By Junell H.B. No. 3844 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 operation, and financing of the Lone Wolf Groundwater Conservation 1-4 District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Creation. (a) A conservation and reclamation 1-7 district, to be known as the Lone Wolf Groundwater Conservation 1-8 District, is created in Mitchell County, subject to approval at a 1-9 confirmation election under Section 8 of this Act. The district is 1-10 a governmental agency and a body politic and corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 SECTION 2. Definition. In this Act, "district" means the 1-15 Lone Wolf Groundwater Conservation District. 1-16 SECTION 3. Boundaries. The boundaries of the district are 1-17 coextensive with Mitchell County. 1-18 SECTION 4. FINDING OF BENEFIT. (a) All of the land and 1-19 other property included within the boundaries of the district will 1-20 be benefited by the works and projects that are to be accomplished 1-21 by the district under powers conferred by Section 59, Article XVI, 1-22 Texas Constitution. 1-23 (b) The district is created to serve a public use and 1-24 benefit by providing for the conservation, preservation, 2-1 protection, recharge, and prevention of waste of the underground 2-2 water reservoirs located in the district. 2-3 SECTION 5. POWERS. (a) Except as provided by Subsection 2-4 (b) of this section, the district has all of the rights, powers, 2-5 privileges, authority, functions, and duties provided by the 2-6 general law of this state, including Chapter 36, Water Code, 2-7 applicable to groundwater conservation districts created under 2-8 Section 59, Article XVI, Texas Constitution. This Act prevails 2-9 over any provision of general law that is in conflict or 2-10 inconsistent with this Act. 2-11 (b) The district may not: 2-12 (1) use the power of eminent domain to acquire 2-13 groundwater, surface water or water rights, or land to obtain those 2-14 rights; 2-15 (2) purchase, sell, transport, or distribute surface 2-16 water or groundwater for any purpose; or 2-17 (3) deny a permit for: 2-18 (A) the production of water from a well for 2-19 which the water rights were owned and that was a part of a master 2-20 water plan for the City of Colorado City on or before the date on 2-21 which the creation of the district is confirmed at an election held 2-22 under Section 8 of this Act; or 2-23 (B) the transportation of water, inside or 2-24 outside district boundaries, by the City of Colorado City, that was 2-25 part of a master plan for the city on or before the date on which 2-26 the creation of the district is confirmed at an election held under 2-27 Section 8 of this Act. 3-1 (c) The rights, powers, privileges, authority, functions, 3-2 and duties of the district are subject to the continuing right of 3-3 supervision of the state to be exercised by and through the Texas 3-4 Natural Resource Conservation Commission. 3-5 SECTION 6. BOARD OF DIRECTORS. (a) The district is 3-6 governed by a board of five directors who serve staggered four-year 3-7 terms. 3-8 (b) Initial directors serve until permanent directors are 3-9 elected under Section 8 of this Act. 3-10 (c) The directors shall elect a presiding officer from among 3-11 the directors. The presiding officer may vote only to break a tie 3-12 vote of the other members of the board. 3-13 (d) Each initial or permanent director must qualify to serve 3-14 as director in the manner provided by Section 54.025 or 54.102, 3-15 Water Code, as appropriate. 3-16 (e) To qualify for election as a director a person must own 3-17 land subject to taxation in the district. 3-18 (f) A director serves until the director's successor has 3-19 qualified. 3-20 SECTION 7. INITIAL DIRECTORS. (a) The initial board of 3-21 directors is composed of: 3-22 (1) Jim Baum; 3-23 (2) Bobby Lemons; 3-24 (3) Robert Chambers; 3-25 (4) Catarino Martinez; and 3-26 (5) David Stubblefield. 3-27 (b) If an initial director fails to qualify for office, the 4-1 initial directors who have qualified shall appoint a person to fill 4-2 the vacancy. If at any time there are fewer than three qualified 4-3 temporary directors, the Texas Natural Resource Conservation 4-4 Commission shall appoint the necessary number of persons to fill 4-5 all vacancies on the board. 4-6 SECTION 8. CONFIRMATION AND PERMANENT DIRECTORS' ELECTION. 4-7 (a) Not later than one year after the effective date of this Act, 4-8 the initial board of directors shall call an election to confirm 4-9 establishment of the district and the district's taxing authority, 4-10 to elect five permanent directors as provided by Chapter 36, Water 4-11 Code, and to submit any other propositions required by the initial 4-12 board of directors. The election shall be held not less than 60 4-13 days and not more than 90 days after the election is called. 4-14 (b) Section 41.001(a), Election Code, does not apply to a 4-15 confirmation election held as provided by this section. 4-16 (c) Only qualified voters who reside in the district may 4-17 vote in the election. 4-18 (d) Notice of the election shall be published at least twice 4-19 in a newspaper of general circulation in the district with the 4-20 first notice published before the 30th day preceding the date of 4-21 the election and the second notice published after the 30th day and 4-22 before the 10th day preceding the date of the election. 4-23 (e) Returns of the election shall be made to the initial 4-24 board of directors of the district, and the directors shall canvass 4-25 those returns and declare the results of the election. 