By Kolkhorst H.B. No. 1844
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Bluebonnet Groundwater Conservation
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A groundwater conservation
1-7 district, to be known as the Bluebonnet Groundwater Conservation
1-8 District, is created in Grimes, Washington, Waller, and Austin
1-9 counties, subject to approval at a confirmation election under
1-10 Section 15 of this Act. The district is a governmental agency and
1-11 a body politic and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution; and
1-15 (c) The purpose of this Act is to create a locally
1-16 controlled groundwater district in order to protect, recharge, and
1-17 prevent the waste of groundwater, and to control subsidence caused
1-18 by withdrawal of water from the groundwater reservoirs in the area,
1-19 and to regulate the transport of water out of the boundaries of the
1-20 district;
1-21 SECTION 2. DEFINITION. In this Act, "district" means the
1-22 Bluebonnet Groundwater Conservation District.
2-1 SECTION 3. BOUNDARIES. The boundaries of the district are
2-2 coextensive with the boundaries of Grimes, Washington, Waller, and
2-3 Austin counties.
2-4 SECTION 4. FINDING OF BENEFIT. All of the land and other
2-5 property included within the boundaries of the district will be
2-6 benefited by the works and projects that are to be accomplished by
2-7 the district under powers conferred by Section 59, Article XVI,
2-8 Texas Constitution. The district is created to serve a public use
2-9 and benefit.
2-10 SECTION 5. GENERAL POWERS. (a) Except as otherwise provided
2-11 by this Act, the district has all the rights, powers, privileges,
2-12 authority, functions, and duties provided by the general law of
2-13 this state, including Chapter 36, Water Code, applicable to
2-14 groundwater conservation districts created under Section 59,
2-15 Article XVI, Texas Constitution. This Act prevails over any
2-16 provision of general law, including Chapter 36, Water Code, that is
2-17 in conflict or is inconsistent with this Act.
2-18 (b) The district does not have the authority granted by the
2-19 following provisions of Chapter 36, Water Code:
2-20 (1) Section 36.105, relating to eminent domain; and
2-21 (2) Sections 36.020 and 36.201-36.204, relating to
2-22 taxes.
2-23 SECTION 6. FEES. (a) The board of directors of the district
2-24 by rule may impose reasonable fees on each well for which a permit
2-25 is issued by the district and that is not exempt from regulation by
2-26 the district. A fee may be based on the size of column pipe used
3-1 by the well or on the actual, authorized, or anticipated amount of
3-2 water to be withdrawn from the well.
3-3 (b) Fees shall not exceed:
3-4 (1) one dollar per acre foot for water used for
3-5 irrigating agricultural crops; or
3-6 (2) 17 cents per thousand gallons for water used for
3-7 any other purpose.
3-8 (c) In addition to the fee authorized under Subsection (b)
3-9 of this section, the district may assess a fee on groundwater from
3-10 a well that is produced for transport outside the district. The
3-11 combined fees may not exceed the limit on a fee amount set by
3-12 Section 36.205(c), Water Code.
3-13 (d) Fees authorized by this section may be assessed annually
3-14 and may be used to fund the cost of District operations and
3-15 expenses of the district's or council's operations.
3-16 SECTION 7. EXEMPTIONS. (a) Pursuant to Section 36.117,
3-17 Water Code, as amended, a district may exempt wells from the
3-18 requirements to obtain a drilling permit, an operating permit, or
3-19 any other permit required by this chapter or the district's rules.
3-20 A district may not require a permit for:
3-21 (1) drilling or producing from a well either drilled,
3-22 completed, or equipped so that it is incapable of producing more
3-23 than 25,000 gallons of groundwater a day;
3-24 (2) the drilling or alteration of the size of a well
3-25 or to restrict the production of a well if the water produced or to
3-26 be produced from the well is used or to be used to supply the
4-1 domestic needs of 10 or fewer households and a person who is a
4-2 member of each household is either the owner of the well, a person
4-3 related to the owner or a member of the owner's household within
4-4 the second degree by consanguinity, or an employee of the owner;
4-5 (3) the drilling or alteration of the size of a well
4-6 or to restrict the production from the well if the water produced
4-7 or to be produced from the well is used or to be used to provide
4-8 water for feeding livestock and poultry connected with farming,
4-9 ranching, or dairy enterprises; or
4-10 (4) water wells to supply water for hydrocarbon
4-11 production activities, regardless of whether those wells are
4-12 producing, that are associated with any well permitted by the
4-13 Railroad Commission of Texas drilled before September 1, 1985.
4-14 (b) The board shall adopt rules determining the
4-15 applicability of Subsection (a)(3) to facilities used primarily for
4-16 feeding livestock.
4-17 (c) The district shall not deny the owner of a tract of
4-18 land, or his lessee, who has no well equipped to produce more than
4-19 25,000 gallons a day on the tract, either a permit to drill a well
4-20 on his land or the privilege to produce groundwater from his land,
4-21 subject to the rules of the district.
