing shall

submit the appointed directors' names to the county judge of

Fannin County. The persons responsible for making nominations

for the appointments under Sections 8859.053(a)(2) and (3) shall

submit initial director nominations to the commissioners court of

Fannin County not later than the 20th day after the effective

date of the Act enacting this chapter.

(b) Not later than the 30th day after the effective date of the

Act creating this chapter, the county judge of Fannin County

shall set the date, time, and location for a meeting of the

representatives designated under Subsection (d) for the

appointment of initial directors by the entities that Sections

8859.053(a)(5) and (6) authorize to appoint directors.

(c) The county judge of Fannin County shall give notice of the

meeting required by Subsection (b) not later than the 20th day

before the date of the meeting by:

(1) providing a notice to the county clerk of Fannin County for

public posting; and

(2) mailing a notice to the commissioners court of Grayson

County.

(d) The governing body of each entity described by Sections

8859.053(a)(5) and (6) shall designate a representative to attend

the meeting described by Subsection (b) and to cast the vote on

behalf of the entity. Failure of a governing body to designate a

representative or of a representative to cast a vote does not

invalidate the appointment of the initial directors.

(e) The county judge of Fannin County shall preside at the

meeting described in Subsection (b) and may require

representatives described by Subsection (d) to provide evidence

demonstrating representation of an appropriate entity and

qualification under Section 8859.053(f). The county judge of

Fannin County in writing shall certify to the board and to the

executive director of the Texas Commission on Environmental

Quality the results of the meeting described in Subsection (b),

including:

(1) the identity of each representative described by Subsection

(d) who attended the meeting; and

(2) the names and terms of each initial director appointed.

(f) If the county judge of Fannin County does not perform any

duty established by this section before the 90th day after the

effective date of the Act creating this chapter, the executive

director of the Texas Commission on Environmental Quality shall

perform that duty as soon as practicable after that date.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.022. INITIAL DIRECTORS; TERMS OF OFFICE. (a) The

following initial directors shall serve from the date of

appointment until August 31, 2011:

(1) the initial director appointed by the commissioners court of

Fannin County under Section 8859.053(a)(1);

(2) one initial director appointed by the governing body of the

municipality under Section 8859.053(a)(4); and

(3) the initial director appointed by the governing bodies of

the municipalities under Section 8859.053(a)(5).

(b) The following initial directors shall serve from the date of

appointment until August 31, 2013:

(1) the two initial directors appointed by the commissioners

court of Fannin County under Sections 8859.053(a)(2) and (3);

(2) one initial director appointed by the governing body of the

municipality described by Section 8859.053(a)(4); and

(3) the initial director appointed by the governing boards

described by Section 8859.053(a)(6).

(c) The governing body of the municipality that appoints initial

directors under Section 8859.053(a)(4) shall indicate in the

submission for each appointment the length of the term for the

appointment as described by Subsection (b).

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.023. INITIAL DIRECTORS; QUALIFICATIONS. (a) To be

eligible to serve as an initial director:

(1) a person appointed under Section 8859.053(a)(1), (2), or (3)

must be a registered voter of Fannin County; and

(2) a person appointed under Section 8859.053(a)(4), (5), or (6)

must be a registered voter of Grayson County.

(b) Each initial director must qualify to serve as a director in

the manner provided by Section 36.055, Water Code.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.024. ORGANIZATIONAL MEETING OF INITIAL DIRECTORS. (a)

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 the Grayson County courthouse or at another location

in the district agreeable to a majority of the initial directors.

(b) The initial directors shall elect officers of the initial

board in accordance with Section 36.054(b), Water Code, at its

organizational meeting.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires December 31, 2013.

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

884, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8859.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of seven directors appointed as provided by

this section.

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

three or four directors from each appointing county expiring on

August 31 of each odd-numbered year.

(c) A director serves until the director's successor has

qualified to serve.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.052. DIRECTOR ELIGIBILITY; QUALIFICATION. (a) To be

eligible to serve as a director:

(1) a person appointed under Section 8859.053(a)(1), (2), or (3)

must be a registered voter of Fannin County; and

(2) a person appointed under Section 8859.053(a)(4), (5), or (6)

must be a registered voter of Grayson County.

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

by Section 36.055, Water Code.

(c) A person who qualifies as a director may participate in all

votes relating to the business of the district, regardless of any

common law doctrine or statutory prohibition related to conflicts

of interest or incompatibility.

