By Chisum H.B. No. 3024
77R5418 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers of the Panhandle Ground Water Conservation
1-3 District Number 3, South of the Canadian River.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 2 and 3, Chapter 19, Acts of the 55th
1-6 Legislature, Regular Session, 1957 (Article 8280-191, Vernon's
1-7 Texas Civil Statutes), are amended to read as follows:
1-8 Sec. 2. Ground Water Conservation District Number Three,
1-9 South of the Canadian River, hereinafter sometimes referred to as
1-10 the District, shall have and exercise and is hereby vested with all
1-11 of the rights, powers, privileges and duties conferred and imposed
1-12 by the general laws of this State now enforced or hereafter enacted
1-13 applicable to underground water conservation districts created
1-14 under authority of Article 16, Section 59 of the Constitution of
1-15 Texas, and Chapters 35, 36, and 51, Water Code [Chapter 3A of Title
1-16 128, Vernon's Texas Civil Statutes together with all amendments and
1-17 additions thereto, including particularly Article 7880-3c, Vernon's
1-18 Texas Civil Statutes (Chapter 306, Page 559, Acts of the
1-19 Fifty-first Legislature of Texas, 1949) for the purpose of]:
1-20 (1) To formulate, promulgate and enforce rules and
1-21 regulations for the purpose of conserving, preserving, protecting
1-22 and recharging the underground water of the underground water
1-23 reservoir or subdivision thereof;
1-24 (2) To formulate, promulgate and enforce rules and
2-1 regulations to prevent the waste, as defined by Section 36.001,
2-2 Water Code [in Section 3c, Article 7880, Revised Civil Statutes of
2-3 Texas as now, or hereafter amended], of the underground water of
2-4 the underground water reservoir or subdivision thereof;
2-5 (3) To require permits for the drilling, equipping and
2-6 completion of wells in the underground water reservoir and to issue
2-7 such permits subject to such terms and provisions with reference to
2-8 the drilling, equipping and completion thereof as may be necessary
2-9 to prevent waste;
2-10 (4) To provide for the spacing of wells producing from
2-11 the underground water reservoir or subdivision thereof and to
2-12 regulate the production therefrom so as to minimize as far as
2-13 practicable the drawdown of the water table or the reduction of the
2-14 artesian pressure; provided, however, the owner of the land, his
2-15 heirs, assigns and lessees, shall not be denied a permit to drill a
2-16 well on his land and produce underground water therefrom subject to
2-17 rules and regulations promulgated hereunder to prevent waste;
2-18 (5) To require records to be kept and reports to be
2-19 made of the drilling, equipping, and completion of wells into the
2-20 underground water reservoir or subdivision thereof and the taking
2-21 and use of underground water therefrom; to require accurate
2-22 driller's logs which may be made of such wells to be filed with the
2-23 district and the Texas Natural Resource Conservation Commission
2-24 [State Board of Water Engineers];
2-25 (6) To acquire lands for the erection of dams and for
2-26 the purpose of draining lakes, draws, and depressions, and to
2-27 construct dams, drain lakes, depressions, draws, and creeks and to
3-1 install pumps and other equipment necessary to recharge the
3-2 underground water reservoir or subdivision thereof[, but such
3-3 district shall not engage in the sale or distribution of surface or
3-4 underground water for any purpose];
3-5 (7) To cause to be made by registered professional
3-6 engineers surveys of the underground water of the underground water
3-7 reservoir or subdivision thereof and of the facilities for the
3-8 development, production and use of such underground water, to
3-9 determine the quantity thereof available for production and use and
3-10 the improvements, developments, and recharges needed for such
3-11 underground water reservoir or subdivision thereof;
3-12 (8) To develop comprehensive plans for the most
3-13 efficient use of the underground water of the underground water
3-14 reservoir or subdivision thereof and for the control and prevention
3-15 of waste of such underground water, which plans shall specify in
3-16 such detail as may be practicable the acts, procedure, performance
