1-1     By:  Cook, Kolkhorst, et al. (Senate Sponsor-Ogden)   H.B. No. 1784
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 1, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     May 1, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1784                  By:  Bivins
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the ratification, creation, administration, powers,
1-11     duties, operation, and financing of groundwater conservation
1-12     districts in and coordinated management of groundwater resources
1-13     for the central Carrizo-Wilcox area.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15                       ARTICLE 1.  GENERAL PROVISIONS
1-16           SECTION 1.01.  TITLE. This Act may be referred to as the
1-17     Central Carrizo-Wilcox Groundwater Management Act.
1-18           SECTION 1.02.  PURPOSE. The purpose of this Act is:
1-19                 (1)  to ratify and create locally controlled
1-20     groundwater districts in order to protect and recharge groundwater
1-21     and to prevent pollution or waste of groundwater in the central
1-22     Carrizo-Wilcox area, to control subsidence caused by withdrawal of
1-23     water from the groundwater reservoirs in that area, and to regulate
1-24     the transport of water out of the boundaries of the districts;
1-25                 (2)  to create the Central Carrizo-Wilcox Coordinating
1-26     Council to provide for the regional management of groundwater while
1-27     preserving local control, to protect and recharge groundwater, to
1-28     prevent pollution or waste of groundwater, and to control
1-29     subsidence caused by withdrawal of water from the groundwater
1-30     reservoirs; and
1-31                 (3)  to allow the groundwater conservation districts to
1-32     coordinate activities through the Central Carrizo-Wilcox
1-33     Coordinating Council to the extent authorized by this Act and
1-34     considered to be in the public interest.
1-35         ARTICLE 2.  BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT
1-36           SECTION 2.01.  RATIFICATION OF CREATION. The creation by
1-37     Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
1-38     (Senate Bill No. 1911), of the Brazos Valley Groundwater
1-39     Conservation District in Robertson and Brazos counties is ratified
1-40     as required by Section 15(a) of that Act, subject to approval at a
1-41     confirmation election under Section 2.15 of this article.
1-42           SECTION 2.02.  DEFINITION. In this article, "district" means
1-43     the Brazos Valley Groundwater Conservation District.
1-44           SECTION 2.03.  BOUNDARIES. The boundaries of the district are
1-45     coextensive with the boundaries of Robertson and Brazos counties,
1-46     Texas.
1-47           SECTION 2.04.  GENERAL POWERS. (a)  Except as otherwise
1-48     provided by this article, the district has all of the rights,
1-49     powers, privileges, authority, functions, and duties provided by
1-50     the general law of this state, including Chapter 36, Water Code,
1-51     applicable to groundwater conservation districts created under
1-52     Section 59, Article XVI, Texas Constitution.  This article prevails
1-53     over any provision of general law that is in conflict or
1-54     inconsistent with this article, including any provision of Chapter
1-55     36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
1-56     Regular Session, 1999 (Senate Bill No. 1911).
1-57           (b)  The district does not have the authority granted by the
1-58     following provisions of Chapter 36, Water Code:
1-59                 (1)  Section 36.105, relating to eminent domain; and
1-60                 (2)  Sections 36.020 and 36.201-36.204, relating to
1-61     taxes.
1-62           SECTION 2.05.  BONDS. The district may issue bonds and notes
1-63     under Sections 36.171-36.181, Water Code, not to exceed $500,000 of
1-64     total indebtedness at any time.
 2-1           SECTION 2.06.  FEES. (a)  The board of directors of the
 2-2     district by rule may impose reasonable fees on each well for which
 2-3     a permit is issued by the district and which is not exempt from
 2-4     regulation by the district.  A fee may be based on the size of
 2-5     column pipe used by the well or on the actual, authorized, or
 2-6     anticipated amount of water to be withdrawn from the well.
 2-7           (b)  The initial fee shall be based on the amount of water to
 2-8     be withdrawn from the well.  The initial fee:
 2-9                 (1)  may not exceed:
2-10                       (A)  $0.25 per acre-foot for water used for
2-11     irrigating agricultural crops or operating existing steam electric
2-12     stations; or
2-13                       (B)  $0.0425 per thousand gallons for water used
2-14     for any other purpose; and
2-15                 (2)  may be increased at a cumulative rate not to
2-16     exceed three percent per year.
2-17           (c)  In addition to the fee authorized under Subsection (b)
2-18     of this section, the district may impose a reasonable fee or
2-19     surcharge for an export fee using one of the following methods:
2-20                 (1)  a fee negotiated between the district and the
2-21     transporter; or
2-22                 (2)  a rate not to exceed the equivalent of the
2-23     district's tax rate per hundred dollars of valuation for each
2-24     thousand gallons of water transferred out of the district or 2.5
2-25     cents per thousand gallons of water, if the district assesses a tax
2-26     rate of less than 2.5 cents per hundred dollars of valuation.
2-27           (d)  Fees authorized by this section may be assessed annually
2-28     and may be used to fund the cost of operations of the district or
2-29     the Central Carrizo-Wilcox Coordinating Council.
2-30           SECTION 2.07.  EXEMPTIONS. (a)  The district may exempt wells
2-31     under Section 36.117, Water Code, from the requirements to obtain a
2-32     drilling permit, an operating permit, or any other permit required
2-33     by Chapter 36, Water Code, or the district's rules.
2-34           (b)  The district may not require a permit for:
2-35                 (1)  a well used solely for domestic use or for
2-36     providing water for livestock or poultry on a tract of land larger
2-37     than 10 acres that is either drilled, completed, or equipped so
2-38     that it is incapable of producing more than 25,000 gallons of
2-39     groundwater a day;
2-40                 (2)  the drilling of a water well used solely to supply
2-41     water for a rig that is actively engaged in drilling or exploration
2-42     operations for an oil or gas well permitted by the Railroad
2-43     Commission of Texas provided that the person holding the permit is
2-44     responsible for drilling and operating the water well and the well
2-45     is located on the same lease or field associated with the drilling
2-46     rig; or
2-47                 (3)  the drilling of a water well authorized under a
2-48     permit issued by the Railroad Commission of Texas under Chapter
2-49     134, Natural Resources Code, or for production from any such well
2-50     to the extent the withdrawals are required for mining activities
2-51     regardless of any subsequent use of the water.
2-52           (c)  The district shall not deny the owner of a tract of
2-53     land, or his lessee, who has no well equipped to produce more than
2-54     25,000 gallons a day on the tract, either a permit to drill a well
2-55     on his land or the privilege to produce groundwater from his land,
2-56     subject to the rules of the district.
2-57           (d)  The district may not restrict the production of any well
2-58     that is exempt from permitting under Subsection (b)(1) of this
2-59     section.
2-60           (e)  Notwithstanding Subsection (b) of this section, the
2-61     district may require a well to be permitted by the district and to
2-62     comply with all district rules if:
2-63                 (1)  the purpose of a well exempted under Subsection
2-64     (b)(2) of this section is no longer solely to supply water for a
2-65     rig that is actively engaged in drilling or exploration operations
2-66     for an oil or gas well permitted by the Railroad Commission of
2-67     Texas; or
2-68                 (2)  the withdrawals from a well exempted under
2-69     Subsection (b)(3) of this section are no longer necessary for
 3-1     mining activities or are greater than the amount necessary for
 3-2     mining activities specified in the permit issued by the Railroad
 3-3     Commission of Texas under Chapter 134, Natural Resources Code.