(d) Section 36.058, Water Code, does not apply to a director.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.053. APPOINTMENT OF DIRECTORS. (a) The board

consists of seven directors as follows:

(1) one director appointed by the commissioners court of Fannin

County at the discretion of the commissioners court;

(2) one director appointed by the commissioners court of Fannin

County selected from a list of nominees submitted to the

commissioners court by the governing bodies of the municipalities

in Fannin County;

(3) one director appointed by the commissioners court of Fannin

County selected from a list of nominees submitted to the

commissioners court by the water services districts and water

supply corporations that provide retail water service to

customers in Fannin County, subject to the limitation provided by

Subsection (f);

(4) two directors appointed by the governing body of the

municipality in Grayson County that has the largest annual

production of groundwater by volume for the four years preceding

the appointment;

(5) one director appointed jointly by the governing bodies of

the municipalities in Grayson County other than the municipality

described by Subdivision (4); and

(6) one director appointed jointly by the governing boards of

all water services districts and water supply corporations that

provide retail water service to customers in Grayson County,

subject to the limitation provided by Subsection (f).

(b) Directors must be appointed not later than the second Monday

in August of each odd-numbered year.

(c) Not later than the 60th day before the second Monday in

August of each odd-numbered year, the district shall mail written

notice to each entity authorized to make an appointment under

Subsection (a).

(d) The board by rule shall adopt a procedure for the written

submission of appointments to the district.

(e) An entity that Subsection (a)(2) or (3) authorizes to

nominate persons for director shall submit a list of nominees not

later than the 30th day before the date the appointment is to be

made under this section. If an entity designated by Subsection

(a)(2) or (3) does not submit the list before that date, the

commissioners court of Fannin County may appoint a director to

the position for which the list was not received at the

discretion of the commissioners court.

(f) A water services district or water supply corporation in

Grayson and Fannin Counties may not participate in the

appointment of a director unless that district or corporation

used groundwater produced from wells located within the district

to provide retail water service in the district during the

calendar year of the appointment or the calendar year preceding

the appointment. The board may require evidence of eligibility

to participate.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.054. VACANCIES. If a vacancy occurs on the board, the

entity that appointed the director who vacated the office shall

appoint a person to fill the vacancy for the unexpired term in

the manner provided for the vacant position by Section 8859.053.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.055. 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.

(c) A position on the board is not a civil office of emolument

for any purpose, including a purpose described in Section 40,

Article XVI, Texas Constitution.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.056. QUORUM; CONCURRENCE FOR TRANSACTING BUSINESS.

(a) A majority of the board membership constitutes a quorum for

any meeting and a concurrence of a majority of the board shall be

sufficient to transact district business, except as provided by

Subsection (b).

(b) A concurrence of not fewer than six directors is required

for transacting the following district business:

(1) establishing or amending a groundwater production fee

assessed by the district based on the amount of groundwater

authorized by permit to be withdrawn from a well or on the amount

of water actually withdrawn from a well;

(2) adopting the annual budget of the district; and

(3) except as provided by Subsection (c), granting or denying a

permit or permit amendment for a well that is intended to produce

water within the district which will be transported in any amount

for use outside the boundaries of the district.

(c) A concurrence of a majority of the board is sufficient to

grant or deny a permit or permit amendment submitted by a retail

public utility that provides retail water service in the district

and intends to:

(1) produce water from a well located:

(A) within the district; and

(B) inside the boundaries or a certificated service area of a

retail public utility; and

(2) transport the water outside the district, so long as the

water is used within the same certificated service area or

boundary of the retail public utility.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.057. DECENNIAL REVIEW OF DISTRICT REPRESENTATION. (a)

Not later than January 1, 2019, and every 10 years following

that date, the board shall complete a review of the adequacy of

representation of water users on the board based on groundwater

production and use within the district.

(b) Not later than the 20th day following the date the review is

complete, the board shall submit the review described in

Subsection (a) and any recommendation the board may have relating

to the reapportionment of directors or the representational

structure of the board to each member of the house of

representatives and each member of the senate whose state

legislative district includes territory in the district.

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

884, Sec. 1, eff. September 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8859.101. 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, applicable to groundwater

conservation districts created under Section 59, Article XVI,

Texas Constitution.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.102. 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.

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.103. APPLICABILITY OF DISTRICT RULES REGULATING

GROUNDWATER. District rules regulating groundwater adopted under

this chapter apply to all persons except as exempted under

Section 36.117, Water Code, or this chapter.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.104. 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 by rule may provide 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 8859.103, 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 2009, 81st Leg., R.S., Ch.

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.105. 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 2009, 81st Leg., R.S., Ch.

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.106. 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 8859.152

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

8859.152.

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

884, Sec. 1, eff. September 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8859.151. TAXES PROHIBITED. The district may not impose a

tax. Sections 36.201-36.204, Water Code, do not apply to the

district.

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

884, Sec. 1, eff. September 1, 2009.

Sec. 8859.152. 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, 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 Subsection (b)(1)

of that section. 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.

(f) The district may not assess a fee for transporting water

that is produced from a well located inside the district and

inside a certificated service area of a retail public utility and

transported outside of the district, if the water is used in the

same certificated service area of the retail public utility.

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

884, Sec. 1, eff. September 1, 2009.