By Cook H.B. No. 1784
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ratification, creation, administration, powers,
1-3 duties, operation, and financing of groundwater conservation
1-4 districts in and coordinated management of groundwater resources
1-5 for the central Carrizo-Wilcox area.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE I. GENERAL PROVISIONS
1-8 SECTION 1.01. TITLE. This Act may be referred to as the
1-9 Central Carrizo-Wilcox Groundwater Management Act.
1-10 SECTION 1.02. PURPOSE. The purpose of this Act is:
1-11 (1) to ratify and create locally controlled
1-12 groundwater districts in order to protect, recharge, and prevent
1-13 the waste of groundwater in the central Carrizo-Wilcox area, to
1-14 control subsidence caused by withdrawal of water from the
1-15 groundwater reservoirs in that area, and to regulate the transport
1-16 of water out of the boundaries of the districts;
1-17 (2) to create the Central Carrizo-Wilcox Coordinating
1-18 Council to provide for the regional management of groundwater while
1-19 preserving local control, to protect, recharge, and prevent the
1-20 waste of groundwater, and to control subsidence caused by
1-21 withdrawal of water from the groundwater reservoirs; and
1-22 (3) to allow the groundwater conservation districts to
2-1 coordinate activities through the Central Carrizo-Wilcox
2-2 Coordinating Council to the extent authorized by this Act and
2-3 considered to be in the public interest.
2-4 ARTICLE II. BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT
2-5 SECTION 2.01. RATIFICATION OF CREATION. The creation by
2-6 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
2-7 (Senate Bill No. 1911), of the Brazos Valley Groundwater
2-8 Conservation District in Robertson and Brazos counties is ratified
2-9 as required by Section 15(a) of that Act, subject to approval at a
2-10 confirmation election under Section 2.17 of this article.
2-11 SECTION 2.02. DEFINITION. In this article, "district" means
2-12 the Brazos Valley Groundwater Conservation District.
2-13 SECTION 2.03. BOUNDARIES. The boundaries of the district are
2-14 coextensive with the boundaries of Robertson and Brazos counties,
2-15 Texas.
2-16 SECTION 2.04. GENERAL POWERS. (a) Except as otherwise
2-17 provided by this article, the district has all of the rights,
2-18 powers, privileges, authority, functions, and duties provided by
2-19 the general law of this state, including Chapter 36, Water Code,
2-20 applicable to groundwater conservation districts created under
2-21 Section 59, Article XVI, Texas Constitution. This article prevails
2-22 over any provision of general law that is in conflict or
2-23 inconsistent with this article, including any provision of Chapter
2-24 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
2-25 Regular Session, 1999 (Senate Bill No. 1911).
2-26 (b) The district does not have the authority granted by the
3-1 following provisions of Chapter 36, Water Code:
3-2 (1) Section 36.105, relating to eminent domain; and
3-3 (2) Sections 36.020 and 36.201-36.204, relating to
3-4 taxes.
3-5 SECTION 2.05. BONDS. The district may issue bonds and notes
3-6 under Sections 36.171-36.181, Water Code, up to $500,000.00 of
3-7 total indebtedness at any time.
3-8 SECTION 2.06. PURCHASE, SALE, TRANSPORTATION, OR
3-9 DISTRIBUTION OF WATER. The district may not purchase, sell,
3-10 transport, or distribute surface water or groundwater for any
3-11 purpose.
3-12 SECTION 2.07. FEES. (a) The board of directors of the
3-13 district by rule may impose reasonable fees on each well for which
3-14 a permit is issued by the district and that is not exempt from
3-15 regulation by the district. A fee may be based on the size of
3-16 column pipe used by the well or on the actual, authorized, or
3-17 anticipated amount of water to be withdrawn from the well.
3-18 (b) The initial fee shall be based on the amount of water to
3-19 be withdrawn from the well. The initial fee:
3-20 (1) may not exceed:
3-21 (A) $0.25 per acre foot for water used for
3-22 irrigating agricultural crops or operating existing steam electric
3-23 stations; or
3-24 (B) $0.0425 per thousand gallons for water used
3-25 for any other purpose; and
3-26 (2) may be increased at a cumulative rate not to
4-1 exceed three percent per year.
4-2 (c) In addition to the fee authorized under Subsection (b)
4-3 of this section, the district may assess a fee on groundwater from
4-4 a well that is produced for transport outside the district. The
4-5 combined fees may not exceed the limit on a fee amount set by
4-6 Section 36.205(c), Water Code.
4-7 (d) Fees authorized by this section may be assessed annually
4-8 and may be used to fund the cost of District operations and
4-9 expenses of the district's or council's operations.
4-10 SECTION 2.08. EXEMPTIONS. (a) Pursuant to Section 36.117,
4-11 Water Code, as amended, a district may exempt wells from the
4-12 requirements to obtain a drilling permit, an operating permit, or
4-13 any other permit required by this chapter or the district's rules.
4-14 A district may not require a permit for:
4-15 (1) drilling or producing from a well either drilled,
4-16 completed, or equipped so that it is incapable of producing more
4-17 than 25,000 gallons of groundwater a day;
4-18 (2) the drilling or alteration of the size of a well
4-19 or to restrict the production of a well if the water produced or to
4-20 be produced from the well is used or to be used to supply the
4-21 domestic needs of 10 or fewer households and a person who is a
4-22 member of each household is either the owner of the well, a person
4-23 related to the owner or a member of the owner's household within
4-24 the second degree by consanguinity, or an employee of the owner;
4-25 (3) the drilling or alteration of the size of a well
4-26 or to restrict the production from the well if the water produced
5-1 or to be produced from the well is used or to be used to provide
5-2 water for feeding livestock and poultry connected with farming,
5-3 ranching, or dairy enterprises; or
5-4 (4) water wells to supply water for hydrocarbon
5-5 production activities, regardless of whether those wells are
5-6 producing, that are associated with any well permitted by the
5-7 Railroad Commission of Texas drilled before September 1, 1985.
5-8 (b) The board shall adopt rules determining the
5-9 applicability of Subsection (a)(3) to facilities used primarily for
5-10 feeding livestock.
5-11 (c) The district shall not deny the owner of a tract of
5-12 land, or his lessee, who has no well equipped to produce more than
5-13 25,000 gallons a day on the tract, either a permit to drill a well
5-14 on his land or the privilege to produce groundwater from his land,
5-15 subject to the rules of the district.
5-16 (d) A district may not restrict the production of any well
5-17 equipped to produce 25,000 gallons or less a day.