 3-4           (f)  An entity holding a permit issued by the Railroad
 3-5     Commission of Texas under Chapter 134, Natural Resources Code, that
 3-6     authorizes the drilling of a water well shall report monthly to the
 3-7     district:
 3-8                 (1)  the total amount of water withdrawn during the
 3-9     month;
3-10                 (2)  the quantity of water necessary for mining
3-11     activities; and
3-12                 (3)  the quantity of water withdrawn for other
3-13     purposes.
3-14           (g)  Notwithstanding Subsection (e) of this section, the
3-15     district may not require a well exempted under Subsection (b)(3) of
3-16     this section to comply with the spacing requirements of the
3-17     district.
3-18           (h)  The district shall not deny an application for a permit
3-19     to drill and produce water for hydrocarbon production activities if
3-20     the application meets the spacing, density, and production rules
3-21     applicable to all permitted water wells in the district.
3-22           (i)  A water well exempted under Subsection (a) or (b) of
3-23     this section may:
3-24                 (1)  be registered in accordance with rules promulgated
3-25     by the district; and
3-26                 (2)  be equipped and maintained so as to conform to the
3-27     district's rules requiring installation of casing, pipe, and
3-28     fittings to prevent the escape of groundwater from a groundwater
3-29     reservoir to any reservoir not containing groundwater and to
3-30     prevent the pollution or harmful alteration of the character of the
3-31     water in any groundwater reservoir.
3-32           (j)  The district may require the driller of a well exempted
3-33     under Subsection (a) or (b) of this section to file the drilling
3-34     log with the district.
3-35           (k)  A well to supply water for a subdivision of land for
3-36     which a plat approval is required by Chapter 232, Local Government
3-37     Code, is not exempted under Subsection (b) of this section.
3-38           (l)  Groundwater withdrawn from a well exempt from permitting
3-39     or regulation under this section and subsequently transported
3-40     outside the boundaries of the district shall be subject to any
3-41     applicable production and export fees under Section 2.07 of this
3-42     article.
3-43           (m)  This section applies to water wells, including water
3-44     wells used to supply water for activities related to the
3-45     exploration or production of hydrocarbons or minerals.  This
3-46     section does not apply to production or injection wells drilled for
3-47     oil, gas, sulphur, uranium, or brine, or for core tests, or for
3-48     injection of gas, saltwater, or other fluids, under permits issued
3-49     by the Railroad Commission of Texas.
3-50           SECTION 2.08.  MITIGATION ASSISTANCE. In addition to the
3-51     authority granted under Chapter 36, Water Code, the district may
3-52     assist in the mediation between landowners regarding the mitigation
3-53     of the loss of existing groundwater supply of exempt domestic and
3-54     livestock users due to the groundwater pumping of others.
3-55           SECTION 2.09.  MEMBERSHIP ON COORDINATING COUNCIL. The
3-56     district is a member of the Central Carrizo-Wilcox Coordinating
3-57     Council created by Section 5.01(a) of this Act.
3-58           SECTION 2.10.  MANAGEMENT PLAN. The district shall develop or
3-59     contract to develop its own management plan under Section 36.1071,
3-60     Water Code, and submit it to the Central Carrizo-Wilcox
3-61     Coordinating Council to be included in the management plan
3-62     developed by the Central Carrizo-Wilcox Coordinating Council under
3-63     Section 5.06 of this Act.
3-64           SECTION 2.11.  PERMITTING. The district shall issue permits
3-65     for wells based on the consideration of whether:
3-66                 (1)  the application conforms to the requirements
3-67     prescribed by Chapter 36, Water Code, and is accompanied by the
3-68     prescribed fees;
3-69                 (2)  the proposed use of water unreasonably affects
 4-1     existing groundwater and surface water resources or existing permit
 4-2     holders;
 4-3                 (3)  the proposed use of water is dedicated to any
 4-4     beneficial use;
 4-5                 (4)  the proposed use of water is consistent with the
 4-6     district's certified water management plan;
 4-7                 (5)  the applicant has agreed to avoid waste and
 4-8     achieve water conservation; and
 4-9                 (6)  the applicant has agreed that reasonable diligence
4-10     will be used to protect groundwater quality and that the applicant
4-11     will follow well plugging guidelines at the time of well closure.
4-12           SECTION 2.12.  BOARD OF DIRECTORS. (a)  The district is
4-13     governed by a board of eight directors.
4-14           (b)  Initial directors serve until permanent directors are
4-15     appointed under Section 2.14 of this article and qualified as
4-16     required by Subsection (d) of this section.
4-17           (c)  Permanent directors serve four-year staggered terms.
4-18           (d)  Each director must qualify to serve as a director in the
4-19     manner provided by Section 36.055, Water Code.
4-20           (e)  A director serves until the director's successor has
4-21     qualified.
4-22           (f)  A director may serve consecutive terms.
4-23           (g)  If there is a vacancy on the board, the governing body
4-24     of the entity that appointed the director who vacated the office
4-25     shall appoint a director to serve the remainder of the term.
4-26           (h)  Directors are not entitled to receive compensation for
4-27     serving as a director but may be reimbursed for actual, reasonable
4-28     expenses incurred in the discharge of official duties.
4-29           (i)  A majority vote of a quorum is required for board
4-30     action.  If there is a tie vote, the proposed action fails.
4-31           SECTION 2.13.  APPOINTMENT OF DIRECTORS. (a)  The Robertson
4-32     County Commissioners Court shall appoint four directors, of whom:
4-33                 (1)  one must represent municipal interests in the
4-34     county;
4-35                 (2)  one must represent agricultural interests in the
4-36     county;
4-37                 (3)  one must represent rural water suppliers'
4-38     interests in the county; and
4-39                 (4)  one must represent industrial interests in the
4-40     county.
4-41           (b)  The Brazos County Commissioners Court shall appoint two
4-42     directors, of whom:
4-43                 (1)  one must represent rural water suppliers'
4-44     interests in the county; and
4-45                 (2)  one must represent agricultural interests in the
4-46     county.
4-47           (c)  The governing body of the City of Bryan, with the
4-48     approval of the Brazos County Commissioners Court, shall appoint
4-49     one director.
4-50           (d)  The governing body of the City of College Station, with
4-51     the approval of the Brazos County Commissioners Court, shall
4-52     appoint one director.
4-53           (e)  Each of the governing bodies authorized by this section
4-54     to make an appointment shall appoint the appropriate number of
4-55     initial directors as soon as practicable following the effective
4-56     date of this Act, but not later than the 45th day after the
4-57     effective date of this Act.
4-58           (f)  The four initial directors from Robertson County shall
4-59     draw lots to determine their terms.  Two initial directors from
4-60     Robertson County and the two initial directors from Brazos County
4-61     serve terms that expire on January 1 of the second year following
4-62     the confirmation of the district at an election held under Section
4-63     2.16 of this article.  The remaining four initial directors serve
4-64     terms that expire on January 1 of the fourth year following the
4-65     confirmation of the district.  On January 1 of the second year
4-66     following confirmation of the district and every two years after
4-67     that date, the appropriate governing body shall appoint the
4-68     appropriate number of permanent directors.