4-26 SECTION 9. ELECTION OF DIRECTORS. On the first Saturday in 4-27 May of the second year after the year in which the confirmation 5-1 election is held, an election shall be held in the district for the 5-2 election of two directors who shall serve a two-year term and three 5-3 directors who shall serve a four-year term. Thereafter, on the 5-4 first Saturday in May in each subsequent second year, the 5-5 appropriate number of directors shall be elected to the board. 5-6 SECTION 10. ADDITIONAL POWERS AND DUTIES OF DISTRICT. (a) 5-7 Except as provided by Section 5(b) of this Act, the district, 5-8 through its board of directors, by rule may provide for 5-9 conservation, preservation, protection, recharge, and prevention of 5-10 waste of water from underground water reservoirs. The district may 5-11 enforce the rules by an injunction, mandatory injunction, or other 5-12 appropriate remedy in a court of competent jurisdiction. 5-13 (b) Except as provided by Section 5(b) of this Act, the 5-14 district may require permits for drilling, equipping, and 5-15 completion of wells in the underground water reservoirs and issue 5-16 permits subject to terms and provisions with reference to the 5-17 drilling, equipping, and completion of the wells as may be 5-18 necessary to prevent waste or conserve, preserve, and protect 5-19 underground water. 5-20 (c) Except as provided by Section 5(b) of this Act, the 5-21 district by rule may provide for the spacing of wells producing 5-22 from the underground water reservoirs and regulate the production 5-23 from those wells to minimize as far as practicable the drawdown of 5-24 the water table or the reduction of the artesian pressure. 5-25 However, the owner of the land and the owner's heirs, assigns, and 5-26 lessees may not be denied a permit to drill a well on their land or 5-27 the right to produce underground water from that well subject to 6-1 rules adopted under this Act. 6-2 (d) The district may require records to be kept and a report 6-3 to be made of the drilling, equipping, and completion of a well 6-4 into an underground water reservoir and the taking and use of 6-5 underground water from the reservoir. The district may require 6-6 accurate driller's logs to be kept of those wells and require that 6-7 a copy of those logs and of any electric logs made of the wells be 6-8 filed with the district. 6-9 (e) The district may have a survey made by a registered 6-10 professional engineer of the underground water of any underground 6-11 water reservoir or of the facilities for the development, 6-12 production, and use of that underground water so that the district 6-13 may determine the quantity of the underground water available for 6-14 production and use over a 50-year planning period and the 6-15 improvements, developments, and recharges needed for the 6-16 underground water reservoir. 6-17 (f) The district shall develop biennial comprehensive plans 6-18 for the most efficient use of the underground water of any 6-19 underground water reservoir and for the control and prevention of 6-20 waste of that underground water for a 50-year planning horizon. 6-21 The plans may be as detailed as practicable in specifying the acts, 6-22 procedure, performance, and avoidance necessary to effect those 6-23 plans. 6-24 (g) The district may conduct research projects, develop 6-25 information, and determine any limitations that should be made on 6-26 the withdrawal of underground water from an underground water 6-27 reservoir. 7-1 (h) The district may collect and preserve information 7-2 regarding the use of the underground water and the practicability 7-3 of recharge of an underground water reservoir. 7-4 (i) The district may publish plans and information, bring 7-5 them to the attention of underground water users in the district, 7-6 and encourage their adoption and execution. 7-7 (j) Additional territory may be added to the district as 7-8 provided by Subchapter J, Chapter 36, Water Code. 7-9 SECTION 11. TAX AND BOND PROVISIONS. (a) The bond 7-10 provisions of Chapter 36, Water Code, apply to the district. 7-11 (b) The district may not levy or collect taxes on property 7-12 in the district at a rate greater than five cents on the $100 7-13 assessed valuation. The district may use tax revenues only to pay 7-14 for the maintenance and operation of the district. 7-15 SECTION 12. DISSOLUTION OF DISTRICT. Chapter 36, Water 7-16 Code, applies to dissolution of the district. 7-17 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 7-18 (a) The proper and legal notice of the intention to introduce this 7-19 Act, setting forth the general substance of this Act, has been 7-20 published as provided by law, and the notice and a copy of this Act 7-21 have been furnished to all persons, agencies, officials, or 7-22 entities to which they are required to be furnished by the 7-23 constitution and other laws of this state, including the governor, 7-24 who has submitted the notice and Act to the Texas Natural Resource 7-25 Conservation Commission. 7-26 (b) The Texas Natural Resource Conservation Commission has 7-27 filed its recommendations relating to this Act with the governor, 8-1 lieutenant governor, and speaker of the house of representatives 8-2 within the required time. 8-3 (c) All requirements of the constitution and laws of this 8-4 state and the rules and procedures of the legislature with respect 8-5 to the notice, introduction, and passage of this Act are fulfilled 8-6 and accomplished. 8-7 SECTION 14. Emergency. The importance of this legislation 8-8 and the crowded condition of the calendars in both houses create an 8-9 emergency and an imperative public necessity that the 8-10 constitutional rule requiring bills to be read on three several 8-11 days in each house be suspended, and this rule is hereby suspended, 8-12 and that this Act take effect and be in force from and after its 8-13 passage, and it is so enacted.