81C27(4) SMH

 

CHAPTER 8832. COLLINGSWORTH COUNTY UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8832.001.  DEFINITIONS ...............................  2

Sec. 8832.002.  NATURE OF DISTRICT ........................  2

Sec. 8832.003.  DISTRICT TERRITORY ........................  3

Sec. 8832.004.  DISTRICT NAME CHANGE ......................  4

[Sections 8832.005-8832.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8832.051.  COMPOSITION OF BOARD; TERMS ...............  4

Sec. 8832.052.  ELECTION OF DIRECTORS .....................  5

Sec. 8832.053.  ELECTION DATE .............................  6

Sec. 8832.054.  QUALIFICATIONS FOR ELECTION;

                  ELIGIBILITY TO SERVE ....................  6

Sec. 8832.055.  COMPOSITION OF BOARD AND ELECTION OF

                  DIRECTORS FOLLOWING ANNEXATION ..........  6

[Sections 8832.056-8832.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8832.101.  GENERAL POWERS AND DUTIES .................  8

Sec. 8832.102.  ADMINISTRATIVE PROCEDURES .................  8

Sec. 8832.103.  WELL PERMITS ..............................  8

Sec. 8832.104.  WELL SPACING AND PRODUCTION ...............  9

Sec. 8832.105.  LOGS ...................................... 10

Sec. 8832.106.  SURVEYS ................................... 11

Sec. 8832.107.  RESEARCH AND DETERMINATIONS REGARDING

                  GROUNDWATER WITHDRAWAL .................. 11

Sec. 8832.108.  COLLECTION AND PRESERVATION OF

                  INFORMATION ............................. 12

Sec. 8832.109.  CONTRACT FOR SALE AND DISTRIBUTION OF

                  WATER ................................... 12

[Sections 8832.110-8832.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 8832.151.  FINANCIAL RECORDS ......................... 14

CHAPTER 8832. COLLINGSWORTH COUNTY UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

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 Collingsworth County Underground Water Conservation District.  (Acts 69th Leg., R.S., Ch. 376, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Collingsworth County Underground Water Conservation District.

Revisor's Note

The definitions of "board" and "director" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Secs. 1 (part), 4.)

Source Law

Sec. 1.  Under Article XVI, Section 59, of the Texas Constitution the Collingsworth County Underground Water Conservation District is a governmental agency and body politic and corporate, … .

Sec. 4.  The district is created to provide for the conservation, preservation, protection, recharge, and prevention of waste of the underground water reservoirs located under district land consistent with the objectives of Article XVI, Section 59, of the Texas Constitution and Chapter 36, Water Code.

Revisor's Note

(1)  Section 1, Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, provides that the district is "a governmental agency and body politic and corporate."  The revised law omits the quoted language because it duplicates a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate.

(2)  Section 4, Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, refers to "underground water reservoirs" and to Chapter 36, Water Code.  Former Chapter 52, Water Code, referred to "underground water reservoirs."  Chapter 933, Acts of the 74th Legislature, Regular Session, 1995, repealed Chapter 52, Water Code, and enacted Chapter 36, Water Code, which refers to "groundwater reservoirs."  Throughout this chapter, the revised law substitutes "groundwater" for "underground water" because that is the term used by Chapter 36, Water Code, and because that is the more commonly used and modern term.

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 3; New.)

Source Law

Sec. 3.  The district includes all of the territory located in Collingsworth County and any territory annexed by the district.

Revisor's Note

The revision of the law governing the district revises the statutory language describing the territory of the district.  Because the district's boundaries are subject to change, that description may not be accurate on the effective date of the revision or at the time of a later reading. For the reader's convenience, the revised law includes a reference to the authority to change the district's territory under Section 12, Chapter 376, Acts of the 69th Legislature, Regular Session, 1985 (revised in this chapter as Section 8832.055), and to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

Sec. 8832.004.  DISTRICT NAME CHANGE.  The board by resolution may change the district's name.  (Acts 69th Leg., R.S., Ch. 376, Sec. 4A.)

Source Law

Sec. 4A.  The board by resolution may change the district's name.