5-18 (e) Water wells exempted under this section shall be
5-19 equipped and maintained so as to conform to the district's rules
5-20 requiring installation of casing, pipe, and fittings to prevent the
5-21 escape of groundwater from a groundwater reservoir to any reservoir
5-22 not containing groundwater and to prevent the pollution or harmful
5-23 alteration of the character of the water in any groundwater
5-24 reservoir.
5-25 (f) A district shall require water wells exempted under this
5-26 section to be registered with the district before drilling. All
6-1 exempt water wells shall be equipped and maintained so as to
6-2 conform to the district's rules requiring installation of casing,
6-3 pipe, and fittings to prevent the escape of groundwater from a
6-4 groundwater reservoir to any reservoir not containing groundwater
6-5 and to prevent the pollution or harmful alteration of the character
6-6 of the water in any groundwater reservoir.
6-7 (g) A well to supply water for a subdivision of land for
6-8 which a plat approval is required by law is not exempted under this
6-9 section.
6-10 SECTION 2.09. MINING EXEMPTION. (a) A groundwater well that
6-11 is used by a mining operation and permitted by the Railroad
6-12 Commission of Texas is exempt from permit requirements,
6-13 regulations, and fees imposed by the district if the amount of
6-14 water withdrawn from the well is not greater than the amount
6-15 required by the mining operation for mining purposes. A mining
6-16 operation that withdraws the amount of water required for mining
6-17 purposes, uses that water for mining purposes, and then puts that
6-18 water to another use does not forfeit the exemption granted by this
6-19 section, but any production of water in addition to water withdrawn
6-20 for mining purposes is subject to district permitting and
6-21 regulation.
6-22 (b) The district may require a well used for mining purposes
6-23 and exempt under this section to comply with the spacing
6-24 requirements of the district if any withdrawals from that well are
6-25 in addition to withdrawals for mining purposes.
6-26 (c) A mining operation may voluntarily waive the exemption
7-1 granted by this section.
7-2 SECTION 2.10. MITIGATION ASSISTANCE. In addition to the
7-3 authority granted under Chapter 36, Water Code, the district may
7-4 assist in the mediation between landowners regarding the mitigation
7-5 of the loss of existing groundwater supply of exempt domestic and
7-6 livestock users due to the groundwater pumping of others.
7-7 SECTION 2.11. MEMBERSHIP ON COORDINATING COUNCIL. The
7-8 district is a member of the Central Carrizo-Wilcox Coordinating
7-9 Council created by Section 5.01(a) of this Act.
7-10 SECTION 2.12. MANAGEMENT PLAN. The district shall develop or
7-11 contract to develop its own management plan under Section 36.1071,
7-12 Water Code, and submit it to the Central Carrizo-Wilcox
7-13 Coordinating Council to be included in the management plan
7-14 developed by the Central Carrizo-Wilcox Coordinating Council under
7-15 Section 5.06 of this Act.
7-16 SECTION 2.13. PERMITTING. (a) The district shall issue
7-17 permits for wells based on the consideration of whether:
7-18 (1) the application conforms to the requirements
7-19 prescribed by Chapter 36, Water Code, and is accompanied by the
7-20 prescribed fees;
7-21 (2) the proposed use of water is consistent with the
7-22 district's certified water management plan;
7-23 (3) the proposed use of water is dedicated to any
7-24 beneficial use;
7-25 (4) the applicant has agreed to avoid waste and
7-26 achieve water conservation; and
8-1 (5) the applicant has agreed that reasonable diligence
8-2 will be used to protect groundwater quality and that the applicant
8-3 will follow well plugging guidelines at the time of well closure.
8-4 (6) the proposed use would not present the possibility
8-5 of unreasonable interference with the production of water from
8-6 exempt, existing, or previously permitted wells;
8-7 (7) the proposed use would not unreasonably interfere
8-8 with an adjoining landowner's ability to produce water from his
8-9 property.
8-10 SECTION 2.14. BOARD OF DIRECTORS. (a) The district is
8-11 governed by a board of eight directors.
8-12 (b) Initial directors serve until permanent directors are
8-13 appointed under Section 2.15 of this article and qualified as
8-14 required by Subsection (d) of this section.
8-15 (c) Permanent directors serve four-year staggered terms.
8-16 (d) Each director must qualify to serve as a director in the
8-17 manner provided by Section 36.055, Water Code.
8-18 (e) A director serves until the director's successor has
8-19 qualified.
8-20 (f) A director may serve consecutive terms.
8-21 (g) If there is a vacancy on the board, the governing body
8-22 of the entity that appointed the director who vacated the office
8-23 shall appoint a director to serve the remainder of the term.
8-24 (h) Directors are not entitled to receive compensation for
8-25 serving as a director but may be reimbursed for actual, reasonable
8-26 expenses incurred in the discharge of official duties.
9-1 (i) A majority vote of a quorum is required for board
9-2 action. If there is a tie vote, the proposed action fails.
9-3 SECTION 2.15. APPOINTMENT OF DIRECTORS. (a) The Robertson
9-4 County Commissioners Court shall appoint four directors, of whom:
9-5 (1) one must represent municipal interests in the
9-6 county;
9-7 (2) one must represent agriculture interests in the
9-8 county;
9-9 (3) one must represent rural water suppliers'
9-10 interests in the county; and
9-11 (4) one must represent industrial interests in the
9-12 county.
9-13 (b) The Brazos County Commissioners Court shall appoint two
9-14 directors, of whom:
9-15 (1) one must represent rural water suppliers'
9-16 interests in the county; and
9-17 (2) one must represent agriculture interests in the
9-18 county.
9-19 (c) The governing body of the City of Bryan shall appoint
9-20 one director.
9-21 (d) The governing body of the City of College Station shall
9-22 appoint one director.
9-23 (e) Each of the governing bodies authorized by this section
9-24 to make an appointment shall appoint the appropriate number of
9-25 initial directors as soon as practicable following the effective
9-26 date of this Act, but not later than the 45th day after the
10-1 effective date of this Act.
10-2 (f) The four initial directors from Robertson County shall
10-3 draw lots to determine their terms. Two initial directors from
10-4 Robertson County and the two initial directors from Brazos County
10-5 serve terms that expire on January 1 of the second year following
10-6 the confirmation of the district at an election held under Section
10-7 2.17 of this article. The remaining four initial directors serve
10-8 terms that expire on January 1 of the fourth year following the
10-9 confirmation of the district. On January 1 of the second year
10-10 following confirmation of the district and every two years after
10-11 that date, the appropriate governing body shall appoint the
10-12 appropriate number of permanent directors.
10-13 SECTION 2.16. ORGANIZATIONAL MEETING. As soon as practicable
10-14 after all the initial directors have been appointed and have
10-15 qualified as provided in this article, a majority of the directors
10-16 shall convene the organizational meeting of the district at a
10-17 location within the district agreeable to a majority of the
10-18 directors. If no location can be agreed on, the organizational
10-19 meeting of the directors shall be at the Robertson County
10-20 Courthouse.