4-69           SECTION 2.14.  ORGANIZATIONAL MEETING. As soon as practicable
 5-1     after all the initial directors have been appointed and have
 5-2     qualified as provided in this article, a majority of the directors
 5-3     shall convene the organizational meeting of the district at a
 5-4     location within the district agreeable to a majority of the
 5-5     directors.  If no location can be agreed on, the organizational
 5-6     meeting of the directors shall be at the Robertson County
 5-7     Courthouse.
 5-8           SECTION 2.15.  CONFIRMATION ELECTION. (a)  The initial board
 5-9     of directors shall call and hold an election on the same date in
5-10     each county within the district to confirm the creation of the
5-11     district.
5-12           (b)  Except as provided by this section, a confirmation
5-13     election must be conducted as provided by Sections 36.017, 36.018,
5-14     and 36.019, Water Code, and Section 41.001, Election Code.
5-15           (c)  Confirmation of the district requires a vote in favor of
5-16     confirmation by a majority of the qualified voters voting in the
5-17     election.
5-18           (d)  If the establishment of the district is not confirmed by
5-19     an election held under this section before the second anniversary
5-20     of the effective date of this Act, the district is dissolved and
5-21     this article expires on that date.
5-22       ARTICLE 3.  POST OAK SAVANNAH GROUNDWATER CONSERVATION DISTRICT
5-23           SECTION 3.01.  CREATION. (a)  A groundwater conservation
5-24     district, to be known as the Post Oak Savannah Groundwater
5-25     Conservation District, is created in Milam and Burleson counties,
5-26     subject to approval at a confirmation election under Section 3.15
5-27     of this article.  The district is a governmental agency and a body
5-28     politic and corporate.
5-29           (b)  The district is created under and is essential to
5-30     accomplish the purposes of Section 59, Article XVI, Texas
5-31     Constitution.
5-32           SECTION 3.02.  DEFINITION. In this article, "district" means
5-33     the Post Oak Savannah Groundwater Conservation District.
5-34           SECTION 3.03.  BOUNDARIES. The boundaries of the district are
5-35     coextensive with the boundaries of Milam and Burleson counties.
5-36           SECTION 3.04.  FINDING OF BENEFIT. All of the land and other
5-37     property included within the boundaries of the district will be
5-38     benefited by the works and projects that are to be accomplished by
5-39     the district under powers conferred by Section 59, Article XVI,
5-40     Texas Constitution.  The district is created to serve a public use
5-41     and benefit.
5-42           SECTION 3.05.  GENERAL POWERS. (a)  Except as otherwise
5-43     provided by this article, the district has all of the rights,
5-44     powers, privileges, authority, functions, and duties provided by
5-45     the general law of this state, including Chapter 36, Water Code,
5-46     applicable to groundwater conservation districts created under
5-47     Section 59, Article XVI, Texas Constitution.  This article prevails
5-48     over any provision of general law that is in conflict or
5-49     inconsistent with this article, including any provision of Chapter
5-50     36, Water Code.
5-51           (b)  The district does not have the authority granted by the
5-52     following provisions of Chapter 36, Water Code:
5-53                 (1)  Section 36.105, relating to eminent domain; and
5-54                 (2)  Sections 36.020 and 36.201-36.204, relating to
5-55     taxes.
5-56           SECTION 3.06.  FEES. (a)  The board of directors of the
5-57     district by rule may impose reasonable fees on each well for which
5-58     a permit is issued by the district and which is not exempt from
5-59     regulation by the district.  A fee may be based on the size of
5-60     column pipe used by the well or on the actual, authorized, or
5-61     anticipated amount of water to be withdrawn from the well.
5-62           (b)  Fees may not exceed:
5-63                 (1)  one dollar per acre-foot for water used for
5-64     irrigating agricultural crops; or
5-65                 (2)  17 cents per thousand gallons for water used for
5-66     any other purpose.
5-67           (c)  In addition to the fee authorized under Subsection (b)
5-68     of this section, the district may impose a reasonable fee or
5-69     surcharge for an export fee using one of the following methods:
 6-1                 (1)  a fee negotiated between the district and the
 6-2     transporter; or
 6-3                 (2)  a rate not to exceed the equivalent of the
 6-4     district's tax rate per hundred dollars of valuation for each
 6-5     thousand gallons of water transferred out of the district or 2.5
 6-6     cents per thousand gallons of water, if the district assesses a tax
 6-7     rate of less than 2.5 cents per hundred dollars of valuation.
 6-8           (d)  Fees authorized by this section may be assessed annually
 6-9     and may be used to fund the cost of operations of the district or
6-10     the Central Carrizo-Wilcox Coordinating Council.
6-11           SECTION 3.07.  EXEMPTIONS. (a)  The district may exempt wells
6-12     under Section 36.117, Water Code, from the requirements to obtain a
6-13     drilling permit, an operating permit, or any other permit required
6-14     by Chapter 36, Water Code, or the district's rules.
6-15           (b)  The district may not require a permit for:
6-16                 (1)  a well used solely for domestic use or for
6-17     providing water for livestock or poultry on a tract of land larger
6-18     than 10 acres that is either drilled, completed, or equipped so
6-19     that it is incapable of producing more than 25,000 gallons of
6-20     groundwater a day;
6-21                 (2)  the drilling of a water well used solely to supply
6-22     water for a rig that is actively engaged in drilling or exploration
6-23     operations for an oil or gas well permitted by the Railroad
6-24     Commission of Texas provided that the person holding the permit is
6-25     responsible for drilling and operating the water well and the well
6-26     is located on the same lease or field associated with the drilling
6-27     rig; or
6-28                 (3)  the drilling of a water well authorized under a
6-29     permit issued by the Railroad Commission of Texas under Chapter
6-30     134, Natural Resources Code, or for production from any such well
6-31     to the extent the withdrawals are required for mining activities
6-32     regardless of any subsequent use of the water.
6-33           (c)  The district shall not deny the owner of a tract of
6-34     land, or his lessee, who has no well equipped to produce more than
6-35     25,000 gallons a day on the tract, either a permit to drill a well
6-36     on his land or the privilege to produce groundwater from his land,
6-37     subject to the rules of the district.
6-38           (d)  The district may not restrict the production of any well
6-39     that is exempt from permitting under Subsection (b)(1) of this
6-40     section.
6-41           (e)  Notwithstanding Subsection (b) of this section, the
6-42     district may require a well to be permitted by the district and to
6-43     comply with all district rules if:
6-44                 (1)  the purpose of a well exempted under Subsection
6-45     (b)(2) of this section is no longer solely to supply water for a
6-46     rig that is actively engaged in drilling or exploration operations
6-47     for an oil or gas well permitted by the Railroad Commission of
6-48     Texas; or
6-49                 (2)  the withdrawals from a well exempted under
6-50     Subsection (b)(3) of this section are no longer necessary for
6-51     mining activities or are greater than the amount necessary for
6-52     mining activities specified in the permit issued by the Railroad
6-53     Commission of Texas under Chapter 134, Natural Resources Code.
6-54           (f)  An entity holding a permit issued by the Railroad
6-55     Commission of Texas under Chapter 134, Natural Resources Code, that
6-56     authorizes the drilling of a water well shall report monthly to the
6-57     district:
6-58                 (1)  the total amount of water withdrawn during the
6-59     month;
6-60                 (2)  the quantity of water necessary for mining
6-61     activities; and
6-62                 (3)  the quantity of water withdrawn for other
6-63     purposes.