[Sections 8832.005-8832.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Secs. 13(a), (d); New.)

Source Law

Sec. 13.  (a)  The district shall be governed by a board of directors that consists of five directors.

(d)  Directors serve staggered four-year terms.

Revisor's Note

For the reader's convenience, the revised law includes a reference to the statutory authority to increase the number of directors under Section 12, Chapter 376, Acts of the 69th Legislature, Regular Session, 1985 (revised in this chapter as Section 8832.055).

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Secs. 13(c) (part), (e) (part); Acts 77th Leg., R.S., Ch. 1364, Sec. 5(d) (part).)

Source Law

[Acts 69th Leg., R.S., Ch. 376, Sec. 13]

(c)  One director shall be elected from each single-member district… .

(e)  The board of directors shall draw five numbered single-member districts for electing directors and may revise the districts as necessary or appropriate.  For the conduct of an election under this section, the board shall provide for one director to be elected from each of the single-member districts.  A director elected from a single-member district represents the residents and property owners of that single-member district.  Board elections . . . shall be conducted according to Sections 36.017(b)-(h), Water Code, and the Election Code.

[Acts 77th Leg., R.S., Ch. 1364, Sec. 5]

(d)  [At each subsequent directors' election,] the appropriate number of directors shall be elected from single-member districts.

Revisor's Note

Section 13(e), Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, provides that the board "shall draw" five numbered single-member districts for electing directors.  The revised law substitutes "is divided into" for the quoted language because the requirement that the board "draw," or divide the district into, the numbered single-member districts is executed.

Revised Law

Sec. 8832.053.  ELECTION DATE.  A board election shall be held on a uniform election date in each even-numbered year.  (Acts 69th Leg., R.S., Ch. 376, Sec. 13(e) (part).)

Source Law

(e)  … Board elections shall be held on a uniform election day in even-numbered years and … .

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Secs. 13(b), (c) (part).)

Source Law

(b)  To be qualified for election as a director, a person must be a resident of the district and be at least 18 years of age.

(c)  … To represent a single-member district, the director must own property in that single-member district.

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 12.)

Source Law

Sec. 12.  (a)  Additional territory may be added to the district as provided by Chapter 36, Water Code.  If the district annexes additional territory, the board of directors may add the annexed territory to one or more existing single-member districts for purposes of electing directors, may redraw the five single-member districts to include the annexed territory, or may add additional single-member districts for the election of additional directors.

(b)  The district may not contain more than 11 single-member districts.

Revisor's Note

(End of Subchapter)

Section 5, Chapter 1364, Acts of the 77th Legislature, Regular Session, 2001, contains transition language regarding the terms of office of the directors serving on the day before the effective date of that act and directors' elections for the years 2002 and 2004. The revised law omits the language as executed because the terms of office of the directors have expired and the elections have been held.  The omitted law reads:

Sec. 5.  (a)  A director of the Collingsworth County Underground Water Conservation District who is serving on the day before the effective date of this Act shall serve until the director's term expires.

(b)  At the 2002 directors' election, the open board positions shall be filled by the appropriate number of directors, who shall be elected from single-member districts.

(c)  At the 2004 directors' election, the remaining board positions shall be filled by directors elected from the remaining single-member districts.

(d)  At each subsequent directors' election, [the appropriate number of directors shall be elected from single-member districts.]

[Sections 8832.056-8832.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Secs. 1 (part), 5 (part).)

Source Law

Sec. 1.  Under Article XVI, Section 59, of the Texas Constitution the Collingsworth County Underground Water Conservation District is … authorized to exercise the powers essential to the accomplishment of the purposes of that constitutional provision and to exercise the rights, powers, duties, privileges, and functions provided by this Act and by Chapter 36, Water Code, and by other laws of this state relating to underground water conservation districts.

Sec. 5.  The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, and … .

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 6.)

Source Law

Sec. 6.  Except as provided by this Act, the administrative and procedural provisions of Chapter 36, Water Code, apply to the district.

