By Swinford H.B. No. 3849
76R13375 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the name and powers of, and the validation of certain
1-3 acts of, the North Plains Ground Water Conservation District No.
1-4 Two.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1, Chapter 498, Acts of the 54th
1-7 Legislature, Regular Session, 1955, is amended to read as follows:
1-8 Sec. 1. The creation and establishment of North Plains
1-9 Groundwater [Ground Water] Conservation District [No. Two],
1-10 composed of lands and territories situated within all or a portion
1-11 of the Texas Counties of Dallam, Hansford, Hartley, Hutchinson,
1-12 Lipscomb, Moore, Ochiltree and Sherman, the boundaries of said
1-13 District being described by metes and bounds in order canvassing
1-14 returns and declaring results of confirmation election, dated
1-15 January 27, 1955, recorded in Volume 1, Page 53, of the Ground
1-16 Water Conservation Records of Ochiltree County, Texas, and recorded
1-17 in Volume 119, Page 21 of the Deed Records of Ochiltree County,
1-18 Texas, to which reference is here made for a more complete
1-19 description, and which is incorporated herein by reference the same
1-20 as if copied herein in full, is hereby ratified, confirmed and
1-21 validated. All acts of the Board of Water Engineers of the State
1-22 of Texas in regard to the designation of Subdivision Number Two, of
1-23 the Groundwater [Underground Water] Reservoir in the Ogallala
1-24 Formation, North of the Canadian River in Texas, dated August 16,
2-1 1954, in regard to the creation and establishing of said District,
2-2 and the appointment of seven (7) [five (5)] directors, and all acts
2-3 of the Board of Directors of said District in regard to the
2-4 creation and establishment of said District and in regard to
2-5 levying and collecting ad valorem taxes by said District are in all
2-6 things ratified, confirmed and validated, and said District,
2-7 composed of the land and territory described above, is hereby
2-8 declared to have been fully and duly created and established and
2-9 authorized to collect ad valorem taxes from and after the
2-10 confirmation and tax elections held within said District on January
2-11 21, 1955.
2-12 SECTION 2. Sections 1A(b) and (c), Chapter 498, Acts of the
2-13 54th Legislature, Regular Session, 1955, are amended to read as
2-14 follows:
2-15 (b) A Directors' election shall be held on the uniform
2-16 election date in May [first Saturday in April] in each
2-17 even-numbered year to elect the appropriate number of Directors.
2-18 (c) Except as provided by this Section, a Directors'
2-19 election is held as provided by Chapter 36 [51], Water Code, and
2-20 the [Texas] Election Code.
2-21 SECTION 3. Section 2, Chapter 498, Acts of the 54th
2-22 Legislature, Regular Session, 1955, is amended to read as follows:
2-23 Sec. 2. North Plains Groundwater [Ground Water] Conservation
2-24 District [No. Two], hereinafter sometimes referred to as the
2-25 District, shall have and exercise and is hereby vested with all of
2-26 the rights, powers, privileges and duties conferred and imposed by
2-27 the general laws of this State now enforced or hereafter enacted
3-1 applicable to groundwater [underground water] conservation
3-2 districts created under authority of Article XVI, Section 59 of the
3-3 Constitution of Texas, and Chapter 36 [Chapters 51 and 52], Water
3-4 Code, to:
3-5 (1) formulate, promulgate and enforce rules and
3-6 regulations for the purpose of conserving, preserving, protecting
3-7 and recharging the [underground] water of any groundwater [the
3-8 underground water] reservoir or subdivision of a groundwater
3-9 reservoir in the district [thereof];
3-10 (2) formulate, promulgate and enforce rules and
3-11 regulations to prevent the waste, as defined in Chapter 36 [52],
3-12 Water Code, of the underground water of any groundwater [the
3-13 underground water] reservoir or subdivision of a groundwater
3-14 reservoir in the district [thereof];
3-15 (3) require permits for the drilling, equipping and
3-16 completion of wells in any groundwater [the underground water]
3-17 reservoir of a groundwater reservoir in the district and to issue
3-18 such permits subject to such terms and provisions with reference to
3-19 the drilling, equipping and completion thereof as may be necessary
3-20 to prevent waste or contamination;
3-21 (4) provide for the spacing of wells producing from
3-22 any groundwater [the underground water] reservoir or subdivision of
3-23 a groundwater reservoir in the district [thereof] and to regulate
3-24 the production therefrom so as to minimize as far as practicable
3-25 the drawdown of the water table or the reduction of the artesian
3-26 pressure; provided, however, the owner of the land, his heirs,
3-27 assigns and lessees, shall not be denied a permit to drill a well
4-1 on his land and produce groundwater [underground water] therefrom
4-2 subject to rules and regulations promulgated hereunder to prevent
4-3 waste or contamination;
4-4 (5) require records to be kept and reports to be made
4-5 of the drilling, equipping, and completion of wells into the
4-6 reservoirs or subdivisions of groundwater reservoirs [underground
4-7 water reservoir or subdivision thereof] and the taking and use of
4-8 groundwater [underground water] therefrom; to require accurate
4-9 drillers' logs to be kept of such wells and a copy thereof and of
4-10 any electric logs which may be made of such wells to be filed with
4-11 the district [and the Texas Department of Water Resources];
4-12 (6) acquire lands for the erection of dams and for the
4-13 purpose of draining lakes, draws, and depressions, and to construct
4-14 dams, drain lakes, depressions, draws, and creeks and to install
4-15 pumps and other equipment necessary to recharge any groundwater
4-16 [the underground water] reservoir or subdivision of a groundwater
4-17 reservoir in the district [thereof, but such district shall not
4-18 engage in the sale or distribution of surface or underground water