6-64           (g)  Notwithstanding Subsection (e) of this section, a
6-65     district may not require a well exempted under Subsection (b)(3) of
6-66     this section to comply with the spacing requirements of the
6-67     district.
6-68           (h)  The district shall not deny an application for a permit
6-69     to drill and produce water for hydrocarbon production activities if
 7-1     the application meets the spacing, density, and production rules
 7-2     applicable to all permitted water wells in the district.
 7-3           (i)  A water well exempted under Subsection (a) or (b) of
 7-4     this section may:
 7-5                 (1)  be registered in accordance with rules promulgated
 7-6     by the district; and
 7-7                 (2)  be equipped and maintained so as to conform to the
 7-8     district's rules requiring installation of casing, pipe, and
 7-9     fittings to prevent the escape of groundwater from a groundwater
7-10     reservoir to any reservoir not containing groundwater and to
7-11     prevent the pollution or harmful alteration of the character of the
7-12     water in any groundwater reservoir.
7-13           (j)  The district may require the driller of a well exempted
7-14     under Subsection (a) or (b) of this section to file the drilling
7-15     log with the district.
7-16           (k)  A well to supply water for a subdivision of land for
7-17     which a plat approval is required by Chapter 232, Local Government
7-18     Code, is not exempted under Subsection (b) of this section.
7-19           (l)  Groundwater withdrawn from a well exempt from permitting
7-20     or regulation under this section and subsequently transported
7-21     outside the boundaries of the district shall be subject to any
7-22     applicable production and export fees under Section 3.06 of this
7-23     article.
7-24           (m)  This section applies to water wells, including water
7-25     wells used to supply water for activities related to the
7-26     exploration or production of hydrocarbons or minerals.  This
7-27     section does not apply to production or injection wells drilled for
7-28     oil, gas, sulphur, uranium, or brine, or for core tests, or for
7-29     injection of gas, saltwater, or other fluids, under permits issued
7-30     by the Railroad Commission of Texas.
7-31           SECTION 3.08.  MITIGATION ASSISTANCE. In addition to the
7-32     authority granted under Chapter 36, Water Code, the district may
7-33     assist in the mediation between landowners regarding the mitigation
7-34     of the loss of existing groundwater supply of exempt domestic and
7-35     livestock users due to the groundwater pumping of others.
7-36           SECTION 3.09.  MEMBERSHIP ON COORDINATING COUNCIL. The
7-37     district is a member of the Central Carrizo-Wilcox Coordinating
7-38     Council created by Section 5.01(a) of this Act.
7-39           SECTION 3.10.  MANAGEMENT PLAN. The district shall develop or
7-40     contract to develop its own management plan under Section 36.1071,
7-41     Water Code, and submit it to the Central Carrizo-Wilcox
7-42     Coordinating Council to be included in the management plan
7-43     developed by the Central Carrizo-Wilcox Coordinating Council under
7-44     Section 5.06 of this Act.
7-45           SECTION 3.11.  PERMITTING. The district shall issue permits
7-46     for wells based on the consideration of whether:
7-47                 (1)  the application conforms to the requirements
7-48     prescribed by Chapter 36, Water Code, and is accompanied by the
7-49     prescribed fees;
7-50                 (2)  the proposed use of water unreasonably affects
7-51     existing groundwater and surface water resources or existing permit
7-52     holders;
7-53                 (3)  the proposed use of water is dedicated to any
7-54     beneficial use;
7-55                 (4)  the proposed use of water is consistent with the
7-56     district's certified water management plan;
7-57                 (5)  the applicant has agreed to avoid waste and
7-58     achieve water conservation; and
7-59                 (6)  the applicant has agreed that reasonable diligence
7-60     will be used to protect groundwater quality and that the applicant
7-61     will follow well plugging guidelines at the time of well closure.
7-62           SECTION 3.12.  BOARD OF DIRECTORS.  (a)  The district is
7-63     governed by a board of 10 directors.
7-64           (b)  Initial directors serve until permanent directors are
7-65     appointed under Section 3.13 of this article and qualified as
7-66     required by Subsection (d) of this section.
7-67           (c)  Permanent directors serve four-year staggered terms.
7-68           (d)  Each director must qualify to serve as a director in the
7-69     manner provided by Section 36.055, Water Code.
 8-1           (e)  A director serves until the director's successor has
 8-2     qualified.
 8-3           (f)  A director may serve consecutive terms.
 8-4           (g)  If there is a vacancy on the board, the governing body
 8-5     of the entity that appointed the director who vacated the office
 8-6     shall appoint a director to serve the remainder of the term.
 8-7           (h)  Directors are not entitled to receive compensation for
 8-8     serving as a director but may be reimbursed for actual, reasonable
 8-9     expenses incurred in the discharge of official duties.
8-10           (i)  A quorum exists when at least two-thirds of the board
8-11     members are present.  A majority vote of a quorum is required for
8-12     board action.  If there is a tie vote, the proposed action fails.
8-13           SECTION 3.13.  APPOINTMENT OF DIRECTORS. (a)  The Milam
8-14     County Commissioners Court shall appoint five directors, of whom:
8-15                 (1)  one must represent municipal interests in the
8-16     county;
8-17                 (2)  one must represent agricultural interests in the
8-18     county;
8-19                 (3)  one must represent rural water suppliers'
8-20     interests in the county;
8-21                 (4)  one must represent industrial interests in the
8-22     county; and
8-23                 (5)  one must represent the interests of the county at
8-24     large.
8-25           (b)  The Burleson County Commissioners Court shall appoint
8-26     five directors, of whom:
8-27                 (1)  one must represent municipal interests in the
8-28     county;
8-29                 (2)  one must represent agricultural interests in the
8-30     county;
8-31                 (3)  one must represent rural water suppliers'
8-32     interests in the county;
8-33                 (4)  one must represent industrial interests in the
8-34     county; and
8-35                 (5)  one must represent the interests of the county at
8-36     large.
8-37           (c)  Each of the governing bodies authorized by this section
8-38     to make an appointment shall appoint the appropriate number of
8-39     initial directors as soon as practicable following the effective
8-40     date of this Act, but not later than the 45th day after the
8-41     effective date of this Act.
8-42           (d)  The initial directors shall draw lots to determine their
8-43     terms.  Two initial directors from Milam County and two initial
8-44     directors from Burleson County serve terms that expire on January 1
8-45     of the second year following the confirmation of the district at an
8-46     election held under Section 3.15 of this article.  The remaining
8-47     six initial directors serve terms that expire on January 1 of the
8-48     fourth year following the confirmation of the district.  On January
8-49     1 of the second year following confirmation of the district and
8-50     every two years after that date, the appropriate commissioners
8-51     court shall appoint the appropriate number of permanent directors.
8-52           SECTION 3.14.  ORGANIZATIONAL MEETING. As soon as practicable
8-53     after all the initial directors have been appointed and have
8-54     qualified as provided in this article, a majority of the directors
8-55     shall convene the organizational meeting of the district at a
8-56     location within the district agreeable to a majority of the
8-57     directors.  If no location can be agreed on, the organizational
8-58     meeting of the directors shall be at the Milam County Courthouse.