10-21 SECTION 2.17. CONFIRMATION ELECTION. (a) The initial board
10-22 of directors shall call and hold an election on the same date in
10-23 each county within the district to confirm the creation of the
10-24 district.
10-25 (b) Except as provided by this section, a confirmation
10-26 election must be conducted as provided by Sections 36.017, 36.018,
11-1 and 36.019, Water Code, and Section 41.001, Election Code.
11-2 (c) Confirmation of the district requires a vote in favor of
11-3 confirmation by a majority of the qualified voters voting in the
11-4 election.
11-5 (d) If the establishment of the district is not confirmed by
11-6 an election held under this section before the second anniversary
11-7 of the effective date of this Act, the district is dissolved and
11-8 this article expires on that date.
11-9 ARTICLE III. MILAM BURLESON GROUNDWATER CONSERVATION DISTRICT
11-10 SECTION 3.01. CREATION. (a) A groundwater conservation
11-11 district, to be known as the Milam Burleson Groundwater
11-12 Conservation District, is created in Milam and Burleson counties,
11-13 subject to approval at a confirmation election under Section 3.16
11-14 of this article. The district is a governmental agency and a body
11-15 politic and corporate.
11-16 (b) The district is created under and is essential to
11-17 accomplish the purposes of Section 59, Article XVI, Texas
11-18 Constitution.
11-19 SECTION 3.02. DEFINITION. In this article, "district" means
11-20 the Milam Burleson Groundwater Conservation District.
11-21 SECTION 3.03. BOUNDARIES. The boundaries of the Milam
11-22 Burleson Groundwater Conservation District are coextensive with the
11-23 boundaries of and Burleson counties.
11-24 SECTION 3.04. FINDING OF BENEFIT. All of the land and other
11-25 property included within the boundaries of the district will be
11-26 benefitted by the works and projects that are to be accomplished by
12-1 the district under powers conferred by Section 59, Article XVI,
12-2 Texas Constitution. The district is created to serve a public use
12-3 and benefit.
12-4 SECTION 3.05. GENERAL POWERS. (a) Except as otherwise
12-5 provided by this article, the district has all of the rights,
12-6 powers, privileges, authority, functions, and duties provided by
12-7 the general law of this state, including Chapter 36, Water Code,
12-8 applicable to groundwater conservation districts created under
12-9 Section 59, Article XVI, Texas Constitution. This article prevails
12-10 over any provision of general law that is in conflict or
12-11 inconsistent with this article, including any provision of Chapter
12-12 36, Water Code.
12-13 (b) The district does not have the authority granted by the
12-14 following provisions of Chapter 36, Water Code:
12-15 (1) Section 36.105, relating to eminent domain; and
12-16 (2) Sections 36.020 and 36.201-36.204, relating to
12-17 taxes.
12-18 SECTION 3.06. FEES. (a) The board of directors of the
12-19 district by rule may impose reasonable fees on each well for which
12-20 a permit is issued by the district and that is not exempt from
12-21 regulation by the district. A fee may be based on the size of
12-22 column pipe used by the well or on the actual, authorized, or
12-23 anticipated amount of water to be withdrawn from the well.
12-24 (b) Fees shall not exceed:
12-25 (1) one dollar per acre foot for water used for
12-26 irrigating agricultural crops; or
13-1 (2) 17 cents per thousand gallons for water used for
13-2 any other purpose.
13-3 (c) In addition to the fee authorized under Subsection (b)
13-4 of this section, the district may assess a fee on groundwater from
13-5 a well that is produced for transport outside the district. The
13-6 combined fees may not exceed the limit on a fee amount set by
13-7 Section 36.205(c), Water Code.
13-8 (d) Fees authorized by this section may be assessed annually
13-9 and may be used to fund the cost of District operations and
13-10 expenses of the district's or council's operations.
13-11 SECTION 3.07. EXEMPTIONS. (a) Pursuant to Section 36.117,
13-12 Water Code, as amended, a district may exempt wells from the
13-13 requirements to obtain a drilling permit, an operating permit, or
13-14 any other permit required by this chapter or the district's rules.
13-15 A district may not require a permit for:
13-16 (1) drilling or producing from a well either drilled,
13-17 completed, or equipped so that it is incapable of producing more
13-18 than 25,000 gallons of groundwater a day;
13-19 (2) the drilling or alteration of the size of a well
13-20 or to restrict the production of a well if the water produced or to
13-21 be produced from the well is used or to be used to supply the
13-22 domestic needs of 10 or fewer households and a person who is a
13-23 member of each household is either the owner of the well, a person
13-24 related to the owner or a member of the owner's household within
13-25 the second degree by consanguinity, or an employee of the owner;
13-26 (3) the drilling or alteration of the size of a well
14-1 or to restrict the production from the well if the water produced
14-2 or to be produced from the well is used or to be used to provide
14-3 water for feeding livestock and poultry connected with farming,
14-4 ranching, or dairy enterprises; or
14-5 (4) water wells to supply water for hydrocarbon
14-6 production activities, regardless of whether those wells are
14-7 producing, that are associated with any well permitted by the
14-8 Railroad Commission of Texas drilled before September 1, 1985.
14-9 (b) The board shall adopt rules determining the
14-10 applicability of Subsection (a)(3) to facilities used primarily for
14-11 feeding livestock.
14-12 (c) The district shall not deny the owner of a tract of
14-13 land, or his lessee, who has no well equipped to produce more than
14-14 25,000 gallons a day on the tract, either a permit to drill a well
14-15 on his land or the privilege to produce groundwater from his land,
14-16 subject to the rules of the district.
14-17 (d) A district may not restrict the production of any well
14-18 equipped to produce 25,000 gallons or less a day.
14-19 (e) Water wells exempted under this section shall be
14-20 equipped and maintained so as to conform to the district's rules
14-21 requiring installation of casing, pipe, and fittings to prevent the
14-22 escape of groundwater from a groundwater reservoir to any reservoir
14-23 not containing groundwater and to prevent the pollution or harmful
14-24 alteration of the character of the water in any groundwater
14-25 reservoir.
14-26 (f) A district shall require water wells exempted under this
15-1 section to be registered with the district before drilling. All
15-2 exempt water wells shall be equipped and maintained so as to
15-3 conform to the district's rules requiring installation of casing,
15-4 pipe, and fittings to prevent the escape of groundwater from a
15-5 groundwater reservoir to any reservoir not containing groundwater
15-6 and to prevent the pollution or harmful alteration of the character
15-7 of the water in any groundwater reservoir.