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)

Source Law

Sec. 5.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, and] may:

…

(3)  require permits for the drilling, equipping, and completion of wells in the underground water reservoirs in the district and issue permits that include terms and provisions with reference to the drilling, equipping, and completion of the wells that are necessary to prevent waste or conserve, preserve, and protect underground water;

(4)  … provided, the owner of the land, his heirs, assigns, and lessees are not denied a permit to drill a well on their land and the right to produce underground water from that well subject to rules adopted under this Act;

… 

Revisor's Note

Section 5(3), Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, refers to "terms and provisions."  The revised law omits the reference to "provisions" because "provisions" is included in the meaning of "terms."

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)

Source Law

Sec. 5.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, and] may:

…

(4)  provide for the spacing of wells producing from the underground water reservoirs in the district and regulate the production from those wells to minimize as far as practicable the drawdown of the water table or the reduction of the artesian pressure, …;

…

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)

Source Law

Sec. 5.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, and] may:

…

(5)  … require accurate driller's logs to be kept of those wells and a copy of those logs and of any electric logs that may be made of the wells to be filed with the district;

…

Revisor's Note

Section 5(5), Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, provides that the district may require that certain records be kept and reports be made regarding water wells and the use of groundwater.  The revised law omits the provision because it duplicates, in substance, Section 36.111(a), Water Code.  The omitted law reads:

Sec. 5.  [The district … may:]

…

(5)  require records to be kept and reports to be made of the drilling, equipping, and completion of wells into any underground water reservoir in the district and the taking and use of underground water from those reservoirs and … .

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)

Source Law

Sec. 5.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, and] may:

…

(7)  have made by registered professional engineers surveys of the underground water of any underground water reservoir in the district and of the facilities for the development, production, and use of that underground water and determine the quantity of the underground water available for production and use and the improvements, developments, and recharges needed for those underground water reservoirs;

…

Revisor's Note

Section 5(7), Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, refers to "registered professional engineers."  The revised law substitutes "engineer" for "professional engineer" because "engineer" is the term used by Chapter 1001, Occupations Code, which regulates engineers.  The revised law also substitutes "licensed" for "registered" because Chapter 1001, Occupations Code, requires that a person hold a license to engage in the practice of engineering.

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)

Source Law

Sec. 5.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, and] may:

…

(9)  carry out research projects, develop information, and determine limitations, if any, that should be made on the withdrawal of underground water from any underground water reservoir in the district;

…

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)

Source Law

Sec. 5.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, and] may:

…

(10)  collect and preserve information regarding the use of the underground water and the practicability of recharge of any underground water reservoir in the district;

…

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 5 (part).)

Source Law

Sec. 5.  [The district may exercise the powers, rights, privileges, and functions permitted by Chapter 36, Water Code, and] may:

…

(12)  contract for, sell, and distribute water from a water import authority or other agency.

Revisor's Note

(End of Subchapter)

(1)  Sections 5(1) and (2), Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, state that the district may make and enforce rules relating to groundwater and that the district may enforce its rules in court.  The revised law omits those provisions because they duplicate parts of Sections 36.101 and 36.102, Water Code, which apply to the district under Section 8832.101 of this chapter and Section 36.001(1), Water Code.  The omitted law reads:

Sec. 5.  [The district … may:]

(1)  make and enforce rules to provide for conserving, preserving, protecting, recharging, and preventing waste of the water from the underground water reservoirs;

(2)  enforce its rules by injunction, mandatory injunction, or other appropriate remedies in a court of competent jurisdiction;

…

(2)  Section 5(6), Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, provides that the district may acquire land for certain purposes and perform certain actions necessary to recharge a groundwater reservoir.  The revised law omits the provision because it duplicates, in substance, Section 36.103(b), Water Code.  The omitted law reads:

Sec. 5.  [The district … may:]

…

(6)  acquire land for the erection of dams and for the purpose of draining lakes, draws, and depressions; construct dams, drain lakes, depressions, draws, and creeks; and install pumps and other equipment necessary to recharge any underground water reservoirs in the district;

