81C39(5) JD

 

CHAPTER 8825.  BLUEBONNET GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8825.001.  DEFINITIONS ...............................  2

Sec. 8825.002.  NATURE OF DISTRICT ........................  2

Sec. 8825.003.  FINDINGS OF PUBLIC USE AND BENEFIT ........  3

Sec. 8825.004.  DISTRICT TERRITORY ........................  3

[Sections 8825.005-8825.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8825.051.  COMPOSITION OF BOARD ......................  6

Sec. 8825.052.  TERMS .....................................  7

Sec. 8825.053.  APPOINTMENT OF DIRECTORS ..................  8

Sec. 8825.054.  BOARD VACANCY ............................. 10

Sec. 8825.055.  COMPENSATION; EXPENSES .................... 11

Sec. 8825.056.  VOTE REQUIRED FOR BOARD ACTION ............ 11

[Sections 8825.057-8825.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8825.101.  GROUNDWATER CONSERVATION DISTRICT

                  POWERS AND DUTIES ....................... 12

Sec. 8825.102.  LIMITATIONS ON DISTRICT POWERS ............ 12

Sec. 8825.103.  REGISTRATION, EQUIPMENT, AND

                  MAINTENANCE OF EXEMPTED WELLS;

                  APPLICABILITY OF FEES ................... 13

Sec. 8825.104.  CERTAIN PERMIT DENIALS PROHIBITED ......... 14

Sec. 8825.105.  PERMIT FEES ............................... 15

Sec. 8825.106.  ADDITIONAL FEE; SURCHARGE ................. 15

Sec. 8825.107.  ANNUAL ASSESSMENT AND USE OF FEES ......... 16

Sec. 8825.108.  MITIGATION ASSISTANCE ..................... 16

Sec. 8825.109.  COORDINATION WITH OTHER ENTITIES .......... 16

CHAPTER 8825.  BLUEBONNET GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8825.001.  DEFINITIONS.  In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Bluebonnet Groundwater Conservation District.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 2; New.)

Source Law

Sec. 2.  In this Act, "district" means the Bluebonnet Groundwater 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. 8825.002.  NATURE OF DISTRICT.  (a)  The district is a groundwater conservation district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

(b)  The purpose of this chapter is to create a locally controlled district to:

(1)  protect and recharge groundwater;

(2)  prevent pollution or waste of groundwater;

(3)  control subsidence caused by withdrawal of water from the groundwater reservoirs in the area; and

(4)  regulate the transport of water out of the district.  (Acts 77th Leg., R.S., Ch. 1361, Secs. 1(a) (part), (b), (c).)

Source Law

Sec. 1.  (a)  A groundwater conservation district, to be known as the Bluebonnet Groundwater Conservation District, … .

(b)  The district is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

(c)  The purpose of this Act is to create a locally controlled groundwater district in order to protect and recharge groundwater, to prevent pollution or waste of groundwater, to control subsidence caused by withdrawal of water from the groundwater reservoirs in the area, and to regulate the transport of water out of the boundaries of the district.

Revisor's Note

Section 1(a), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, provides that the district is a governmental agency and a body politic and corporate.  The revised law omits the provision 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.  The omitted law reads:

(a)  … The district is a governmental agency and a body politic and corporate.

Revised Law

Sec. 8825.003.  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.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 4.)

Source Law

Sec. 4.  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 Section 59, Article XVI, Texas Constitution.  The district is created to serve a public use and benefit.

Revised Law

Sec. 8825.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Austin, Grimes, Walker, and Waller Counties, unless the district's territory has been modified under:

(1)  Subchapter J, Chapter 36, Water Code; or

(2)  other law.  (Acts 77th Leg., R.S., Ch. 1361, Secs. 1(a) (part), 3; New.)

Source Law

Sec. 1.  (a)  . . .  [the Bluebonnet Groundwater Conservation District,] is created in Grimes, Washington, Waller, Austin, and Walker counties, subject to approval at a confirmation election under Section 15 of this Act. . . .

Sec. 3.  The boundaries of the district are coextensive with the boundaries of Grimes, Washington, Waller, Austin, and Walker counties.