4-19 for any purpose];
4-20 (7) cause to be made by a registered professional
4-21 engineer or qualified groundwater scientist [engineers] surveys of
4-22 the underground water of all groundwater reservoirs or subdivisions
4-23 of groundwater reservoirs in the district [the underground water
4-24 reservoir or subdivision thereof] and of the facilities for the
4-25 development, production and use of such [underground] water, to
4-26 determine the quantity thereof available for production and use and
4-27 the improvements, developments, and recharges needed for such
5-1 groundwater reservoirs or subdivisions of groundwater reservoirs in
5-2 the district [underground water reservoir or subdivision thereof];
5-3 (8) develop comprehensive plans for the most efficient
5-4 use of the [underground] water of the groundwater reservoirs or
5-5 subdivisions of groundwater reservoirs in the district [underground
5-6 water reservoir or subdivision thereof] and for the control and
5-7 prevention of waste of such groundwater [underground water], which
5-8 plans shall specify in such detail as may be practicable the acts,
5-9 procedure, performance and avoidance which are or may be necessary
5-10 to effect such plans, including specifications therefor; to carry
5-11 out research projects, develop information and determine
5-12 limitations, if any, which should be made on the withdrawal of
5-13 [underground] water from the groundwater reservoirs or subdivisions
5-14 of groundwater reservoirs in the district [underground water
5-15 reservoir or subdivision thereof]; to collect and preserve
5-16 information regarding the use of such [underground] water and the
5-17 practicability of recharge of the groundwater reservoirs or
5-18 subdivisions of groundwater reservoirs in the district [underground
5-19 water subdivision thereof]; to publish such plans and information,
5-20 bring them to the notice and attention of the users of such
5-21 groundwater [underground water] within the district, and to
5-22 encourage their adoption and execution;
5-23 (9) enforce, by injunction, mandatory injunction or
5-24 other appropriate remedy, in courts of competent jurisdiction,
5-25 rules and regulations duly adopted and promulgated by such
5-26 district; provided, that no rule or regulation shall be effective
5-27 until a brief resume thereof has been published once a week for two
6-1 (2) consecutive weeks in one or more newspapers to give circulation
6-2 within the district, and such rule or regulation is to be effective
6-3 not less than fourteen (14) days after the date of the first
6-4 publication;
6-5 (10) incur all such indebtedness as may be necessary
6-6 and requisite to the achievement of the purposes for which the
6-7 district is created; to issue negotiable bonds and notes in the
6-8 name of the district for any lawful purpose of the district [for
6-9 the purposes set forth in Section 2(6) of this Act] and levy and
6-10 collect such ad valorem taxes as may be necessary for the payment
6-11 of the interest and the creation of a sinking fund for the payment
6-12 of such bonds, the issuance of such bonds and the levy and
6-13 collection of taxes to be in accordance with Chapter 36 [51], Water
6-14 Code; to levy and collect the ad valorem tax authorized at the
6-15 election held January 21, 1955, for the maintenance of such
6-16 district, its installations and activities; to hereafter order
6-17 elections for the purpose of authorizing the levy and collection of
6-18 taxes for the maintenance of the district, its installations and
6-19 activities, such elections to be ordered and held as is provided
6-20 for elections authorizing the issuance of bonds; provided that in
6-21 all bond elections and tax elections all persons may vote who are
6-22 resident [, qualified property taxpaying] voters of such district
6-23 [whose property has been duly rendered for taxation as provided in
6-24 Article VI, Section 3a, Constitution of Texas]; provided further
6-25 that the maintenance and operating [aggregate amount of] taxes [for
6-26 all purposes] may never in any one year exceed Five [Fifty] Cents
6-27 (5 ) [(50 )] on the One Hundred Dollar ($100) assessed valuation on
7-1 property in the district subject to taxation; and provided,
7-2 further, that the district may have its taxes assessed and
7-3 collected by the respective county tax assessors and collectors as
7-4 provided in Chapter 218, Page 348, Acts, Fifty-second Legislature,
7-5 Regular Session, 1951.
7-6 SECTION 4. The following acts of the North Plains Ground
7-7 Water Conservation District No. Two are validated and confirmed in
7-8 all respects as if the actions had been taken as authorized by law:
7-9 (1) all acts and governmental proceedings of the
7-10 district taken before the effective date of this Act, including
7-11 the adoption of rules, the approval or issuance of water well
7-12 drilling permits, annexations of land and land purchases, and
7-13 changes in the number and terms of the directors of the district;
7-14 (2) all bonds and other obligations of the district
7-15 authorized or issued before the effective date of this Act,
7-16 including all proceedings taken before the effective date of this
7-17 Act that are related to those bonds or other obligations; and
7-18 (3) all directors of the district whether elected or
7-19 appointed who took office before the effective date of this Act.
7-20 SECTION 5. Section 4 of this Act does not apply to any act,
7-21 proceeding, director, bond, or obligation the validity of which or
7-22 of whom is the subject of litigation that is pending on the
7-23 effective date of this Act.
7-24 SECTION 6. The importance of this legislation and the
7-25 crowded condition of the calendars in both houses create an
7-26 emergency and an imperative public necessity that the
7-27 constitutional rule requiring bills to be read on three several
8-1 days in each house be suspended, and this rule is hereby suspended,
8-2 and that this Act take effect and be in force from and after its
8-3 passage, and it is so enacted.