15-8 (g) A well to supply water for a subdivision of land for
15-9 which a plat approval is required by law is not exempted under this
15-10 section.
15-11 SECTION 3.08. MINING EXEMPTION. (a) A groundwater well that
15-12 is used by a mining operation and permitted by the Railroad
15-13 Commission of Texas is exempt from permit requirements,
15-14 regulations, and fees imposed by the district if the amount of
15-15 water withdrawn from the well is not greater than the amount
15-16 required by the mining operation for mining purposes. A mining
15-17 operation that withdraws the amount of water required for mining
15-18 purposes, uses that water for mining purposes, and then puts that
15-19 water to another use does not forfeit the exemption granted by this
15-20 section, but any production of water in addition to water withdrawn
15-21 for mining purposes is subject to district permitting and
15-22 regulation.
15-23 (b) The district may require a well used for mining purposes
15-24 and exempt under this section to comply with the spacing
15-25 requirements of the district if any withdrawals from that well are
15-26 in addition to withdrawals for mining purposes.
16-1 (c) A mining operation may voluntarily waive the exemption
16-2 granted by this section.
16-3 SECTION 3.09. MITIGATION ASSISTANCE. In addition to the
16-4 authority granted under Chapter 36, Water Code, the district may
16-5 assist in the mediation between landowners regarding the mitigation
16-6 of the loss of existing groundwater supply of exempt domestic and
16-7 livestock users due to the groundwater pumping of others.
16-8 SECTION 3.10. MEMBERSHIP ON COORDINATING COUNCIL. The
16-9 district is a member of the Central Carrizo-Wilcox Coordinating
16-10 Council created by Section 5.01(a) of this Act.
16-11 SECTION 3.11. MANAGEMENT PLAN. The district shall develop or
16-12 contract to develop its own management plan under Section 36.1071,
16-13 Water Code, and submit it to the Central Carrizo-Wilcox
16-14 Coordinating Council to be included in the management plan
16-15 developed by the Central Carrizo-Wilcox Coordinating Council under
16-16 Section 5.06 of this Act.
16-17 SECTION 3.12. PERMITTING. (a) The district shall issue
16-18 permits for wells based on the consideration of whether:
16-19 (1) the application conforms to the requirements
16-20 prescribed by Chapter 36, Water Code, and is accompanied by the
16-21 prescribed fees;
16-22 (2) the proposed use of water is consistent with the
16-23 district's certified water management plan;
16-24 (3) the proposed use of water is dedicated to any
16-25 beneficial use;
16-26 (4) the applicant has agreed to avoid waste and
17-1 achieve water conservation; and
17-2 (5) the applicant has agreed that reasonable diligence
17-3 will be used to protect groundwater quality and that the applicant
17-4 will follow well plugging guidelines at the time of well closure.
17-5 (6) the proposed use would not present the possibility
17-6 of unreasonable interference with the production of water from
17-7 exempt, existing, or previously permitted wells;
17-8 (7) the proposed use would not unreasonably interfere
17-9 with an adjoining landowner's ability to produce water from his
17-10 property.
17-11 SECTION 3.13. BOARD OF DIRECTORS. (a) The district is
17-12 governed by a board of 10 directors.
17-13 (b) Initial directors serve until permanent directors are
17-14 appointed under Section 3.14 of this article and qualified as
17-15 required by Subsection (d) of this section.
17-16 (c) permanent directors serve four-year staggered terms.
17-17 (d) Each director must qualify to serve as a director in the
17-18 manner provided by Section 36.055, Water Code.
17-19 (e) A director serves until the director's successor has
17-20 qualified.
17-21 (f) A director may serve consecutive terms.
17-22 (g) If there is a vacancy on the board, the governing body
17-23 of the entity that appointed the director who vacated the office
17-24 shall appoint a director to serve the remainder of the term.
17-25 (h) Directors are not entitled to receive compensation for
17-26 serving as a director but may be reimbursed for actual, reasonable
18-1 expenses incurred in the discharge of official duties.
18-2 (i) A quorum exists when at least two-thirds of the board
18-3 members are present. A majority vote of a quorum is required for
18-4 board action. If there is a tie vote, the proposed action fails.
18-5 SECTION 3.14. APPOINTMENT OF DIRECTORS. (a) The Milam
18-6 County Commissioners Court shall appoint five directors, of whom:
18-7 (1) one must represent municipal interests in the
18-8 county;
18-9 (2) one must represent agriculture interests in the
18-10 county;
18-11 (3) one must represent rural water suppliers'
18-12 interests in the county;
18-13 (4) one must represent industrial interests in the
18-14 county; and
18-15 (5) one must represent the interests of the county at
18-16 large.
18-17 (b) The Burleson County Commissioners Court shall appoint
18-18 five directors, of whom:
18-19 (1) one must represent municipal interests in the
18-20 county;
18-21 (2) one must represent agriculture interests in the
18-22 county;
18-23 (3) one must represent rural water suppliers'
18-24 interests in the county;
18-25 (4) one must represent industrial interests in the
18-26 county; and
19-1 (5) one must represent the interests of the county at
19-2 large.
19-3 (c) Each of the governing bodies authorized by this section
19-4 to make an appointment shall appoint the appropriate number of
19-5 initial directors as soon as practicable following the effective
19-6 date of this Act, but not later than the 45th day after the
19-7 effective date of this Act.
19-8 (d) The initial directors shall draw lots to determine their
19-9 terms. Two initial directors from Milam County and two initial
19-10 directors from Burleson County serve terms that expire on January 1
19-11 of the second year following the confirmation of the district at an
19-12 election held under Section 3.15 of this article. The remaining
19-13 six initial directors serve terms that expire on January 1 of the
19-14 fourth year following the confirmation of the district. On January
19-15 1 of the second year following confirmation of the district and
19-16 every two years after that date, the appropriate commissioners
19-17 courts shall appoint the appropriate number of permanent directors.
19-18 SECTION 3.15. ORGANIZATIONAL MEETING. As soon as practicable
19-19 after all the initial directors have been appointed and have
19-20 qualified as provided in this article, a majority of the directors
19-21 shall convene the organizational meeting of the district at a
19-22 location within the district agreeable to a majority of the
19-23 directors. If no location can be agreed upon, the organizational
19-24 meeting of the directors shall be at the Milam County Courthouse.
19-25 SECTION 3.16. CONFIRMATION ELECTION. (a) The initial board
19-26 of directors shall call and hold an election on the same date in
20-1 each county within the district to confirm the creation of the
20-2 district.
20-3 (b) Except as provided by this section, a confirmation
20-4 election must be conducted as provided by Sections 36.017, 36.018,
20-5 and 36.019, Water Code, and Section 41.001, Election Code.