Revisor's Note

(1)  Section 1(a), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, provides that the district is created in Grimes, Washington, Waller, Austin, and Walker Counties, subject to approval at a confirmation election under Section 15 of that chapter. Section 3 of Chapter 1361 provides that the district's boundaries are coextensive with the boundaries of Grimes, Washington, Waller, Austin, and Walker Counties.  In November 2002, the district was confirmed at an election by the voters of Austin, Grimes, and Walker Counties but was not confirmed by the voters of Waller or Washington County.  Under Section 15(c) of Chapter 1361, any county that did not confirm the district's creation is excluded from the district.  However, in July 2007, after receipt of a petition from the Waller County Commissioners Court requesting the inclusion of Waller County in the district, the board of directors of the district by resolution ordered that Waller County be added to the district, subject to ratification by a majority vote of the voters of Waller County.  In November 2007, a special election was held for that purpose in Waller County at which a majority of the votes cast favored inclusion of Waller County in the district. The revised law omits the reference in Section 1(a) of Chapter 1361 to the confirmation election as executed and omits the references in Sections 1(a) and 3 of that chapter to Washington County to reflect the outcome of the confirmation election in that county.

(2)  The revision of the law governing the district revises the statutory language describing the territory of the district, subject to Revisor's Note (1) to this section.  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 Subchapter J, Chapter 36, Water Code, applicable to groundwater conservation districts, and to the general authority of the legislature to enact other laws to change the district's territory.

Revisor's Note

(End of Subchapter)

(1)  Section 5(a), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, provides that the act prevails over general law, including Chapter 36, Water Code, in case of a conflict or other inconsistency.  The revised law omits that provision because it duplicates Section 311.026, Government Code (Code Construction Act), and part of Section 36.052(a), Water Code, which provides that a "special law governing a specific district" prevails over Chapter 36.  The omitted law reads:

(a)  … This Act prevails over any provision of general law, including Chapter 36, Water Code, that is in conflict or is inconsistent with this Act.

(2)  Section 15, Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, provides procedures for holding an election in each county to be included in the district to confirm the district's creation.  Because the district has been confirmed, the revised law omits those provisions as executed.  The omitted law reads:

Sec. 15.  (a)  The initial board of directors shall call and hold, on the same date in each county to be included in the district, an election to confirm the creation of the district.

(b)  Except as provided by this section, a confirmation election must be conducted as provided by Sections 36.017, 36.018, and 36.019, Water Code, and Section 41.001, Election Code.

(c)  If the majority of qualified voters in a county who vote in the election vote to confirm the creation of the district, that county is included in the district. If the majority of qualified voters in a county who vote in the election vote not to confirm the creation of the district, that county is excluded from the district.

(d)  If the creation of the district is not confirmed by an election held under this section before the second anniversary of the effective date of this Act, the district is dissolved and this Act expires on that date.

[Sections 8825.005-8825.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8825.051.  COMPOSITION OF BOARD.  The district is governed by a board of not fewer than 8 or more than 20 directors appointed as provided by Section 8825.053.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 12(a).)

Source Law

Sec. 12.  (a)  The district is governed by a board of directors of not fewer than 8 or more than 20 directors, appointed as provided by Section 13 of this Act.

Revisor's Note

Section 12(d), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, provides that a director must qualify to serve in the manner provided by Section 36.055, Water Code.  The revised law omits the provision because Section 36.055, Water Code, applies to the district under Section 8825.101 of this chapter and Section 36.001(1), Water Code.  The omitted law reads:

(d)  Each director must qualify to serve as a director in the manner provided by Section 36.055, Water Code.

Revised Law

Sec. 8825.052.  TERMS.  (a)  Directors serve staggered four-year terms.

(b)  A director may serve consecutive terms.  (Acts 77th Leg., R.S., Ch. 1361, Secs. 12(c), (f).)

Source Law

(c)  Permanent directors serve four-year staggered terms.

(f)  A director may serve consecutive terms.

Revisor's Note

(1)  Section 12(c), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, refers to "[p]ermanent" directors.  Sections 12 and 13 of Chapter 1361 refer to "initial" and "permanent" directors to distinguish between the "initial" directors appointed by the appropriate commissioners courts and subsequently serving directors.  Because the revised law omits provisions regarding "initial" directors as executed (see Revisor's Notes (1) and (2) at the end of this subchapter), the revised law also omits "permanent" because it does not contribute to the clear meaning of the law.

(2)  Section 12(e), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, provides that a director serves until a successor has qualified.  The revised law omits the provision because it duplicates Section 17, Article XVI, Texas Constitution, which provides that an officer in this state continues to perform the officer's official duties until a successor has qualified.  The omitted law reads:

(e)  A director serves until the director's successor has qualified.

