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 * * * * *