4-22 (d) A district may not restrict the production of any well
4-23 equipped to produce 25,000 gallons or less a day.
4-24 (e) Water wells exempted under this section shall be
4-25 equipped and maintained so as to conform to the district's rules
4-26 requiring installation of casing, pipe, and fittings to prevent the
5-1 escape of groundwater from a groundwater reservoir to any reservoir
5-2 not containing groundwater and to prevent the pollution or harmful
5-3 alteration of the character of the water in any groundwater
5-4 reservoir.
5-5 (f) A district shall require water wells exempted under this
5-6 section to be registered with the district before drilling. All
5-7 exempt water wells shall be equipped and maintained so as to
5-8 conform to the district's rules requiring installation of casing,
5-9 pipe, and fittings to prevent the escape of groundwater from a
5-10 groundwater reservoir to any reservoir not containing groundwater
5-11 and to prevent the pollution or harmful alteration of the character
5-12 of the water in any groundwater reservoir.
5-13 (g) A well to supply water for a subdivision of land for
5-14 which a plat approval is required by law is not exempted under this
5-15 section.
5-16 SECTION 8. MINING EXEMPTION. (a) A groundwater well that is
5-17 used by a mining operation and permitted by the Railroad Commission
5-18 of Texas is exempt from permit requirements, regulations, and fees
5-19 imposed by the district if the amount of water withdrawn from the
5-20 well is not greater than the amount required by the mining
5-21 operation for mining purposes. A mining operation that withdraws
5-22 the amount of water required for mining purposes, uses that water
5-23 for mining purposes, and then puts that water to another use does
5-24 not forfeit the exemption granted by this section, but any
5-25 production of water in addition to water withdrawn for mining
5-26 purposes is subject to district permitting and regulation.
6-1 (b) The district may require a well used for mining purposes
6-2 and exempt under this section to comply with the spacing
6-3 requirements of the district if any withdrawals from that well are
6-4 in addition to withdrawals for mining purposes.
6-5 (c) A mining operation may voluntarily waive the exemption
6-6 granted by this section.
6-7 SECTION 9. MANAGEMENT PLAN. The district shall develop or
6-8 contract to develop its own management plan under Section 36.1071,
6-9 Water Code.
6-10 SECTION 10. PERMITTING. (a) The district shall issue
6-11 permits for wells based on the consideration of whether:
6-12 (1) the application conforms to the requirements
6-13 prescribed by Chapter 36, Water Code, and is accompanied by the
6-14 prescribed fees;
6-15 (2) the proposed use of water is consistent with the
6-16 district's certified water management plan;
6-17 (3) the proposed use of water is dedicated to any
6-18 beneficial use;
6-19 (4) the applicant has agreed to avoid waste and
6-20 achieve water conservation; and
6-21 (5) the applicant has agreed that reasonable diligence
6-22 will be used to protect groundwater quality and that the applicant
6-23 will follow well plugging guidelines at the time of well closure.
6-24 (6) the proposed use would not present the possibility
6-25 of unreasonable interference with the production of water from
6-26 exempt, existing, or previously permitted wells;
7-1 (7) the proposed use would not unreasonably interfere
7-2 with an adjoining landowner's ability to produce water from his
7-3 property.
7-4 SECTION 11. COORDINATION OF ACTIVITIES WITH OTHER ENTITIES.
7-5 (a) The district may coordinate activities with the Central
7-6 Carrizo-Wilcox Coordinating Council and may appoint a nonvoting
7-7 representative to the Central Carrizo-Wilcox Coordinating Council.
7-8 (b) The district may coordinate activities with the
7-9 Harris-Galveston Coastal Subsidence District or with other
7-10 groundwater conservation districts to manage portions of the Gulf
7-11 Coast Aquifer.
7-12 SECTION 12. BOARD OF DIRECTORS. (a) The district is
7-13 governed by a board of directors appointed as provided by Section
7-14 13.
7-15 (b) Initial directors serve until permanent directors are
7-16 appointed under Section 13 of this Act and qualified as required by
7-17 Subsection (d) of this section.
7-18 (c) Permanent directors serve four-year staggered terms.
7-19 (d) Each director must qualify to serve as a director in the
7-20 manner provided by Section 36.055, Water Code.
7-21 (e) A director serves until the director's successor has
7-22 qualified.
7-23 (f) A director may serve consecutive terms.
7-24 (g) If there is a vacancy on the board, the governing body
7-25 of the entity that appointed the director who vacated the office
7-26 shall appoint a director to serve the remainder of the term.
8-1 (h) Directors are not entitled to receive compensation for
8-2 serving as a director but may be reimbursed for actual, reasonable
8-3 expenses incurred in the discharge of official duties.
8-4 (i) A majority vote of a quorum is required for board
8-5 action. If there is a tie vote, the proposed action fails.