Revised Law

Sec. 8825.053.  APPOINTMENT OF DIRECTORS.  (a)  The commissioners courts of the counties in the district, if the district has two to five counties, shall each appoint four directors, of whom:

(1)  one must represent municipal interests;

(2)  one must represent agricultural interests;

(3)  one must represent industrial interests; and

(4)  one must represent rural water suppliers' interests.

(b)  If the district consists of one county, the commissioners court of that county shall appoint eight directors, of whom:

(1)  two must represent municipal interests;

(2)  two must represent agricultural interests;

(3)  two must represent industrial interests; and

(4)  two must represent rural water suppliers' interests.

(c)  Every two years after the date on which all initial directors qualified as required by Section 36.055, Water Code, the appropriate commissioners courts shall each appoint the appropriate number of directors.  (Acts 77th Leg., R.S., Ch. 1361, Secs. 13(a), (b), (d) (part).)

Source Law

Sec. 13.  (a)  The commissioners courts of the counties within the district, if the district has two to five counties, shall each appoint four directors, of whom:

(1)  one must represent municipal interests;

(2)  one must represent agricultural interests;

(3)  one must represent industrial interests; and

(4)  one must represent rural water suppliers' interests.

(b)  If the district consists of one county, the commissioners court of that county shall appoint eight directors, of whom:

(1)  two must represent municipal interests;

(2)  two must represent agricultural interests;

(3)  two must represent industrial interests; and

(4)  two must represent rural water suppliers' interests.

(d)  … On the second anniversary of the date on which all initial directors have qualified as required by Section 12 of this Act and every two years after that date, the appropriate commissioners courts shall appoint the appropriate number of permanent directors.

Revisor's Note

(1)  Sections 13(c) and (d), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, provide for the appointment and terms of office of the initial directors.  The revised law omits those provisions as executed.  The omitted law reads:

(c)  The commissioners courts of the counties within the district shall each appoint the appropriate number of initial directors as soon as practicable following the effective date of this Act, but not later than the 90th day after the effective date of this Act.

(d)  The initial directors shall draw lots to determine their terms.  Half of the initial directors serve terms that expire on the second anniversary of the date on which all initial directors have qualified as required by Section 12 of this Act, and half of the initial directors serve terms that expire on the fourth anniversary of the date on which all initial directors have qualified as required by Section 12 of this Act… .

(2)  Section 13(d), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, provides for the appointment of "permanent" directors "[o]n the second anniversary of the date on which all initial directors have qualified as required by Section 12 of this Act and every two years after that date."  The revised law omits the reference to "permanent" directors for the reason stated in Revisor's Note (1) to Section 8825.052 and omits as executed the language referring to the first appointment of "permanent" directors on the second anniversary of the date on which the initial directors qualified.

The revised law also substitutes a reference to Section 36.055, Water Code, for the reference to Section 12 of Chapter 1361.  Section 12(d) requires a director to comply with Section 36.055, Water Code.  (See the revisor's note to Section 8825.051.)  Throughout this chapter, the revised law omits law that duplicates law contained in Chapter 36, Water Code, which applies to the district under Section 8825.101 of this chapter and Section 36.001(1), Water Code.

Revised Law

Sec. 8825.054.  BOARD VACANCY.  (a)  If there is a vacancy on the board, the commissioners court that appointed the director who vacated the office shall appoint a director to serve the remainder of the term.

(b)  In making the appointment, the commissioners court shall appoint a director to represent the interest of the director who vacated the office.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 12(g).)

Source Law

(g)  If there is a vacancy on the board, the governing body of the entity that appointed the director who vacated the office shall appoint a director to serve the remainder of the term.  In making this appointment, the governing body shall appoint a director to represent the interest of the director who has vacated the office.

Revisor's Note

Section 12(g), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, refers to the "governing body of the entity" that appointed the vacating director.  The revised law substitutes "commissioners court" for the quoted language because the commissioners court is the governing body that appoints all directors.

Revised Law

Sec. 8825.055.  COMPENSATION; EXPENSES.  (a)  A director is not entitled to receive compensation for serving as a director.

(b)  A director may be reimbursed for actual reasonable expenses incurred in discharging official duties.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 12(h).)

Source Law

(h)  Directors are not entitled to receive compensation for serving as a director but may be reimbursed for actual, reasonable expenses incurred in the discharge of official duties.