8-59           SECTION 3.15.  CONFIRMATION ELECTION. (a)  The initial board
8-60     of directors shall call and hold an election on the same date in
8-61     each county within the district to confirm the creation of the
8-62     district.
8-63           (b)  Except as provided by this section, a confirmation
8-64     election must be conducted as provided by Sections 36.017, 36.018,
8-65     and 36.019, Water Code, and Section 41.001, Election Code.
8-66           (c)  Confirmation of the district requires a vote in favor of
8-67     confirmation by a majority of the qualified voters voting in the
8-68     election.
8-69           (d)  If the establishment of the district is not confirmed by
 9-1     an election held under this section before the second anniversary
 9-2     of the effective date of this Act, the district is dissolved and
 9-3     this article expires on that date.
 9-4           SECTION 3.16.  NONBINDING REFERENDUM ON METHOD OF SELECTING
 9-5     DIRECTORS. The ballot for the confirmation election shall contain a
 9-6     separate nonbinding ballot proposition to allow the qualified
 9-7     voters of the district to express their preference regarding the
 9-8     method of selecting directors for the district. The ballot
 9-9     proposition shall be printed to permit voting for one of the
9-10     following:  "The appointment of directors to the district board" or
9-11     "The election of directors to the district board."
9-12        ARTICLE 4.  MID-EAST TEXAS GROUNDWATER CONSERVATION DISTRICT
9-13           SECTION 4.01.  CREATION. (a)  A groundwater conservation
9-14     district, to be known as the Mid-East Texas Groundwater
9-15     Conservation District, is created in Leon, Madison, and Freestone
9-16     counties, subject to approval at a confirmation election under
9-17     Section 4.15 of this article.  The district is a governmental
9-18     agency and a body politic and corporate.
9-19           (b)  The district is created under and is essential to
9-20     accomplish the purposes of Section 59, Article XVI, Texas
9-21     Constitution.
9-22           SECTION 4.02.  DEFINITION. In this article, "district" means
9-23     the Mid-East Texas Groundwater Conservation District.
9-24           SECTION 4.03.  BOUNDARIES. The boundaries of the district are
9-25     coextensive with the boundaries of Leon, Madison, and Freestone
9-26     counties.
9-27           SECTION 4.04.  FINDING OF BENEFIT. All of the land and other
9-28     property included within the boundaries of the district will be
9-29     benefited by the works and projects that are to be accomplished by
9-30     the district under powers conferred by Section 59, Article XVI,
9-31     Texas Constitution.  The district is created to serve a public use
9-32     and benefit.
9-33           SECTION 4.05.  GENERAL POWERS. (a)  Except as otherwise
9-34     provided by this article, the district has all of the rights,
9-35     powers, privileges, authority, functions, and duties provided by
9-36     the general law of this state, including Chapter 36, Water Code,
9-37     applicable to groundwater conservation districts created under
9-38     Section 59, Article XVI, Texas Constitution.  This article prevails
9-39     over any provision of general law that is in conflict or
9-40     inconsistent with this article, including any provision of Chapter
9-41     36, Water Code.
9-42           (b)  The district does not have the authority granted by the
9-43     following provisions of Chapter 36, Water Code:
9-44                 (1)  Section 36.105, relating to eminent domain; and
9-45                 (2)  Sections 36.020 and 36.201-36.204, relating to
9-46     taxes.
9-47           SECTION 4.06.  FEES. (a)  The board of directors of the
9-48     district by rule may impose reasonable fees on each well for which
9-49     a permit is issued by the district and which is not exempt from
9-50     regulation by the district.  A fee may be based on the size of
9-51     column pipe used by the well or on the actual, authorized, or
9-52     anticipated amount of water to be withdrawn from the well.
9-53           (b)  Fees may not exceed:
9-54                 (1)  one dollar per acre-foot for water used for
9-55     irrigating agricultural crops; or
9-56                 (2)  17 cents per thousand gallons for water used for
9-57     any other purpose.
9-58           (c)  In addition to the fee authorized under Subsection (b)
9-59     of this section, the district may impose a reasonable fee or
9-60     surcharge for an export fee using one of the following methods:
9-61                 (1)  a fee negotiated between the district and the
9-62     transporter; or
9-63                 (2)  a rate not to exceed the equivalent of the
9-64     district's tax rate per hundred dollars of valuation for each
9-65     thousand gallons of water transferred out of the district or 2.5
9-66     cents per thousand gallons of water, if the district assesses a tax
9-67     rate of less than 2.5 cents per hundred dollars of valuation.
9-68           (d)  Fees authorized by this section may be assessed annually
9-69     and may be used to fund the cost of operations of the district or
 10-1    the Central Carrizo-Wilcox Coordinating Council.
 10-2          SECTION 4.07.  EXEMPTIONS. (a)  The district may exempt wells
 10-3    under Section 36.117, Water Code, from the requirements to obtain a
 10-4    drilling permit, an operating permit, or any other permit required
 10-5    by Chapter 36, Water Code, or the district's rules.
 10-6          (b)  The district may not require a permit for:
 10-7                (1)  a well used solely for domestic use or for
 10-8    providing water for livestock or poultry on a tract of land larger
 10-9    than 10 acres that is either drilled, completed, or equipped so
10-10    that it is incapable of producing more than 25,000 gallons of
10-11    groundwater a day;
10-12                (2)  the drilling of a water well used solely to supply
10-13    water for a rig that is actively engaged in drilling or exploration
10-14    operations for an oil or gas well permitted by the Railroad
10-15    Commission of Texas provided that the person holding the permit is
10-16    responsible for drilling and operating the water well and the well
10-17    is located on the same lease or field associated with the drilling
10-18    rig; or
10-19                (3)  the drilling of a water well authorized under a
10-20    permit issued by the Railroad Commission of Texas under Chapter
10-21    134, Natural Resources Code, or for production from any such well
10-22    to the extent the withdrawals are required for mining activities
10-23    regardless of any subsequent use of the water.
10-24          (c)  The district shall not deny the owner of a tract of
10-25    land, or his lessee, who has no well equipped to produce more than
10-26    25,000 gallons a day on the tract, either a permit to drill a well
10-27    on his land or the privilege to produce groundwater from his land,
10-28    subject to the rules of the district.
10-29          (d)  The district may not restrict the production of any well
10-30    that is exempt from permitting under Subsection (b)(1) of this
10-31    section.
10-32          (e)  Notwithstanding Subsection (b) of this section, the
10-33    district may require a well to be permitted by the district and to
10-34    comply with all district rules if:
10-35                (1)  the purpose of a well exempted under Subsection
10-36    (b)(2) of this section is no longer solely to supply water for a
10-37    rig that is actively engaged in drilling or exploration operations
10-38    for an oil or gas well permitted by the Railroad Commission of
10-39    Texas; or
10-40                (2)  the withdrawals from a well exempted under
10-41    Subsection (b)(3) of this section are no longer necessary for
10-42    mining activities or are greater than the amount necessary for
10-43    mining activities specified in the permit issued by the Railroad
10-44    Commission of Texas under Chapter 134, Natural Resources Code.