20-6 (c) Confirmation of the district requires a vote in favor of
20-7 confirmation by a majority of the qualified voters voting in the
20-8 election.
20-9 (d) If the establishment of the district is not confirmed by
20-10 an election held under this section before the second anniversary
20-11 of the effective date of this Act, the district is dissolved and
20-12 this article expires on that date.
20-13 ARTICLE IV. LEON, MADISON, AND FREESTONE GROUNDWATER
20-14 CONSERVATION DISTRICT
20-15 SECTION 4.01. CREATION. (a) A groundwater conservation
20-16 district, to be known as the Leon, Madison, and Freestone
20-17 Groundwater Conservation District, is created in Leon, Madison, and
20-18 Freestone counties, subject to approval at a confirmation election
20-19 under Section 4.16 of this article. The district is a governmental
20-20 agency and a body politic and corporate.
20-21 (b) The district is created under and is essential to
20-22 accomplish the purposes of Section 59, Article XVI, Texas
20-23 Constitution.
20-24 SECTION 4.02. DEFINITION. In this article, "district" means
20-25 the Leon, Madison, and Freestone Groundwater Conservation District.
20-26 SECTION 4.03. BOUNDARIES. The boundaries of the Leon,
21-1 Madison, and Freestone Groundwater Conservation District are
21-2 coextensive with the boundaries of Leon, Madison, and Freestone
21-3 counties.
21-4 SECTION 4.04. FINDING OF BENEFIT. All of the land and other
21-5 property included within the boundaries of the district will be
21-6 benefitted by the works and projects that are to be accomplished by
21-7 the district under powers conferred by Section 59, Article XVI,
21-8 Texas Constitution. The district is created to serve a public use
21-9 and benefit.
21-10 SECTION 4.05. GENERAL POWERS. (a) Except as otherwise
21-11 provided by this article, the district has all of the rights,
21-12 powers, privileges, authority, functions, and duties provided by
21-13 the general law of this state, including Chapter 36, Water Code,
21-14 applicable to groundwater conservation districts created under
21-15 Section 59, Article XVI, Texas Constitution. This article prevails
21-16 over any provision of general law that is in conflict or
21-17 inconsistent with this article, including any provision of Chapter
21-18 36, Water Code.
21-19 (b) The district does not have the authority granted by the
21-20 following provisions of Chapter 36, Water Code:
21-21 (1) Section 36.105, relating to eminent domain; and
21-22 (2) Sections 36.020 and 36.201-36.204, relating to
21-23 taxes.
21-24 SECTION 4.06. FEES. (a) The board of directors of the
21-25 district by rule may impose reasonable fees on each well for which
21-26 a permit is issued by the district and that is not exempt from
22-1 regulation by the district. A fee may be based on the size of
22-2 column pipe used by the well or on the actual, authorized, or
22-3 anticipated amount of water to be withdrawn from the well.
22-4 (b) Fees shall not exceed:
22-5 (1) one dollar per acre foot for water used for
22-6 irrigating agricultural crops; or
22-7 (2) 17 cents per thousand gallons for water used for
22-8 any other purpose.
22-9 (c) In addition to the fee authorized under Subsection (b)
22-10 of this section, the district may assess a fee on groundwater from
22-11 a well that is produced for transport outside the district. The
22-12 combined fees may not exceed the limit on a fee amount set by
22-13 Section 36.205(c), Water Code.
22-14 (d) Fees authorized by this section may be assessed annually
22-15 and may be used to fund the cost of District operations and
22-16 operations.
22-17 SECTION 4.07. EXEMPTIONS. (a) Pursuant to Section 36.117,
22-18 Water Code, as amended, a district may exempt wells from the
22-19 requirements to obtain a drilling permit, an operating permit, or
22-20 any other permit required by this chapter or the district's rules.
22-21 A district may not require a permit for:
22-22 (1) drilling or producing from a well either drilled,
22-23 completed, or equipped so that it is incapable of producing more
22-24 than 25,000 gallons of groundwater a day;
22-25 (2) the drilling or alteration of the size of a well
22-26 or to restrict the production of a well if the water produced or to
23-1 be produced from the well is used or to be used to supply the
23-2 domestic needs of 10 or fewer households and a person who is a
23-3 member of each household is either the owner of the well, a person
23-4 related to the owner or a member of the owner's household within
23-5 the second degree by consanguinity, or an employee of the owner;
23-6 (3) the drilling or alteration of the size of a well
23-7 or to restrict the production from the well if the water produced
23-8 or to be produced from the well is used or to be used to provide
23-9 water for feeding livestock and poultry connected with farming,
23-10 ranching, or dairy enterprises; or
23-11 (4) water wells to supply water for hydrocarbon
23-12 production activities, regardless of whether those wells are
23-13 producing, that are associated with any well permitted by the
23-14 Railroad Commission of Texas drilled before September 1, 1985.
23-15 (b) The board shall adopt rules determining the
23-16 applicability of Subsection (a)(3) to facilities used primarily for
23-17 feeding livestock.
23-18 (c) The district shall not deny the owner of a tract of
23-19 land, or his lessee, who has no well equipped to produce more than
23-20 25,000 gallons a day on the tract, either a permit to drill a well
23-21 on his land or the privilege to produce groundwater from his land,
23-22 subject to the rules of the district.
23-23 (d) A district may not restrict the production of any well
23-24 equipped to produce 25,000 gallons or less a day.
23-25 (e) Water wells exempted under this section shall be
23-26 equipped and maintained so as to conform to the district's rules
24-1 requiring installation of casing, pipe, and fittings to prevent the
24-2 escape of groundwater from a groundwater reservoir to any reservoir
24-3 not containing groundwater and to prevent the pollution or harmful
24-4 alteration of the character of the water in any groundwater
24-5 reservoir.
24-6 (f) A district shall require water wells exempted under this
24-7 section to be registered with the district before drilling. All
24-8 exempt water wells shall be equipped and maintained so as to
24-9 conform to the district's rules requiring installation of casing,
24-10 pipe, and fittings to prevent the escape of groundwater from a
24-11 groundwater reservoir to any reservoir not containing groundwater
24-12 and to prevent the pollution or harmful alteration of the character
24-13 of the water in any groundwater reservoir.
24-14 (g) A well to supply water for a subdivision of land for
24-15 which a plat approval is required by law is not exempted under this
24-16 section.