8-6 SECTION 13. APPOINTMENT OF DIRECTORS. (a) The commissioners
8-7 courts of the counties within the district shall each appoint an
8-8 equal number of directors as follows:
8-9 (1) if the district consists of four counties, the
8-10 board consists of 12 directors, with each county commissioners
8-11 court making three appointments, of which
8-12 (A) one must represent the interests public
8-13 water suppliers in the county, or both;
8-14 (B) one must represent agriculture interests in
8-15 the county; and
8-16 (C) one must represent industrial interests in
8-17 the county.
8-18 (2) if the district consists of three counties, the
8-19 board consists of nine directors, with each county commissioners
8-20 court making three appointments, of which
8-21 (A) one must represent the interests public
8-22 water suppliers in the county, or both;
8-23 (B) one must represent agriculture interests in
8-24 the county; and
8-25 (C) one must represent industrial interests in
8-26 the county.
9-1 (3) if the district consists of two counties, the
9-2 board consists of eight directors, with each county commissioners
9-3 court making four appointments, of which
9-4 (A) one must represent the interests of
9-5 municipalities in the county;
9-6 (B) one must represent agriculture interests in
9-7 the county;
9-8 (C) one must represent industrial interests in
9-9 the county; and
9-10 (D) one must represent the interests of rural
9-11 water suppliers in the county.
9-12 (4) if the district consists of one county, the board
9-13 of directors consists of eight directors, appointed by the county
9-14 commissioners court, of which
9-15 (A) one must represent municipal interests;
9-16 (B) two must represent agricultural interests;
9-17 (C) two must represent industrial interests; and
9-18 (D) two must represent rural water suppliers'
9-19 interests.
9-20 (E) one must represent the interests of the
9-21 county at large.
9-22 (b) The commissioners courts of the counties within the
9-23 district shall each appoint the appropriate number of initial
9-24 directors as soon as practicable following the effective date of
9-25 this Act, but not later than the 90th day after the effective date
9-26 of this Act.
10-1 (c) The initial directors shall draw lots to determine their
10-2 terms. A simple majority of the initial directors if an odd number
10-3 are appointed or half of the initial directors if an even number
10-4 are appointed serve terms that expire on the second anniversary of
10-5 the date on which all initial directors have qualified as required
10-6 by Section 12. The remaining initial directors serve terms that
10-7 expire on the fourth anniversary of the date on which all initial
10-8 directors have qualified as required by Section 12. On the second
10-9 anniversary of the date on which all initial directors have
10-10 qualified as required by Section 12 and every two years after that
10-11 date, the appropriate commissioners courts shall appoint the
10-12 appropriate number of permanent directors.
10-13 SECTION 14. ORGANIZATION MEETING. As soon as practicable
10-14 after all the initial directors have been appointed and have
10-15 qualified as provided in this Act, a majority of the directors
10-16 shall convene the organizational meeting of the district at a
10-17 location within the district agreeable to a majority of the
10-18 directors. If no location can be agreed on, the organizational
10-19 meeting of the directors shall be at the Washington County
10-20 Courthouse.
10-21 SECTION 15. CONFIRMATION ELECTION. (a) The initial board of
10-22 directors shall call and hold, on the same date in each county to
10-23 be included in the district, an election to confirm the creation of
10-24 the district.
10-25 (b) Except as provided by this section, a confirmation
10-26 election must be conducted as provided by Sections 36.017, 36.018,
11-1 and 36.019, Water Code, and the Election Code.
11-2 (c) If the majority of qualified voters in a county who vote
11-3 in the election to confirm the creation of the district, that
11-4 county is included in the district. If the majority of qualified
11-5 voters in a county who vote in the election vote not to confirm the
11-6 creation of the district, that county is excluded from the
11-7 district.
11-8 (d) If the creation of the district is not confirmed by an
11-9 election held under this section before the second anniversary of
11-10 the effective date of this Act, the district is dissolved and this
11-11 Act expires on that date.
11-12 SECTION 16. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
11-13 The proper and legal notice of the intention to introduce this Act,
11-14 setting forth the general substance of this Act, has been published
11-15 as provided by law, and the notice and a copy of this Act have been
11-16 furnished to all persons, agencies, officials, or entities to which
11-17 they are required to be furnished by the constitution and other
11-18 laws of this state, including the governor, who has submitted the
11-19 notice and Act to the Texas Natural Resource Conservation
11-20 Commission.
11-21 (b) The Texas Natural Resource Conservation Commission has
11-22 filed its recommendations relating to this Act with the governor
11-23 and the speaker of the house of representatives within the required
11-24 time.
11-25 (c) All requirements of the constitution and laws of this
11-26 state and the rules and procedures of the legislature with respect
12-1 to the notice, introduction, and passage of this Act are fulfilled
12-2 and accomplished.
12-3 SECTION 17. EFFECTIVE DATE. This Act takes effect September
12-4 1, 2001.