…

(3)  Section 5(8), Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, authorizes the district to develop comprehensive plans for the most efficient use of groundwater and for the control and prevention of waste of that groundwater.  The revised law omits the provision as superseded by Section 36.1071, Water Code, which requires groundwater conservation districts to develop a comprehensive management plan with certain mandatory components.  Section 36.052(b), Water Code, added by Chapter 1010, Acts of the 75th Legislature, Regular Session, 1997, provides that certain sections of Chapter 36, including Section 36.1071, prevail over a conflicting or inconsistent provision of a special law that governs a specific district.  The omitted law reads:

Sec. 5.  [The district … may:]

…

(8)  develop comprehensive plans for the most efficient use of the underground water of any underground water reservoir in the district and for the control and prevention of waste of that underground water, with the plans to specify in the amount of detail that may be practicable the acts, procedure, performance, and avoidance that are or may be necessary to carry out those plans, including specifications;

…

(4)  Section 5(11), Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, provides that the district may publish and disseminate to certain persons plans and information and encourage the adoption and execution of the plans.  The revised law omits the provision because it duplicates, in substance, Section 36.110, Water Code.  The omitted law reads:

Sec. 5.  [The district … may:]

…

(11)  publish plans and information, bring them to the notice and attention of the users of the underground water in the district, and encourage their adoption and execution; and

…

[Sections 8832.110-8832.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Revised Law

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.  (Acts 69th Leg., R.S., Ch. 376, Sec. 7.)

Source Law

Sec. 7.  (a)  In addition to other requirements provided by law, the district shall file with the county treasurer of each county in whose jurisdiction the district is located copies of all audits, orders of the board of directors, and other documents relating to district finances.  The copies shall be filed within 60 days after the audits are completed, the orders are adopted, or the other documents are finalized.

(b)  The county treasurer shall maintain copies of all audits, orders, and other documents at his main office and shall make them available for public inspection during regular office hours.

Revisor's Note

Section 7(a), Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, provides that "In addition to other requirements provided by law," the district shall file with the county treasurer of each county in whose jurisdiction the district is located copies of certain documents.  The revised law omits the quoted language because an accepted general principle of statutory construction requires a statute to be given cumulative effect with other statutes unless the statute provides otherwise or unless the statute conflicts with another statute.  That general principle applies to the revised law.

Revisor's Note

(End of Subchapter)

Section 10, Chapter 376, Acts of the 69th Legislature, Regular Session, 1985, provides that the tax and bond provisions of Chapter 36, Water Code, apply to the district and that the district may call an election under Chapter 36, Water Code, to approve the levy and collection of an ad valorem tax to secure district bonds or a maintenance and operation tax.  The revised law omits that provision because Section 5 of the act (revised in this chapter as Section 8832.101) provides that the district may exercise the rights, powers, duties, privileges, and functions provided by Chapter 36, Water Code.  The provisions applicable to the district under Section 8832.101 include any tax and bond provisions of Chapter 36, Water Code.  The omitted law reads:

Sec. 10.  The tax and bond provisions of Chapter 36, Water Code, apply to the district.  The district may call an election under Chapter 36, Water Code, to approve the levy and collection of:

(1)  an ad valorem tax to secure bonds issued by the district; or

(2)  a maintenance and operation tax.

Revisor's Note

(End of Chapter)

Sections 1, 2, and 3, Chapter 26, Acts of the 70th Legislature, Regular Session, 1987, validate certain acts of the board.  Those provisions are omitted from the revised law because they served their purposes on the day they took effect and are executed law.  Section 311.031(a)(2), Government Code (Code Construction Act), provides that the repeal of a statute does not affect any validation previously made under the statute.  The omitted law reads:

Sec. 1.  In this Act, "district" means the Collingsworth County Underground Water Conservation District.

Sec. 2.  All resolutions, orders, and other acts or attempted acts of the board of directors of the district, including the calling and holding of the confirmation and directors' election, the canvassing of the returns, declaring the results of the election, and the organization of the board, are validated in all respects.  All resolutions, orders, acts, or attempted acts of the board of directors of the district, including the calling and holding of the confirmation and directors' election, the canvassing of the returns, declaring the results of the election, and the organization of the board, are valid as though they were originally legally authorized or accomplished.

Sec. 3.  This Act does not apply to or affect litigation now pending in any court of competent jurisdiction in this state to which the district is a party.