24-17 SECTION 4.08. MINING EXEMPTION. (a) A groundwater well that
24-18 is used by a mining operation and permitted by the Railroad
24-19 Commission of Texas is exempt from permit requirements,
24-20 regulations, and fees imposed by the district if the amount of
24-21 water withdrawn from the well is not greater than the amount
24-22 required by the mining operation for mining purposes. A mining
24-23 operation that withdraws the amount of water required for mining
24-24 purposes, uses that water for mining purposes, and then puts that
24-25 water to another use does not forfeit the exemption granted by this
24-26 section, but any production of water in addition to water withdrawn
25-1 for mining purposes is subject to district permitting and
25-2 regulation.
25-3 (b) The district may require a well used for mining purposes
25-4 and exempt under this section to comply with the spacing
25-5 requirements of the district if any withdrawals from that well are
25-6 in addition to withdrawals for mining purposes.
25-7 (c) A mining operation may voluntarily waive the exemption
25-8 granted by this section.
25-9 SECTION 4.09. MITIGATION ASSISTANCE. In addition to the
25-10 authority granted under Chapter 36, Water Code, the district may
25-11 assist in the mediation between landowners regarding the mitigation
25-12 of the loss of existing groundwater supply of exempt domestic and
25-13 livestock users due to the groundwater pumping of others.
25-14 SECTION 4.10. MEMBERSHIP ON COORDINATING COUNCIL. The
25-15 district is a member of the Central Carrizo-Wilcox Coordinating
25-16 Council created by Section 5.01(a) of this Act.
25-17 SECTION 4.11. MANAGEMENT PLAN. The district shall develop or
25-18 contract to develop its own management plan under Section 36.1071,
25-19 Water Code, and submit it to the Central Carrizo-Wilcox
25-20 Coordinating Council to be included in the management plan
25-21 developed by the Central Carrizo-Wilcox Coordinating Council under
25-22 Section 5.06 of this Act.
25-23 SECTION 4.12. PERMITTING. (a) The district shall issue
25-24 permits for wells based on the consideration of whether:
25-25 (1) the application conforms to the requirements
25-26 prescribed by Chapter 36, Water Code, and is accompanied by the
26-1 prescribed fees;
26-2 (2) the proposed use of water is consistent with the
26-3 district's certified water management plan;
26-4 (3) the proposed use of water is dedicated to any
26-5 beneficial use;
26-6 (4) the applicant has agreed to avoid waste and
26-7 achieve water conservation; and
26-8 (5) the applicant has agreed that reasonable diligence
26-9 will be used to protect groundwater quality and that the applicant
26-10 will follow well plugging guidelines at the time of well closure.
26-11 (6) the proposed use would not present the possibility
26-12 of unreasonable interference with the production of water from
26-13 exempt, existing, or previously permitted wells;
26-14 (7) the proposed use would not unreasonably interfere
26-15 with an adjoining landowner's ability to produce water from his
26-16 property.
26-17 SECTION 4.13. BOARD OF DIRECTORS. (a) The district is
26-18 governed by a board of nine directors.
26-19 (b) Initial directors serve until permanent directors are
26-20 appointed under Section 4.14 of this article and qualified as
26-21 required by Subsection (d) of this section.
26-22 (c) Permanent directors serve four-year staggered terms.
26-23 (d) Each director must qualify to serve as a director in the
26-24 manner provided by Section 36.055, Water Code.
26-25 (e) A director serves until the director's successor has
26-26 qualified.
27-1 (f) A director may serve consecutive terms.
27-2 (g) If there is a vacancy on the board, the governing body
27-3 of the entity that appointed the director who vacated the office
27-4 shall appoint a director to serve the remainder of the term.
27-5 (h) Directors are not entitled to receive compensation for
27-6 serving as a director but may be reimbursed for actual, reasonable
27-7 expenses incurred in the discharge of official duties.
27-8 (i) A majority vote of a quorum is required for board
27-9 action. If there is a tie vote, the proposed action fails.
27-10 SECTION 4.14. APPOINTMENT OF DIRECTORS. (a) The Leon County
27-11 Commissioners Court shall appoint three directors, of whom:
27-12 (1) one must represent the interests of rural water
27-13 suppliers or municipalities in the county, or both;
27-14 (2) one must represent agriculture interests in the
27-15 county; and
27-16 (3) one must represent industrial interests in the
27-17 county.
27-18 (b) The Madison County Commissioners Court shall appoint
27-19 three directors, of whom:
27-20 (1) one must represent the interests of rural water
27-21 suppliers or municipalities in the county, or both;
27-22 (2) one must represent agriculture interests in the
27-23 county; and
27-24 (3) one must represent industrial interests in the
27-25 county.
27-26 (c) The Freestone County Commissioners Court shall appoint
28-1 three directors, of whom:
28-2 (1) one must represent the interests of rural water
28-3 suppliers or municipalities in the county, or both;
28-4 (2) one must represent agriculture interests in the
28-5 county; and
28-6 (3) one must represent industrial interests in the
28-7 county.
28-8 (d) Each of the governing bodies authorized by this section
28-9 to make an appointment shall appoint the appropriate number of
28-10 initial directors as soon as practicable following the effective
28-11 date of this Act, but not later than the 45th day after the
28-12 effective date of this Act.
28-13 (e) The initial directors shall draw lots to determine their
28-14 terms. A simple majority of the initial directors, if an odd
28-15 number of initial directors are appointed, or half the initial
28-16 directors, if an even number of initial directors are appointed,
28-17 serve terms that expire on January 1 of the fourth year following
28-18 the confirmation of the district at an election held under Section
28-19 4.16 of this article. The remaining initial directors serve terms
28-20 that expire on January 1 of the second year following the
28-21 confirmation of the district. On January 1 of the second year
28-22 following the confirmation of the district and every two years
28-23 after that date, the appropriate commissioners courts shall appoint
28-24 the appropriate number of permanent directors.
28-25 SECTION 4.15. ORGANIZATIONAL MEETING. As soon as practicable
28-26 after all the initial directors have been appointed and have
29-1 qualified as provided by this article, a majority of the directors
29-2 shall convene the organizational meeting of the district at a
29-3 location within the district agreeable to a majority of the
29-4 directors. If no location can be agreed upon, the organizational
29-5 meeting of the directors shall be at the Leon County Courthouse.
29-6 SECTION 4.16. CONFIRMATION ELECTION. (a) The initial board
29-7 of directors shall call and hold an election on the same date in
29-8 each county within the district to confirm the creation of the
29-9 district.
29-10 (b) Except as provided by this section, a confirmation
29-11 election must be conducted as provided by Sections 36.017, 36.018,
29-12 and 36.019, Water Code, and Section 41.001, Election Code.
29-13 (c) If the majority of qualified voters in a county who vote
29-14 in the election vote to confirm the creation of the district, that
29-15 county is included in the district. If the majority of qualified
29-16 voters in a county who vote in the election vote not to confirm the
29-17 creation of the district, that county is excluded from the
29-18 district.