Revised Law

Sec. 8825.056.  VOTE REQUIRED FOR BOARD ACTION.  A majority vote of a quorum of the board is required for board action.  If there is a tie vote, the proposed action fails.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 12(i).)

Source Law

(i)  A majority vote of a quorum is required for board action.  If there is a tie vote, the proposed action fails.

Revisor's Note

(End of Subchapter)

(1)  Section 12(b), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, requires initial directors to serve until permanent directors are appointed.  Because the terms of the initial directors have expired, the revised law omits Section 12(b) as executed.  The omitted law reads:

(b)  Initial directors serve until permanent directors are appointed under Section 13 of this Act and qualified as required by Subsection (d) of this section.

(2)  Section 14, Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, requires an organizational meeting of the initial directors.  The revised law omits Section 14 of that chapter as executed.  The omitted law reads:

Sec. 14.  As soon as practicable after all the initial directors have been appointed and have qualified as provided in this Act, a majority of the directors shall convene the organizational meeting of the district at a location within the district agreeable to a majority of the directors.  If no location can be agreed on, the organizational meeting of the directors shall be at the Washington County Courthouse.

[Sections 8825.057-8825.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8825.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as otherwise provided by this chapter, 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.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 5(a) (part).)

Source Law

Sec. 5.  (a)  Except as otherwise provided by this Act, the district has all the rights, powers, privileges, authority, 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… .

Revisor's Note

Section 5(a), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, refers to the "rights, powers, privileges, [and] authority" of the district.  The revised law omits "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

Revised Law

Sec. 8825.102.  LIMITATIONS ON DISTRICT POWERS.  The district does not have the authority granted by:

(1)  Section 36.105, Water Code, relating to eminent domain; and

(2)  Sections 36.020 and 36.201-36.204, Water Code, relating to taxes.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 5(b).)

Source Law

(b)  The district does not have the authority granted by the following provisions of Chapter 36, Water Code:

(1)  Section 36.105, relating to eminent domain; and

(2)  Sections 36.020 and 36.201-36.204, relating to taxes.

Revised Law

Sec. 8825.103.  REGISTRATION, EQUIPMENT, AND MAINTENANCE OF EXEMPTED WELLS; APPLICABILITY OF FEES.  (a)  A well exempted under Section 36.117(a) or (b), Water Code, may be:

(1)  registered in accordance with rules adopted by the district; and

(2)  equipped and maintained in accordance with Section 36.117(h)(2), Water Code.

(b)  The district may require the driller of a well exempted as provided by Subsection (a) to file the drilling log with the district.

(c)  Groundwater withdrawn from an exempted well and subsequently transported outside the boundaries of the district is subject to all applicable production and export fees imposed under Sections 8825.105 and 8825.106.  (Acts 77th Leg., R.S., Ch. 1361, Secs. 7(i) (part), (j), (l).)

Source Law

(i)  A water well exempted under Subsection (a) or (b) of this section may:

(1)  be registered in accordance with rules adopted by the district; and

(2)  be equipped and maintained … .

(j)  The district may require the driller of a well exempted under Subsection (a) or (b) of this section to file the drilling log with the district.

(l)  Groundwater withdrawn from a well exempt from permitting or regulation under this section and subsequently transported outside the boundaries of the district is subject to any applicable production and export fees under Section 6 of this Act.

Revisor's Note

(1)  Section 7(i), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, refers to a water well exempted under "Subsection (a) or (b) of this section."  The revised law substitutes a reference to "Section 36.117(a) or (b), Water Code," for the quoted language because Subsections (a) and (b) of Section 7 duplicate Sections 36.117(a) and (b), Water Code.  (See Revisor's Note (1) at the end of this subchapter.)

(2)  Section 7(i)(2), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, provides that an exempted water well may be equipped and maintained in a specific manner.  The revised law substitutes "equipped and maintained in accordance with Section 36.117(h)(2), Water Code," for the provision because the specific manner described by Section 7(i)(2) duplicates Section 36.117(h)(2), Water Code.  The omitted law reads:

[(i)  A water well exempted under Subsection (a) or (b) of this section may:

…

(2)  be equipped and maintained] so as to conform to the district's rules requiring installation of casing, pipe, and fittings to prevent the escape of groundwater from a groundwater reservoir to any reservoir not containing groundwater and to prevent the pollution or harmful alteration of the character of the water in any groundwater reservoir.

