By Junell H.B. No. 3844
76R13756 MI-F
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 Mitchell County Groundwater
1-4 Conservation 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 Mitchell County Groundwater
1-8 Conservation District, is created in Mitchell County, subject to
1-9 approval at a confirmation election under Section 8 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. Definition. In this Act, "district" means the
1-16 Mitchell County Groundwater Conservation District.
1-17 SECTION 3. Boundaries. The boundaries of the district are
1-18 coextensive with Mitchell County.
1-19 SECTION 4. FINDING OF BENEFIT. (a) All of the land and
1-20 other property included within the boundaries of the district will
1-21 be benefited by the works and projects that are to be accomplished
1-22 by the district under powers conferred by Section 59, Article XVI,
1-23 Texas Constitution.
1-24 (b) The district is created to serve a public use and
2-1 benefit by providing for the conservation, preservation,
2-2 protection, recharge, and prevention of waste of the underground
2-3 water reservoirs located in the district.
2-4 SECTION 5. POWERS. (a) Except as provided by Subsection
2-5 (b), the district has all of the rights, powers, privileges,
2-6 authority, functions, and duties provided by the general law of
2-7 this state, including Chapter 36, Water Code, applicable to
2-8 groundwater conservation districts created under Section 59,
2-9 Article XVI, Texas Constitution. This Act prevails over any
2-10 provision of general law that is in conflict or inconsistent with
2-11 this Act.
2-12 (b) The district may not:
2-13 (1) use the power of eminent domain to acquire
2-14 groundwater, surface water or water rights, or land to obtain those
2-15 rights;
2-16 (2) purchase, sell, transport, or distribute surface
2-17 water or groundwater for any purpose; or
2-18 (3) deny a permit for:
2-19 (A) the production of water from a well for
2-20 which the water rights were owned and that was a part of a master
2-21 water plan for the City of Colorado City on or before the date on
2-22 which the creation of the district is confirmed at an election held
2-23 under Section 8; or
2-24 (B) the transportation of water, inside or
2-25 outside district boundaries, by the City of Colorado City, that was
2-26 part of a master plan for the city on or before the date on which
2-27 the creation of the district is confirmed at an election held under
3-1 Section 8.
3-2 (c) The rights, powers, privileges, authority, functions,
3-3 and duties of the district are subject to the continuing right of
3-4 supervision of the state to be exercised by and through the Texas
3-5 Natural Resource Conservation Commission.
3-6 SECTION 6. BOARD OF DIRECTORS. (a) The district is
3-7 governed by a board of five directors who serve staggered four-year
3-8 terms.
3-9 (b) Initial directors serve until permanent directors are
3-10 elected under Section 8.
3-11 (c) The directors shall elect a presiding officer from among
3-12 the directors. The presiding officer may vote only to break a tie
3-13 vote of the other members of the board.
3-14 (d) Each initial or permanent director must qualify to serve
3-15 as director in the manner provided by Sections 54.025 and 54.102,
3-16 Water Code, as appropriate.
3-17 (e) To qualify for election as a director a person must own
3-18 land subject to taxation in the district.
3-19 (f) A director serves until the director's successor has
3-20 qualified.
3-21 SECTION 7. INITIAL DIRECTORS. (a) The initial board of
3-22 directors is composed of:
3-23 (1) Jim Baum;
3-24 (2) Bobby Lemons;
3-25 (3) Robert Chambers;
3-26 (4) Catarino Martinez; and
3-27 (5) David Stubblefield.
4-1 (b) If an initial director fails to qualify for office, the
4-2 initial directors who have qualified shall appoint a person to fill
4-3 the vacancy. If at any time there are fewer than three qualified
4-4 temporary directors, the Texas Natural Resource Conservation
4-5 Commission shall appoint the necessary number of persons to fill
4-6 all vacancies on the board.
4-7 SECTION 8. CONFIRMATION AND PERMANENT DIRECTORS' ELECTION.
4-8 (a) Not later than one year after the effective date of this Act,
4-9 the initial board of directors shall call an election to confirm
4-10 establishment of the district and the district's taxing authority,
4-11 to elect five permanent directors as provided by Chapter 36, Water
4-12 Code, and to submit any other propositions required by the initial
4-13 board of directors. The election shall be held not less than 60
4-14 days and not more than 90 days after the election is called.
4-15 (b) Section 41.001(a), Election Code, does not apply to a
4-16 confirmation election held as provided by this section.
4-17 (c) Only qualified voters who reside in the district may
4-18 vote in the election.
4-19 (d) Notice of the election shall be published at least twice
4-20 in a newspaper of general circulation in the district with the
4-21 first notice published before the 30th day preceding the date of
4-22 the election and the second notice published after the 30th day and
4-23 before the 10th day preceding the date of the election.
4-24 (e) Returns of the election shall be made to the initial
4-25 board of directors of the district, and the directors shall canvass
4-26 those returns and declare the results of the election.
4-27 SECTION 9. ELECTION OF DIRECTORS. On the first Saturday in
5-1 May of the second year after the year in which the confirmation
5-2 election is held, an election shall be held in the district for the
5-3 election of two directors who shall serve a two-year term and three
5-4 directors who shall serve a four-year term. Thereafter, on the
5-5 first Saturday in May in each subsequent second year, the
5-6 appropriate number of directors shall be elected to the board.
5-7 SECTION 10. ADDITIONAL POWERS AND DUTIES OF DISTRICT. (a)
5-8 Except as provided by Section 5(b), the district, through its board
5-9 of directors, by rule may provide for conservation, preservation,
5-10 protection, recharge, and prevention of waste of water from
5-11 underground water reservoirs. The district may enforce the rules
5-12 by an injunction, mandatory injunction, or other appropriate remedy
5-13 in a court of competent jurisdiction.
5-14 (b) Except as provided by Section 5(b), the district may
5-15 require permits for drilling, equipping, and completion of wells in
5-16 the underground water reservoirs and issue permits subject to terms
5-17 and provisions with reference to the drilling, equipping, and
5-18 completion of the wells as may be necessary to prevent waste or
5-19 conserve, preserve, and protect underground water.
5-20 (c) Except as provided by Section 5(b), the district by rule
5-21 may provide for the spacing of wells producing from the underground
5-22 water reservoirs and regulate the production from those wells to
5-23 minimize as far as practicable the drawdown of the water table or
5-24 the reduction of the artesian pressure. However, the owner of the
5-25 land and the owner's heirs, assigns, and lessees may not be denied
5-26 a permit to drill a well on their land or the right to produce
5-27 underground water from that well subject to rules adopted under
6-1 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.