29-19 (d) If the creation of the district is not confirmed by an
29-20 election held under this section before the second anniversary of
29-21 the effective date of this Act, the district is dissolved and this
29-22 article expires on that date.
29-23 ARTICLE V. CENTRAL CARRIZO-WILCOX COORDINATING COUNCIL
29-24 SECTION 5.01. CREATION. (a) The Central Carrizo-Wilcox
29-25 Coordinating Council is created.
29-26 (b) The council is created under and is essential to
30-1 accomplish the purposes of Section 59, Article XVI, Texas
30-2 Constitution.
30-3 (c) The council is created to provide regional management of
30-4 groundwater resources within its boundaries in order to preserve a
30-5 sustainable water supply for the future by protecting, recharging,
30-6 and preventing the waste of groundwater and by controlling
30-7 subsidence caused by withdrawal of water from the groundwater
30-8 reservoirs.
30-9 SECTION 5.02. BOUNDARIES. The boundaries of the Central
30-10 Carrizo-Wilcox Coordinating Council are coextensive with the
30-11 boundaries of Bastrop, Lee, Robertson, Brazos, Milam, Burleson,
30-12 Leon, Madison, and Freestone counties.
30-13 SECTION 5.03. DEFINITIONS. In this article:
30-14 (1) "Council" means the Central Carrizo-Wilcox
30-15 Coordinating Council.
30-16 (2) "District" includes:
30-17 (A) the Brazos Valley Groundwater Conservation
30-18 District;
30-19 (B) the Milam Burleson Groundwater Conservation
30-20 District;
30-21 (C) the Leon, Madison, and Freestone Groundwater
30-22 Conservation District;
30-23 (D) the Lost Pines Groundwater Conservation
30-24 District; and
30-25 (E) any other groundwater district created in
30-26 Bastrop, Lee, Robertson, Brazos, Milam, Burleson, Leon, Madison, or
31-1 Freestone County, or in any combination of any of those counties.
31-2 SECTION 5.04. FINDING OF BENEFIT. All of the land and other
31-3 property included within the boundaries of the council will be
31-4 benefitted by regional management of groundwater resources, the
31-5 works and projects that are to be accomplished by the council under
31-6 powers conferred by Section 59, Article XVI, Texas Constitution.
31-7 The council is created to serve a public use and benefit.
31-8 SECTION 5.05. AUTHORITY OF COUNCIL. The council does not
31-9 have the powers granted by Chapter 36, Water Code, except as stated
31-10 in this article and as authorized by the districts. The failure of
31-11 one or more of the districts' confirmation elections does not
31-12 affect the authority of the council.
31-13 SECTION 5.06. MANAGEMENT PLAN. (a) The council shall:
31-14 (1) coordinate and maintain a management plan for the
31-15 council's coordinating area;
31-16 (2) collect and maintain data required for management
31-17 of groundwater resources within its boundaries;
31-18 (3) coordinate the districts regarding management plan
31-19 issues; and
31-20 (4) disseminate information and monitor implementation
31-21 of the management plan among the districts.
31-22 (b) The council shall coordinate the comprehensive
31-23 management plan, as required by Sections 36.1071 and 36.1073, Water
31-24 Code, for all of the counties within its boundaries. In
31-25 coordinating the comprehensive management plan, the council shall
31-26 include and use the management plans developed by the individual
32-1 districts.
32-2 (c) In the management plan the council may establish an
32-3 annual total groundwater withdrawal limit and equitable allocation
32-4 for each district as determined from an evaluation of the overall
32-5 scientific data of the groundwater resources in the region,
32-6 including the Texas Water Development Board's groundwater
32-7 availability model. The determination of sustainable groundwater
32-8 withdrawal shall be reviewed at least every five years. An
32-9 individual district may not restrict the total amount of
32-10 groundwater withdrawn in the district to less than the limit as
32-11 determined from the evaluation of scientific data established under
32-12 this subsection. If the council establishes an annual total
32-13 groundwater withdrawal limit and that limit is reached, groundwater
32-14 withdrawal used for public water supply shall only be restricted by
32-15 unanimous vote of the council.
32-16 (d) On completion of the comprehensive management plan and
32-17 after approval of the plan by vote of at least 75 percent of the
32-18 council, the council shall forward a copy of the management plan
32-19 and any amendment to the plan to the Texas Water Development Board
32-20 as required by Section 36.1072, Water Code. In preparing the
32-21 comprehensive management plan and its amendments, the council shall
32-22 consider:
32-23 (1) the goals of the management plan and its impact on
32-24 planning throughout the management area;
32-25 (2) the effectiveness of the measures established by
32-26 the management plan for conserving and protecting groundwater and
33-1 preventing waste, and the effectiveness of these measures in the
33-2 management area generally; and
33-3 (3) any other matters that the council considers
33-4 relevant to the protection and conservation of groundwater and the
33-5 prevention of waste in the management area.
33-6 SECTION 5.07. MANAGEMENT OF COUNCIL. (a) The districts'
33-7 representatives appointed to the council shall manage all affairs
33-8 of the council.
33-9 (b) The council may contract with any person, public or
33-10 private, as the council requires to conduct its affairs. The
33-11 council shall set the compensation and terms for consultants.
33-12 (c) In selecting an attorney, engineer, auditor, financial
33-13 advisor, or other professional consultant, the council must follow
33-14 the procedures of Subchapter A, Chapter 2254, Government Code
33-15 (Professional Services Procurement Act).
33-16 (d) The council shall require an officer or consultant who
33-17 collects, pays, or handles any council funds to furnish good and
33-18 sufficient bond, payable to the council, in an amount determined by
33-19 the council to be sufficient to safeguard the council. The bond
33-20 shall be conditioned on the faithful performance of that person's
33-21 duties and on an accounting for all council funds and property.
33-22 The bond shall be signed or endorsed by a surety company authorized
33-23 to do business in this state.
33-24 SECTION 5.08. MEETINGS. (a) The council shall hold a
33-25 regular annual meeting. It may hold meetings at other times as
33-26 required for council business.
34-1 (b) Notice of council meetings shall be given as required by
34-2 the open meetings law, Chapter 551, Government Code.
34-3 (c) The council shall hold its meetings in accordance with
34-4 the open meetings law, Chapter 551, Government Code.
34-5 SECTION 5.09. RECORDS. (a) The council shall keep a
34-6 complete account of all its meetings and proceedings and shall
34-7 preserve all council records in a safe place.
34-8 (b) Council records are the property of the council and are
34-9 subject to Chapter 552, Government Code.
34-10 (c) The preservation, storage, destruction, or other
34-11 disposition of council records are subject to Chapter 201, Local
34-12 Government Code, and rules adopted under that chapter.