Revised Law

Sec. 8825.104.  CERTAIN PERMIT DENIALS PROHIBITED.  The district may not deny the owner of a tract of land, or the owner's lessee, who does not have a well equipped to produce more than 25,000 gallons each day on the tract, either a permit to drill a well on the tract or the privilege to produce groundwater from the tract, subject to any rules of the district.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 7(c).)

Source Law

(c)  The district may not deny the owner of a tract of land, or the owner's lessee, who does not have a well equipped to produce more than 25,000 gallons a day on the tract, either a permit to drill a well on the owner's land or the privilege to produce groundwater from the owner's land, subject to the rules of the district.

Revised Law

Sec. 8825.105.  PERMIT FEES.  (a)  The board by rule may impose a reasonable fee on each well that is not exempt from regulation by the district and for which a permit is issued by the district.

(b)  The fee may be based on:

(1)  the size of column pipe used by the well; or

(2)  the actual, authorized, or anticipated amount of water to be withdrawn from the well.

(c)  The fee may not exceed:

(1)  $1 for each acre-foot payable annually for water used for agricultural use; or

(2)  17 cents for each thousand gallons for water used for any other purpose.  (Acts 77th Leg., R.S., Ch. 1361, Secs. 6(a), (b).)

Source Law

Sec. 6.  (a)  The board of directors of the district by rule may impose reasonable fees on each well for which a permit is issued by the district and which is not exempt from regulation by the district.  A fee may be based on the size of column pipe used by the well or on the actual, authorized, or anticipated amount of water to be withdrawn from the well.

(b)  Fees may not exceed:

(1)  $1 per acre-foot payable annually for water used for agricultural use; or

(2)  17 cents per thousand gallons for water used for any other purpose.

Revised Law

Sec. 8825.106.  ADDITIONAL FEE; SURCHARGE.  In addition to a fee imposed under Section 8825.105, the district may impose a reasonable fee or surcharge for an export fee using one of the following methods:

(1)  a fee negotiated between the district and the transporter; or

(2)  a combined production and export fee not to exceed 17 cents for each thousand gallons for water used.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 6(c).)

Source Law

(c)  In addition to the fee authorized under Subsection (a) of this section, the district may impose a reasonable fee or surcharge for an export fee using one of the following methods:

(1)  a fee negotiated between the district and the transporter; or

(2)  a combined production and export fee not to exceed 17 cents per thousand gallons for water used.

Revised Law

Sec. 8825.107.  ANNUAL ASSESSMENT AND USE OF FEES.  A fee imposed under Section 8825.105 or 8825.106 may be:

(1)  assessed annually; and

(2)  used to fund the costs of district operations.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 6(d).)

Source Law

(d)  Fees authorized by this section may be assessed annually and may be used to fund the cost of district operations.

Revised Law

Sec. 8825.108.  MITIGATION ASSISTANCE.  In addition to the authority granted by Chapter 36, Water Code, the district may assist in the mediation between landowners regarding the mitigation of a loss of existing groundwater supply of exempt domestic and livestock users due to the groundwater pumping of others.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 8.)

Source Law

Sec. 8.  In addition to the authority granted under Chapter 36, Water Code, the district may assist in the mediation between landowners regarding the mitigation of the loss of existing groundwater supply of exempt domestic and livestock users due to the groundwater pumping of others.

Revised Law

Sec. 8825.109.  COORDINATION WITH OTHER ENTITIES.  The district may:

(1)  coordinate activities with the Central Carrizo-Wilcox Coordinating Council and appoint a nonvoting representative to the Central Carrizo-Wilcox Coordinating Council; and

(2)  coordinate activities with the Harris-Galveston Coastal Subsidence District or other groundwater conservation districts to manage portions of the Gulf Coast Aquifer.  (Acts 77th Leg., R.S., Ch. 1361, Sec. 11.)

Source Law

Sec. 11.  (a)  The district may coordinate activities with the Central Carrizo-Wilcox Coordinating Council and may appoint a nonvoting representative to the Central Carrizo-Wilcox Coordinating Council.

(b)  The district may coordinate activities with the Harris-Galveston Coastal Subsidence District or with other groundwater conservation districts to manage portions of the Gulf Coast Aquifer.