3-17 and avoidance which are or may be necessary to effect such plans,
3-18 including specifications therefor; to carry out research projects,
3-19 develop information and determine limitations, if any, which should
3-20 be made on the withdrawal of underground water from the underground
3-21 water reservoir or subdivision thereof; to collect and preserve
3-22 information regarding the use of such underground water and the
3-23 practicability of recharge of the underground water subdivision
3-24 thereof; to publish such plans and information, bring them to the
3-25 notice and attention of the users of such underground water within
3-26 the district, and to encourage their adoption and execution;
3-27 (9) To enforce, by injunction, mandatory injunction or
4-1 other appropriate remedy, in courts of competent jurisdiction,
4-2 rules and regulations duly adopted and promulgated by such
4-3 district; provided, that no rule or regulation shall be effective
4-4 until a brief resume thereof has been published once a week for two
4-5 (2) consecutive weeks in one or more newspapers to give circulation
4-6 within the district, and such rule or regulation is to be effective
4-7 not less than fourteen (14) days after the date of the first
4-8 publication;
4-9 (10) To incur all such indebtedness as may be
4-10 necessary and requisite to the achievement of the purposes for
4-11 which the district is created; to issue negotiable bonds for the
4-12 purposes set forth in Section 2(6) of this Act and levy and collect
4-13 such ad valorem taxes as may be necessary for the payment of the
4-14 interest and the creation of a sinking fund for the payment of such
4-15 bonds, the issuance of such bonds and the levy and collection of
4-16 taxes to be in accordance with Chapters 35, 36, and 51, Water Code
4-17 [the provisions of Chapter 25, Acts, Thirty-ninth Legislature,
4-18 Regular Session, 1925 (Chapter 3A, Title 128, Vernon's Texas Civil
4-19 Statutes), as now or hereafter amended]; to levy and collect the ad
4-20 valorem tax authorized at the election held January 21, 1956, for
4-21 the maintenance of such district, its installations and activities;
4-22 to hereafter order elections for the purpose of authorizing the
4-23 levy and collection of taxes for the maintenance of the district,
4-24 its installations and activities, such elections to be ordered and
4-25 held as is provided for elections authorizing the issuance of
4-26 bonds; provided that in all bond elections and tax elections all
4-27 persons may vote who are resident, qualified property taxpaying
5-1 voters of such district whose property has been duly rendered for
5-2 taxation as provided in Section 3a, Article VI, Constitution of
5-3 Texas; provided further that the aggregate amount of taxes for all
5-4 purposes may never in any one (1) year exceed Fifty Cents (50 ) on
5-5 the One Hundred Dollars ($100) assessed valuation on property in
5-6 the district subject to taxation; and provided, further, that the
5-7 district may have its taxes assessed and collected [by the
5-8 respective county tax assessors and collectors] as provided by
5-9 Sections 6.24 and 6.27, Tax Code [in Chapter 218, Page 348, Acts,
5-10 Fifty-second Legislature, Regular Session, 1951].
5-11 Sec. 3. Except as herein otherwise provided, said district
5-12 shall be governed by Chapters 35, 36, and 51, Water Code [the
5-13 provisions of Chapter 25, Acts of the Thirty-ninth Legislature of
5-14 Texas, Regular Session, 1925, as now or hereafter amended (Chapter
5-15 3A, Title 128, Vernon's Texas Civil Statutes, as now or hereafter
5-16 amended, and particularly Section 3c of said Chapter 3A)].
5-17 SECTION 2. Chapter 19, Acts of the 55th Legislature, Regular
5-18 Session, 1957 (Article 8280-191, Vernon's Texas Civil Statutes), is
5-19 amended by adding Section 2A to read as follows:
5-20 Sec. 2A. The district may impose a reasonable fee on water
5-21 transported out of the district, not to exceed:
5-22 (1) the amount negotiated between the district and the
5-23 transporter of the water; or
5-24 (2) an amount equal to the district's maximum tax rate
5-25 per $100 of valuation for each 1,000 gallons of water transported
5-26 out of the district.
5-27 SECTION 3. This Act takes effect September 1, 2001.