34-13 SECTION 5.10. RESEARCH, SURVEYS, AND COLLECTION AND
34-14 DISSEMINATION OF INFORMATION. (a) The council may, but only as
34-15 authorized by the districts:
34-16 (1) perform research projects authorized by Section
34-17 36.107, Water Code;
34-18 (2) coordinate surveys under Section 36.106, Water
34-19 Code, of the groundwater reservoir or subdivision and of the
34-20 facilities for development, production, transportation,
34-21 distribution, and use of the water, to determine the:
34-22 (A) quantity of water available for production
34-23 and use; and
34-24 (B) improvements, development, and recharging
34-25 needed by a reservoir or its subdivision;
34-26 (3) collect information under Section 36.107, Water
35-1 Code, including information regarding the use of groundwater, water
35-2 conservation, and the practicability of recharging a groundwater
35-3 reservoir;
35-4 (4) publish its plans and the information it develops,
35-5 bring them to the attention of the users of groundwater in the
35-6 council area, and encourage the users to adopt and use them, under
35-7 Section 36.110, Water Code; and
35-8 (5) develop programs to educate the public about the
35-9 aquifers in the management area, water conservation, and the
35-10 prevention of pollution of the aquifer.
35-11 (b) A unanimous vote of the council is required before the
35-12 council may take an action authorized by Subsection (a) of this
35-13 section.
35-14 SECTION 5.11. FUNDING. (a) The council shall be funded by
35-15 assessments to each district, in proportion to the amount of
35-16 groundwater pumped on which production fees are assessed by the
35-17 district, for:
35-18 (1) coordination and maintenance of a management plan
35-19 for the council's coordinating area;
35-20 (2) collection and maintenance of data required for
35-21 management of groundwater resources within its boundaries;
35-22 (3) coordination of the districts regarding management
35-23 plan issues;
35-24 (4) dissemination of information and monitoring of
35-25 implementation of the management plan among the districts;
35-26 (5) holding of regular council meetings; and
36-1 (6) contracting with any person, public or private, as
36-2 the council requires to accomplish the duties of this subsection.
36-3 (b) The council may be funded for services other than those
36-4 listed in Subsection (a) of this section, in any manner determined
36-5 appropriate by unanimous vote of the council, or provided for by
36-6 interlocal agreement.
36-7 SECTION 5.12. SUITS. All courts shall take judicial notice
36-8 of the creation of the council and of its boundaries. Sections
36-9 36.066(f) and (g), Water Code, pertaining to suits, apply to the
36-10 council.
36-11 SECTION 5.13. CONTRACTS. The council may contract in the
36-12 name of the council.
36-13 SECTION 5.14. DISTRICT COORDINATION. (a) The council may
36-14 enter into interlocal agreements with its member districts to
36-15 provide for administrative assistance and other services identified
36-16 in Section 5.10 of this article.
36-17 (b) The council may coordinate the activities of the
36-18 districts to the extent authorized by the districts.
36-19 (c) The council may mediate disputes concerning the
36-20 regulation of groundwater along the boundaries of each district
36-21 and, in the event that the council is unable to reach a resolution,
36-22 it may petition the Texas Natural Resource Conservation Commission
36-23 for resolution of the dispute under Section 36.108, Water Code.
36-24 SECTION 5.15. MITIGATION OF GROUNDWATER DEPLETION. (a) The
36-25 council shall determine biennially, using the overall available
36-26 scientific data of groundwater resources in the Central
37-1 Carrizo-Wilcox area, whether pumping within one district is
37-2 unreasonably affecting groundwater wells in one or more other
37-3 member districts. The council may enact mitigation measures in
37-4 response to such unreasonable adverse effects only if the measures
37-5 are based on a scientific determination made under this Subsection
37-6 and three-fourths of the members of the council vote to enact the
37-7 measures.
37-8 (b) The council may assist in the mediation between
37-9 landowners regarding the mitigation of the loss of existing
37-10 groundwater supply of exempt domestic and livestock users due to
37-11 the groundwater pumping of others in adjoining districts within the
37-12 council boundaries.
37-13 SECTION 5.16. COMPOSITION OF COUNCIL. (a) The council
37-14 consists of three representatives of each district, appointed by
37-15 and serving at the pleasure of the directors of the district.
37-16 (b) After the council is created and the districts select
37-17 their three representatives to serve on the council, the council
37-18 shall meet and elect a president, vice president, secretary, and
37-19 any other officers or assistant officers the council considers
37-20 necessary and shall begin to discharge its duties.
37-21 (c) A quorum for a council meeting is achieved only if:
37-22 (1) a majority of the membership of the council is
37-23 present; and
37-24 (2) each district has a representative at the meeting.
37-25 SECTION 5.17. COORDINATION WITH THE BLUEBONNET GROUNDWATER
37-26 CONSERVATION DISTRICT. (a) The council shall coordinate activities
38-1 with the Bluebonnet Groundwater Conservation District or any other
38-2 groundwater conservation district created in Grimes, Washington,
38-3 Austin, or Waller counties if the groundwater conservation district
38-4 chooses to coordinate activities.
38-5 (b) The Bluebonnet Groundwater Conservation District or any
38-6 other groundwater conservation district created in Grimes,
38-7 Washington, Austin, or Waller counties may appoint a nonvoting
38-8 representative to the council.
38-9 (c) The council may perform duties described in this article
38-10 for the Bluebonnet Groundwater Conservation District or any other
38-11 groundwater conservation district created in Grimes, Washington,
38-12 Austin, or Waller counties through interlocal agreements.
38-13 ARTICLE VI. PROCEDURAL REQUIREMENTS; EFFECTIVE DATE
38-14 SECTION 6.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
38-15 (a) The proper and legal notice of the intention to introduce this
38-16 Act, setting forth the general substance of this Act, has been
38-17 published as provided by law, and the notice and a copy of this Act
38-18 have been furnished to all persons, agencies, officials, or
38-19 entities to which they are required to be furnished by the
38-20 constitution and other laws of this state, including the governor,
38-21 who has submitted the notice and Act to the Texas Natural Resource
38-22 Conservation Commission.
38-23 (b) The Texas Natural Resource Conservation Commission has
38-24 filed its recommendations relating to this Act with the governor
38-25 and speaker of the house of representatives within the required
38-26 time.
39-1 (c) All requirements of the constitution and laws of this
39-2 state and the rules and procedures of the legislature with respect
39-3 to the notice, introduction, and passage of this Act are fulfilled
39-4 and accomplished.
39-5 SECTION 6.02. EFFECTIVE DATE. This Act takes effect
39-6 September 1, 2001.