Revisor's Note

(End of Subchapter)

(1)  Sections 7(a), (b), (d), (e), (f), (g), (h), (k), and (m), Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, authorize certain exemptions from and exceptions to the requirement of a permit and include certain limitations on the authority of the district in connection with permits.  The revised law omits those provisions because they duplicate similar provisions in Section 36.117, Water Code.  The omitted law reads:

Sec. 7.  (a)  The district may exempt wells under Section 36.117, Water Code, from the requirements to obtain a drilling permit, an operating permit, or any other permit required by Chapter 36, Water Code, or the district's rules.

(b)  The district may not require a permit for:

(1)  a well used solely for domestic use or for providing water for livestock or poultry on a tract of land larger than 10 acres that is either drilled, completed, or equipped so that it is incapable of producing more than 25,000 gallons of groundwater a day;

(2)  the drilling of a water well used solely to supply water for a rig that is actively engaged in drilling or exploration operations for an oil or gas well permitted by the Railroad Commission of Texas, provided that the person holding the permit is responsible for drilling and operating the water well and the well is located on the same lease or field associated with the drilling rig; or

(3)  the drilling of a water well authorized under a permit issued by the Railroad Commission of Texas under Chapter 134, Natural Resources Code, or for production from any such well to the extent the withdrawals are required for mining activities regardless of any subsequent use of the water.

(d)  The district may not restrict the production of any well that is exempt from permitting under Subsection (b)(1) of this section.

(e)  Notwithstanding Subsection (b) of this section, the district may require a well to be permitted by the district and to comply with all district rules if:

(1)  the purpose of a well exempted under Subsection (b)(2) of this section is no longer solely to supply water for a rig that is actively engaged in drilling or exploration operations for an oil or gas well permitted by the Railroad Commission of Texas; or

(2)  the withdrawals from a well exempted under Subsection (b)(3) of this section are no longer necessary for mining activities or are greater than the amount necessary for mining activities specified in the permit issued by the Railroad Commission of Texas under Chapter 134, Natural Resources Code.

(f)  An entity holding a permit issued by the Railroad Commission of Texas under Chapter 134, Natural Resources Code, that authorizes the drilling of a water well shall report monthly to the district:

(1)  the total amount of water withdrawn during the month;

(2)  the quantity of water necessary for mining activities; and

(3)  the quantity of water withdrawn for other purposes.

(g)  Notwithstanding Subsection (e) of this section, the district may not require a well exempted under Subsection (b)(3) of this section to comply with the spacing requirements of the district.

(h)  The district may not deny an application for a permit to drill and produce water for hydrocarbon production activities if the application meets the spacing, density, and production rules applicable to all permitted water wells in the district.

(k)  A well to supply water for a subdivision of land for which a plat approval is required by Chapter 232, Local Government Code, is not exempted under Subsection (b) of this section.

(m)  This section applies to water wells, including water wells used to supply water for activities related to the exploration or production of hydrocarbons or minerals.  This section does not apply to production or injection wells drilled for oil, gas, sulphur, uranium, or brine, for core tests, or for injection of gas, saltwater, or other fluids, under permits issued by the Railroad Commission of Texas.

(2)  Section 9, Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, requires the district to develop or contract for the development of the management plan required by Section 36.1071, Water Code.  The revised law omits Section 9 because it duplicates Section 36.1071, Water Code.  The omitted law reads:

Sec. 9.  The district shall develop or contract to develop its own management plan under Section 36.1071, Water Code.

(3)  Section 10, Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, requires the district to consider certain factors in issuing a permit for a well.  The revised law omits Section 10 because it duplicates Section 36.113(d), Water Code.  The omitted law reads:

Sec. 10.  The district shall issue permits for wells based on the consideration of whether:

(1)  the application conforms to the requirements prescribed by Chapter 36, Water Code, and is accompanied by the prescribed fees;

(2)  the proposed use of water unreasonably affects existing groundwater and surface water resources or existing permit holders;

(3)  the proposed use of water is dedicated to any beneficial use;

(4)  the proposed use of water is consistent with the district's certified water management plan;

(5)  the applicant has agreed to avoid waste and achieve water conservation; and

(6)  the applicant has agreed that reasonable diligence will be used to protect groundwater quality and that the applicant will follow well plugging guidelines at the time of well closure.

Revisor's Note

(End of Chapter)

Section 16, Chapter 1361, Acts of the 77th Legislature, Regular Session, 2001, recites legislative findings regarding procedural requirements for the creation of the district under the constitution and other laws and rules, including proper legal notice and the filing of recommendations.  The revised law omits these provisions as executed.  The omitted law reads:

Sec. 16.  (a)  The proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.

(b)  The Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(c)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.