1-1 By: Swinford (Senate Sponsor - Bivins) H.B. No. 3849
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the name and powers of, and the validation of certain
1-9 acts of, the North Plains Ground Water Conservation District No.
1-10 Two.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 1, Chapter 498, Acts of the 54th
1-13 Legislature, Regular Session, 1955, is amended to read as follows:
1-14 Sec. 1. The creation and establishment of North Plains
1-15 Groundwater [Ground Water] Conservation District [No. Two],
1-16 composed of lands and territories situated within all or a portion
1-17 of the Texas Counties of Dallam, Hansford, Hartley, Hutchinson,
1-18 Lipscomb, Moore, Ochiltree and Sherman, the boundaries of said
1-19 District being described by metes and bounds in order canvassing
1-20 returns and declaring results of confirmation election, dated
1-21 January 27, 1955, recorded in Volume 1, Page 53, of the Ground
1-22 Water Conservation Records of Ochiltree County, Texas, and recorded
1-23 in Volume 119, Page 21 of the Deed Records of Ochiltree County,
1-24 Texas, to which reference is here made for a more complete
1-25 description, and which is incorporated herein by reference the same
1-26 as if copied herein in full, is hereby ratified, confirmed and
1-27 validated. All acts of the Board of Water Engineers of the State
1-28 of Texas in regard to the designation of Subdivision Number Two, of
1-29 the Groundwater [Underground Water] Reservoir in the Ogallala
1-30 Formation, North of the Canadian River in Texas, dated August 16,
1-31 1954, in regard to the creation and establishing of said District,
1-32 and the appointment of seven (7) [five (5)] directors, and all acts
1-33 of the Board of Directors of said District in regard to the
1-34 creation and establishment of said District and in regard to
1-35 levying and collecting ad valorem taxes by said District are in all
1-36 things ratified, confirmed and validated, and said District,
1-37 composed of the land and territory described above, is hereby
1-38 declared to have been fully and duly created and established and
1-39 authorized to collect ad valorem taxes from and after the
1-40 confirmation and tax elections held within said District on January
1-41 21, 1955.
1-42 SECTION 2. Sections 1A(b) and (c), Chapter 498, Acts of the
1-43 54th Legislature, Regular Session, 1955, are amended to read as
1-44 follows:
1-45 (b) A Directors' election shall be held on the uniform
1-46 election date in May [first Saturday in April] in each
1-47 even-numbered year to elect the appropriate number of Directors.
1-48 (c) Except as provided by this Section, a Directors'
1-49 election is held as provided by Chapter 36 [51], Water Code, and
1-50 the [Texas] Election Code.
1-51 SECTION 3. Section 2, Chapter 498, Acts of the 54th
1-52 Legislature, Regular Session, 1955, is amended to read as follows:
1-53 Sec. 2. North Plains Groundwater [Ground Water] Conservation
1-54 District [No. Two], hereinafter sometimes referred to as the
1-55 District, shall have and exercise and is hereby vested with all of
1-56 the rights, powers, privileges and duties conferred and imposed by
1-57 the general laws of this State now enforced or hereafter enacted
1-58 applicable to groundwater [underground water] conservation
1-59 districts created under authority of Article XVI, Section 59 of the
1-60 Constitution of Texas, and Chapter 36 [Chapters 51 and 52], Water
1-61 Code, to:
1-62 (1) formulate, promulgate and enforce rules and
1-63 regulations for the purpose of conserving, preserving, protecting
1-64 and recharging the [underground] water of any groundwater [the
2-1 underground water] reservoir or subdivision of a groundwater
2-2 reservoir in the district [thereof];
2-3 (2) formulate, promulgate and enforce rules and
2-4 regulations to prevent the waste, as defined in Chapter 36 [52],
2-5 Water Code, of the underground water of any groundwater [the
2-6 underground water] reservoir or subdivision of a groundwater
2-7 reservoir in the district [thereof];
2-8 (3) require permits for the drilling, equipping and
2-9 completion of wells in any groundwater [the underground water]
2-10 reservoir of a groundwater reservoir in the district and to issue
2-11 such permits subject to such terms and provisions with reference to
2-12 the drilling, equipping and completion thereof as may be necessary
2-13 to prevent waste or contamination;
2-14 (4) provide for the spacing of wells producing from
2-15 any groundwater [the underground water] reservoir or subdivision of
2-16 a groundwater reservoir in the district [thereof] and to regulate
2-17 the production therefrom so as to minimize as far as practicable
2-18 the drawdown of the water table or the reduction of the artesian
2-19 pressure; provided, however, the owner of the land, his heirs,
2-20 assigns and lessees, shall not be denied a permit to drill a well
2-21 on his land and produce groundwater [underground water] therefrom
2-22 subject to rules and regulations promulgated hereunder to prevent
2-23 waste or contamination;
2-24 (5) require records to be kept and reports to be made
2-25 of the drilling, equipping, and completion of wells into the
2-26 reservoirs or subdivisions of groundwater reservoirs [underground
2-27 water reservoir or subdivision thereof] and the taking and use of
2-28 groundwater [underground water] therefrom; to require accurate
2-29 drillers' logs to be kept of such wells and a copy thereof and of
2-30 any electric logs which may be made of such wells to be filed with
2-31 the district [and the Texas Department of Water Resources];
2-32 (6) acquire lands for the erection of dams and for the
2-33 purpose of draining lakes, draws, and depressions, and to construct
2-34 dams, drain lakes, depressions, draws, and creeks and to install
2-35 pumps and other equipment necessary to recharge any groundwater
2-36 [the underground water] reservoir or subdivision of a groundwater
2-37 reservoir in the district [thereof, but such district shall not
2-38 engage in the sale or distribution of surface or underground water