10-45          (f)  An entity holding a permit issued by the Railroad
10-46    Commission of Texas under Chapter 134, Natural Resources Code, that
10-47    authorizes the drilling of a water well shall report monthly to the
10-48    district:
10-49                (1)  the total amount of water withdrawn during the
10-50    month;
10-51                (2)  the quantity of water necessary for mining
10-52    activities; and
10-53                (3)  the quantity of water withdrawn for other
10-54    purposes.
10-55          (g)  Notwithstanding Subsection (e) of this section, the
10-56    district may not require a well exempted under Subsection (b)(3) of
10-57    this section to comply with the spacing requirements of the
10-58    district.
10-59          (h)  The district shall not deny an application for a permit
10-60    to drill and produce water for hydrocarbon production activities if
10-61    the application meets the spacing, density, and production rules
10-62    applicable to all permitted water wells in the district.
10-63          (i)  A water well exempted under Subsection (a) or (b) of
10-64    this section may:
10-65                (1)  be registered in accordance with rules promulgated
10-66    by the district; and
10-67                (2)  be equipped and maintained so as to conform to the
10-68    district's rules requiring installation of casing, pipe, and
10-69    fittings to prevent the escape of groundwater from a groundwater
 11-1    reservoir to any reservoir not containing groundwater and to
 11-2    prevent the pollution or harmful alteration of the character of the
 11-3    water in any groundwater reservoir.
 11-4          (j)  The district may require the driller of a well exempted
 11-5    under Subsection (a) or (b) of this section to file the drilling
 11-6    log with the district.
 11-7          (k)  A well to supply water for a subdivision of land for
 11-8    which a plat approval is required by Chapter 232, Local Government
 11-9    Code, is not exempted under Subsection (b) of this section.
11-10          (l)  Groundwater withdrawn from a well exempt from permitting
11-11    or regulation under this section and subsequently transported
11-12    outside the boundaries of the district shall be subject to any
11-13    applicable production and export fees under Section 4.06 of this
11-14    article.
11-15          (m)  This section applies to water wells, including water
11-16    wells used to supply water for activities related to the
11-17    exploration or production of hydrocarbons or minerals.  This
11-18    section does not apply to production or injection wells drilled for
11-19    oil, gas, sulphur, uranium, or brine, or for core tests, or for
11-20    injection of gas, saltwater, or other fluids, under permits issued
11-21    by the Railroad Commission of Texas.
11-22          SECTION 4.08.  MITIGATION ASSISTANCE. In addition to the
11-23    authority granted under Chapter 36, Water Code, the district may
11-24    assist in the mediation between landowners regarding the mitigation
11-25    of the loss of existing groundwater supply of exempt domestic and
11-26    livestock users due to the groundwater pumping of others.
11-27          SECTION 4.09.  MEMBERSHIP ON COORDINATING COUNCIL. The
11-28    district is a member of the Central Carrizo-Wilcox Coordinating
11-29    Council created by Section 5.01(a) of this Act.
11-30          SECTION 4.10.  MANAGEMENT PLAN. The district shall develop or
11-31    contract to develop its own management plan under Section 36.1071,
11-32    Water Code, and submit it to the Central Carrizo-Wilcox
11-33    Coordinating Council to be included in the management plan
11-34    developed by the Central Carrizo-Wilcox Coordinating Council under
11-35    Section 5.06 of this Act.
11-36          SECTION 4.11.  PERMITTING. The district shall issue permits
11-37    for wells based on the consideration of whether:
11-38                (1)  the application conforms to the requirements
11-39    prescribed by Chapter 36, Water Code, and is accompanied by the
11-40    prescribed fees;
11-41                (2)  the proposed use of water unreasonably affects
11-42    existing groundwater and surface water resources or existing permit
11-43    holders;
11-44                (3)  the proposed use of water is dedicated to any
11-45    beneficial use;
11-46                (4)  the proposed use of water is consistent with the
11-47    district's certified water management plan;
11-48                (5)  the applicant has agreed to avoid waste and
11-49    achieve water conservation; and
11-50                (6)  the applicant has agreed that reasonable diligence
11-51    will be used to protect groundwater quality and that the applicant
11-52    will follow well plugging guidelines at the time of well closure.
11-53          SECTION 4.12.  BOARD OF DIRECTORS. (a)  The district is
11-54    governed by a board of nine directors.
11-55          (b)  Initial directors serve until permanent directors are
11-56    appointed under Section 4.13 of this article and qualified as
11-57    required by Subsection (d) of this section.
11-58          (c)  Permanent directors serve four-year staggered terms.
11-59          (d)  Each director must qualify to serve as a director in the
11-60    manner provided by Section 36.055, Water Code.
11-61          (e)  A director serves until the director's successor has
11-62    qualified.
11-63          (f)  A director may serve consecutive terms.
11-64          (g)  If there is a vacancy on the board, the governing body
11-65    of the entity that appointed the director who vacated the office
11-66    shall appoint a director to serve the remainder of the term.
11-67          (h)  Directors are not entitled to receive compensation for
11-68    serving as a director but may be reimbursed for actual, reasonable
11-69    expenses incurred in the discharge of official duties.
 12-1          (i)  A majority vote of a quorum is required for board
 12-2    action.  If there is a tie vote, the proposed action fails.
 12-3          SECTION 4.13.  APPOINTMENT OF DIRECTORS. (a)  The Leon County
 12-4    Commissioners Court shall appoint three directors, of whom:
 12-5                (1)  one must represent the interests of rural water
 12-6    suppliers or municipalities in the county, or both;
 12-7                (2)  one must represent agricultural interests in the
 12-8    county; and
 12-9                (3)  one must represent industrial interests in the
12-10    county.
12-11          (b)  The Madison County Commissioners Court shall appoint
12-12    three directors, of whom:
12-13                (1)  one must represent the interests of rural water
12-14    suppliers or municipalities in the county, or both;
12-15                (2)  one must represent agricultural interests in the
12-16    county; and
12-17                (3)  one must represent industrial interests in the
12-18    county.
12-19          (c)  The Freestone County Commissioners Court shall appoint
12-20    three directors, of whom:
12-21                (1)  one must represent the interests of rural water
12-22    suppliers or municipalities in the county, or both;
12-23                (2)  one must represent agricultural interests in the
12-24    county; and
12-25                (3)  one must represent industrial interests in the
12-26    county.
12-27          (d)  Each of the governing bodies authorized by this section
12-28    to make an appointment shall appoint the appropriate number of
12-29    initial directors as soon as practicable following the effective
12-30    date of this Act, but not later than the 45th day after the
12-31    effective date of this Act.
12-32          (e)  The initial directors shall draw lots to determine their
12-33    terms.  A simple majority of the initial directors, if an odd
12-34    number of initial directors are appointed, or half the initial
12-35    directors, if an even number of initial directors are appointed,
12-36    serve terms that expire on January 1 of the fourth year following
12-37    the confirmation of the district at an election held under Section
12-38    4.15 of this article.  The remaining initial directors serve terms
12-39    that expire on January 1 of the second year following the
12-40    confirmation of the district.  On January 1 of the second year
12-41    following confirmation of the district and every two years after
12-42    that date, the appropriate commissioners courts shall appoint the
12-43    appropriate number of permanent directors.
12-44          SECTION 4.14.  ORGANIZATIONAL MEETING. As soon as practicable
12-45    after all the initial directors have been appointed and have
12-46    qualified as provided by this article, a majority of the directors
12-47    shall convene the organizational meeting of the district at a
12-48    location within the district agreeable to a majority of the
12-49    directors.  If no location can be agreed on, the organizational
12-50    meeting of the directors shall be at the Leon County Courthouse.
12-51          SECTION 4.15.  CONFIRMATION ELECTION. (a)  The initial board
12-52    of directors shall call and hold an election on the same date in
12-53    each county within the district to confirm the creation of the
12-54    district.
12-55          (b)  Except as provided by this section, a confirmation
12-56    election must be conducted as provided by Sections 36.017, 36.018,
12-57    and 36.019, Water Code, and Section 41.001, Election Code.
12-58          (c)  If the majority of qualified voters in a county who vote
12-59    in the election vote to confirm the creation of the district, that
12-60    county is included in the district.  If the majority of qualified
12-61    voters in a county who vote in the election vote not to confirm the
12-62    creation of the district, that county is excluded from the
12-63    district.
12-64          (d)  If the creation of the district is not confirmed by an
12-65    election held under this section before the second anniversary of
12-66    the effective date of this Act, the district is dissolved and this
12-67    article expires on that date.
12-68          ARTICLE 5.  CENTRAL CARRIZO-WILCOX COORDINATING COUNCIL
12-69          SECTION 5.01.  CREATION. (a)  The Central Carrizo-Wilcox
 13-1    Coordinating Council is created.
 13-2          (b)  The council is created under and is essential to
 13-3    accomplish the purposes of Section 59, Article XVI, Texas
 13-4    Constitution.
 13-5          (c)  The council is created to provide regional management of
 13-6    groundwater resources within its boundaries in order to preserve a
 13-7    sustainable water supply for the future by protecting, recharging,
 13-8    and preventing the waste of groundwater and by controlling
 13-9    subsidence caused by withdrawal of water from the groundwater
13-10    reservoirs.
13-11          SECTION 5.02.  BOUNDARIES. The boundaries of the Central
13-12    Carrizo-Wilcox Coordinating Council are coextensive with the
13-13    boundaries of Bastrop, Lee, Robertson, Brazos, Milam, Burleson,
13-14    Leon, Madison, and Freestone counties.
13-15          SECTION 5.03.  DEFINITIONS. In this article:
13-16                (1)  "Council" means the Central Carrizo-Wilcox
13-17    Coordinating Council.
13-18                (2)  "District" includes:
13-19                      (A)  the Brazos Valley Groundwater Conservation
13-20    District;
13-21                      (B)  the Post Oak Savannah Groundwater
13-22    Conservation District;
13-23                      (C)  the Mid-East Texas Groundwater Conservation
13-24    District;
13-25                      (D)  the Lost Pines Groundwater Conservation
13-26    District; and
13-27                      (E)  any other groundwater district created in
13-28    Bastrop, Lee, Robertson, Brazos, Milam, Burleson, Leon, Madison, or
13-29    Freestone County, or in any combination of any of those counties.
13-30          SECTION 5.04.  FINDING OF BENEFIT. All of the land and other
13-31    property included within the boundaries of the council will be
13-32    benefited by regional management of groundwater resources and the
13-33    works and projects that are to be accomplished by the council under
13-34    powers conferred by Section 59, Article XVI, Texas Constitution.
13-35    The council is created to serve a public use and benefit.
13-36          SECTION 5.05.  AUTHORITY OF COUNCIL. The council does not
13-37    have the powers granted by Chapter 36, Water Code, except as stated
13-38    in this article and as authorized by the districts.  The failure of
13-39    one or more of the districts' confirmation elections does not
13-40    affect the authority of the council.
13-41          SECTION 5.06.  MANAGEMENT PLAN. (a)  The council shall:
13-42                (1)  coordinate and maintain a management plan for the
13-43    council's coordinating area;
13-44                (2)  collect and maintain data required for management
13-45    of groundwater resources within its boundaries;
13-46                (3)  coordinate the districts regarding management plan
13-47    issues; and
13-48                (4)  disseminate information and monitor implementation
13-49    of the management plan among the districts.
13-50          (b)  The council shall coordinate the comprehensive
13-51    management plan, as required by Sections 36.1071 and 36.1073, Water
13-52    Code, for all of the counties within its boundaries.  In
13-53    coordinating the comprehensive management plan, the council shall
13-54    include and use the management plans developed by the individual
13-55    districts.
13-56          (c)  In the management plan the council may establish an
13-57    annual total groundwater withdrawal limit and equitable allocation
13-58    for each district as determined from an evaluation of the overall
13-59    scientific data of the groundwater resources in the region,
13-60    including the Texas Water Development Board's groundwater
13-61    availability model.  The determination of sustainable groundwater
13-62    withdrawal shall be reviewed at least every five years.  An
13-63    individual district may not restrict the total amount of
13-64    groundwater withdrawn in the district to less than the limit as
13-65    determined from the evaluation of scientific data established under
13-66    this subsection.  If the council establishes an annual total
13-67    groundwater withdrawal limit and that limit is reached, groundwater
13-68    withdrawal used for public water supply inside the boundaries of
13-69    the council may be restricted only by unanimous vote of the
 14-1    council.
 14-2          (d)  On completion of the comprehensive management plan and
 14-3    after approval of the plan by vote of at least 75 percent of the
 14-4    council, the council shall forward a copy of the management plan
 14-5    and any amendment to the plan to the Texas Water Development Board
 14-6    as required by Section 36.1072, Water Code.  In preparing the
 14-7    comprehensive management plan and its amendments, the council shall
 14-8    consider:
 14-9                (1)  the goals of the management plan and its impact on
14-10    planning throughout the management area;
14-11                (2)  the effectiveness of the measures established by
14-12    the management plan for conserving and protecting groundwater and
14-13    preventing waste, and the effectiveness of those measures in the
14-14    management area generally; and
14-15                (3)  any other matters that the council considers
14-16    relevant to the protection and conservation of groundwater and the
14-17    prevention of waste in the management area.
14-18          SECTION 5.07.  MANAGEMENT OF COUNCIL. (a)  The districts'
14-19    representatives appointed to the council shall manage all affairs
14-20    of the council.
14-21          (b)  The council may contract with any person, public or
14-22    private, as the council requires to conduct its affairs.  The
14-23    council shall set the compensation and terms for consultants.
14-24          (c)  In selecting an attorney, engineer, auditor, financial
14-25    advisor, or other professional consultant, the council must follow
14-26    the procedures of Subchapter A, Chapter 2254, Government Code
14-27    (Professional Services Procurement Act).
14-28          (d)  The council shall require an officer or consultant who
14-29    collects, pays, or handles any council funds to furnish good and
14-30    sufficient bond, payable to the council, in an amount determined by
14-31    the council to be sufficient to safeguard the council.  The bond
14-32    shall be conditioned on the faithful performance of that person's
14-33    duties and on an accounting for all council funds and property.
14-34    The bond shall be signed or endorsed by a surety company authorized
14-35    to do business in this state.
14-36          SECTION 5.08.  MEETINGS. (a)  The council shall hold a
14-37    regular annual meeting.  It may hold meetings at other times as
14-38    required for council business.
14-39          (b)  Notice of council meetings shall be given as required by
14-40    the open meetings law, Chapter 551, Government Code.
14-41          (c)  The council shall hold its meetings in accordance with
14-42    the open meetings law, Chapter 551, Government Code.