2-39 for any purpose];
2-40 (7) cause to be made by a registered professional
2-41 engineer or qualified groundwater scientist [engineers] surveys of
2-42 the underground water of all groundwater reservoirs or subdivisions
2-43 of groundwater reservoirs in the district [the underground water
2-44 reservoir or subdivision thereof] and of the facilities for the
2-45 development, production and use of such [underground] water, to
2-46 determine the quantity thereof available for production and use and
2-47 the improvements, developments, and recharges needed for such
2-48 groundwater reservoirs or subdivisions of groundwater reservoirs in
2-49 the district [underground water reservoir or subdivision thereof];
2-50 (8) develop comprehensive plans for the most efficient
2-51 use of the [underground] water of the groundwater reservoirs or
2-52 subdivisions of groundwater reservoirs in the district [underground
2-53 water reservoir or subdivision thereof] and for the control and
2-54 prevention of waste of such groundwater [underground water], which
2-55 plans shall specify in such detail as may be practicable the acts,
2-56 procedure, performance and avoidance which are or may be necessary
2-57 to effect such plans, including specifications therefor; to carry
2-58 out research projects, develop information and determine
2-59 limitations, if any, which should be made on the withdrawal of
2-60 [underground] water from the groundwater reservoirs or subdivisions
2-61 of groundwater reservoirs in the district [underground water
2-62 reservoir or subdivision thereof]; to collect and preserve
2-63 information regarding the use of such [underground] water and the
2-64 practicability of recharge of the groundwater reservoirs or
2-65 subdivisions of groundwater reservoirs in the district [underground
2-66 water subdivision thereof]; to publish such plans and information,
2-67 bring them to the notice and attention of the users of such
2-68 groundwater [underground water] within the district, and to
2-69 encourage their adoption and execution;
3-1 (9) enforce, by injunction, mandatory injunction or
3-2 other appropriate remedy, in courts of competent jurisdiction,
3-3 rules and regulations duly adopted and promulgated by such
3-4 district; provided, that no rule or regulation shall be effective
3-5 until a brief resume thereof has been published once a week for two
3-6 (2) consecutive weeks in one or more newspapers to give circulation
3-7 within the district, and such rule or regulation is to be effective
3-8 not less than fourteen (14) days after the date of the first
3-9 publication;
3-10 (10) incur all such indebtedness as may be necessary
3-11 and requisite to the achievement of the purposes for which the
3-12 district is created; to issue negotiable bonds and notes in the
3-13 name of the district for any lawful purpose of the district [for
3-14 the purposes set forth in Section 2(6) of this Act] and levy and
3-15 collect such ad valorem taxes as may be necessary for the payment
3-16 of the interest and the creation of a sinking fund for the payment
3-17 of such bonds, the issuance of such bonds and the levy and
3-18 collection of taxes to be in accordance with Chapter 36 [51], Water
3-19 Code; to levy and collect the ad valorem tax authorized at the
3-20 election held January 21, 1955, for the maintenance of such
3-21 district, its installations and activities; to hereafter order
3-22 elections for the purpose of authorizing the levy and collection of
3-23 taxes for the maintenance of the district, its installations and
3-24 activities, such elections to be ordered and held as is provided
3-25 for elections authorizing the issuance of bonds; provided that in
3-26 all bond elections and tax elections all persons may vote who are
3-27 resident [, qualified property taxpaying] voters of such district
3-28 [whose property has been duly rendered for taxation as provided in
3-29 Article VI, Section 3a, Constitution of Texas]; provided further
3-30 that the maintenance and operating [aggregate amount of] taxes [for
3-31 all purposes] may never in any one year exceed Five [Fifty] Cents
3-32 (5 ) [(50 )] on the One Hundred Dollar ($100) assessed valuation on
3-33 property in the district subject to taxation; and provided,
3-34 further, that the district may have its taxes assessed and
3-35 collected by the respective county tax assessors and collectors as
3-36 provided in Chapter 218, Page 348, Acts, Fifty-second Legislature,
3-37 Regular Session, 1951.
3-38 SECTION 4. The following acts of the North Plains Ground
3-39 Water Conservation District No. Two are validated and confirmed in
3-40 all respects as if the actions had been taken as authorized by law:
3-41 (1) all acts and governmental proceedings of the
3-42 district taken before the effective date of this Act, including
3-43 the adoption of rules, the approval or issuance of water well
3-44 drilling permits, annexations of land and land purchases, and
3-45 changes in the number and terms of the directors of the district;
3-46 (2) all bonds and other obligations of the district
3-47 authorized or issued before the effective date of this Act,
3-48 including all proceedings taken before the effective date of this
3-49 Act that are related to those bonds or other obligations; and
3-50 (3) all directors of the district whether elected or
3-51 appointed who took office before the effective date of this Act.
3-52 SECTION 5. Section 4 of this Act does not apply to any act,
3-53 proceeding, director, bond, or obligation the validity of which or
3-54 of whom is the subject of litigation that is pending on the
3-55 effective date of this Act.
3-56 SECTION 6. The importance of this legislation and the
3-57 crowded condition of the calendars in both houses create an
3-58 emergency and an imperative public necessity that the
3-59 constitutional rule requiring bills to be read on three several
3-60 days in each house be suspended, and this rule is hereby suspended,
3-61 and that this Act take effect and be in force from and after its
3-62 passage, and it is so enacted.
3-63 * * * * *