14-43          SECTION 5.09.  RECORDS. (a)  The council shall keep a
14-44    complete account of all its meetings and proceedings and shall
14-45    preserve all council records in a safe place.
14-46          (b)  Council records are the property of the council and are
14-47    subject to Chapter 552, Government Code.
14-48          (c)  The preservation, storage, destruction, or other
14-49    disposition of council records are subject to Chapter 201, Local
14-50    Government Code, and rules adopted under that chapter.
14-51          SECTION 5.10.  RESEARCH, SURVEYS, AND COLLECTION AND
14-52    DISSEMINATION OF INFORMATION. (a)  The council may, but only as
14-53    authorized by the districts:
14-54                (1)  perform research projects authorized by Section
14-55    36.107, Water Code;
14-56                (2)  coordinate surveys under Section 36.106, Water
14-57    Code, of the groundwater reservoir or subdivision and of the
14-58    facilities for development, production, transportation,
14-59    distribution, and use of the water, to determine the:
14-60                      (A)  quantity of water available for production
14-61    and use; and
14-62                      (B)  improvements, development, and recharging
14-63    needed by a reservoir or its subdivision;
14-64                (3)  collect information under Section 36.107, Water
14-65    Code, including information regarding the use of groundwater, water
14-66    conservation, and the practicability of recharging a groundwater
14-67    reservoir;
14-68                (4)  publish its plans and the information it develops,
14-69    bring them to the attention of the users of groundwater in the
 15-1    council area, and encourage the users to adopt and use them, under
 15-2    Section 36.110, Water Code; and
 15-3                (5)  develop programs to educate the public about the
 15-4    aquifers in the management area, water conservation, and the
 15-5    prevention of pollution of the aquifer.
 15-6          (b)  A unanimous vote of the council is required before the
 15-7    council may take an action authorized by Subsection (a) of this
 15-8    section.
 15-9          SECTION 5.11.  FUNDING. (a)  The council shall be funded by
15-10    assessments to each district, in proportion to the amount of
15-11    groundwater pumped on which production fees are assessed by the
15-12    district, for:
15-13                (1)  coordination and maintenance of a management plan
15-14    for the council's coordinating area;
15-15                (2)  collection and maintenance of data required for
15-16    management of groundwater resources within its boundaries;
15-17                (3)  coordination of the districts regarding management
15-18    plan issues;
15-19                (4)  dissemination of information and monitoring of
15-20    implementation of the management plan among the districts;
15-21                (5)  holding of regular council meetings; and
15-22                (6)  contracting with any person, public or private, as
15-23    the council requires to accomplish the duties of this subsection.
15-24          (b)  The council may be funded for services other than those
15-25    listed in Subsection (a) of this section, in any manner determined
15-26    appropriate by unanimous vote of the council or provided for by
15-27    interlocal agreement.
15-28          SECTION 5.12.  SUITS. All courts shall take judicial notice
15-29    of the creation of the council and of its boundaries.  Sections
15-30    36.066(f) and (g), Water Code, pertaining to suits, apply to the
15-31    council.
15-32          SECTION 5.13.  CONTRACTS. The council may contract in the
15-33    name of the council.
15-34          SECTION 5.14.  DISTRICT COORDINATION. (a)  The council may
15-35    enter into interlocal agreements with its member districts to
15-36    provide for administrative assistance and other services identified
15-37    in Section 5.10 of this article.
15-38          (b)  The council may coordinate the activities of the
15-39    districts to the extent authorized by the districts.
15-40          (c)  The council may mediate disputes concerning the
15-41    regulation of groundwater along the boundaries of each district
15-42    and, in the event that the council is unable to reach a resolution,
15-43    it may petition the Texas Natural Resource Conservation Commission
15-44    for resolution of the dispute under Section 36.108, Water Code.
15-45          SECTION 5.15.  MITIGATION OF GROUNDWATER DEPLETION. (a)  The
15-46    council shall determine biennially, using the overall available
15-47    scientific data of groundwater resources in the Central
15-48    Carrizo-Wilcox area, whether pumping within one district is
15-49    unreasonably affecting groundwater wells in one or more other
15-50    member districts.  The council may adopt mitigation measures in
15-51    response to such unreasonable adverse effects only if the measures
15-52    are based on a scientific determination made under this subsection
15-53    and three-fourths of the members of the council vote to adopt the
15-54    measures.
15-55          (b)  The council may assist in the mediation between
15-56    landowners regarding the mitigation of the loss of existing
15-57    groundwater supply of exempt domestic and livestock users due to
15-58    the groundwater pumping of others in adjoining districts within the
15-59    council boundaries.
15-60          SECTION 5.16.  COMPOSITION OF COUNCIL. (a)  The council
15-61    consists of three representatives of each district, appointed by
15-62    and serving at the pleasure of the directors of the district.
15-63          (b)  After the council is created and the districts select
15-64    their three representatives to serve on the council, the council
15-65    shall meet and elect a president, a vice president, a secretary,
15-66    and any other officers or assistant officers the council considers
15-67    necessary and shall begin to discharge its duties.
15-68          (c)  A quorum for a council meeting is achieved only if:
15-69                (1)  a majority of the membership of the council is
 16-1    present; and
 16-2                (2)  each district has a representative at the meeting.
 16-3          SECTION 5.17.  COORDINATION WITH THE BLUEBONNET GROUNDWATER
 16-4    CONSERVATION DISTRICT. (a)  The council shall coordinate activities
 16-5    with the Bluebonnet Groundwater Conservation District or any other
 16-6    groundwater conservation district created in Grimes, Washington,
 16-7    Austin, Waller, or Walker County if the groundwater conservation
 16-8    district chooses to coordinate activities.
 16-9          (b)  The Bluebonnet Groundwater Conservation District or any
16-10    other groundwater conservation district created in Grimes,
16-11    Washington, Austin, Waller, or Walker County may appoint a
16-12    nonvoting representative to the council.
16-13          (c)  The council may perform duties described in this article
16-14    for the Bluebonnet Groundwater Conservation District or any other
16-15    groundwater conservation district created in Grimes, Washington,
16-16    Austin, Waller, or Walker County through interlocal agreements.
16-17            ARTICLE 6.  PROCEDURAL REQUIREMENTS; EFFECTIVE DATE
16-18          SECTION 6.01.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
16-19    (a)  The proper and legal notice of the intention to introduce this
16-20    Act, setting forth the general substance of this Act, has been
16-21    published as provided by law, and the notice and a copy of this Act
16-22    have been furnished to all persons, agencies, officials, or
16-23    entities to which they are required to be furnished by the
16-24    constitution and other laws of this state, including the governor,
16-25    who has submitted the notice and Act to the Texas Natural Resource
16-26    Conservation Commission.
16-27          (b)  The Texas Natural Resource Conservation Commission has
16-28    filed its recommendations relating to this Act with the governor,
16-29    the lieutenant governor, and the speaker of the house of
16-30    representatives within the required time.
16-31          (c)  All requirements of the constitution and laws of this
16-32    state and the rules and procedures of the legislature with respect
16-33    to the notice, introduction, and passage of this Act are fulfilled
16-34    and accomplished.
16-35          SECTION 6.02.  EFFECTIVE DATE. This Act takes effect
16-36    September 1, 2001.
16-37                                 * * * * *