By Kolkhorst H.B. No. 3658 77R11045 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the ratification of the creation of and the 1-3 administration, powers, duties, operation, and financing of the 1-4 Brazos Valley Groundwater Conservation District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. RATIFICATION OF CREATION. The creation by 1-7 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 1-8 (Senate Bill No. 1911), of the Brazos Valley Groundwater 1-9 Conservation District in Robertson and Brazos counties is ratified 1-10 as required by Section 15(a) of that Act, subject to approval at a 1-11 confirmation election under Section 13 of this Act. 1-12 SECTION 2. DEFINITIONS. In this Act: 1-13 (1) "Designated management area" means an area 1-14 designated as a management area under Section 35.004, Water Code, 1-15 by the Texas Natural Resource Conservation Commission. 1-16 (2) "District" means the Brazos Valley Groundwater 1-17 Conservation District. 1-18 SECTION 3. BOUNDARIES. The boundaries of the Brazos Valley 1-19 Groundwater Conservation District are coextensive with the 1-20 boundaries of Robertson and Brazos counties, Texas. 1-21 SECTION 4. GENERAL POWERS. (a) Except as otherwise provided 1-22 by this Act, the district has all of the rights, powers, 1-23 privileges, authority, functions, and duties provided by the 1-24 general law of this state, including Chapter 36, Water Code, 2-1 applicable to groundwater conservation districts created under 2-2 Section 59, Article XVI, Texas Constitution. This Act prevails 2-3 over any provision of general law that is in conflict or 2-4 inconsistent with this Act, including any provision of Chapter 36, 2-5 Water Code, or Chapter 1331, Acts of the 76th Legislature, Regular 2-6 Session, 1999 (Senate Bill No. 1911). 2-7 (b) The district does not have the authority granted by the 2-8 following provisions of Chapter 36, Water Code: 2-9 (1) Section 36.105, relating to eminent domain; and 2-10 (2) Sections 36.020 and 36.201-36.204, relating to 2-11 taxes. 2-12 SECTION 5. BONDS. The district may issue bonds and notes 2-13 under Sections 36.171-36.181, Water Code, not to exceed $500,000 2-14 total indebtedness at any time. 2-15 SECTION 6. PURCHASE, SALE, TRANSPORTATION, OR DISTRIBUTION 2-16 OF WATER. The district may not purchase, sell, transport, or 2-17 distribute surface water or groundwater for any purpose. 2-18 SECTION 7. FEES. (a) The board of directors of the 2-19 district by rule may impose reasonable fees on each well for which 2-20 a permit is issued by the district and that is not exempt from 2-21 regulation by the district. A fee may be based on the size of 2-22 column pipe used by the well or on the actual, authorized, or 2-23 anticipated amount of water to be withdrawn from the well. 2-24 (b) The initial fee shall be based on the amount of water to 2-25 be withdrawn from the well. The initial fee: 2-26 (1) may not exceed: 2-27 (A) $0.25 per acre-foot for water used for 3-1 irrigating agricultural crops or operating existing steam electric 3-2 stations; or 3-3 (B) $0.0425 per thousand gallons for water used 3-4 for any other purpose; and 3-5 (2) may be increased at a cumulative rate not to 3-6 exceed three percent per year. 3-7 (c) In addition to the fee authorized under Subsection (b) 3-8 of this section, the district may assess a fee on groundwater from 3-9 a well that is produced for transport outside the district. 3-10 (d) Fees authorized by this section may be assessed annually 3-11 and may be used to pay the cost of district operations. 3-12 SECTION 8. GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD 3-13 COMMISSION. (a) A groundwater well that is used by a mining 3-14 operation and permitted by the Railroad Commission of Texas is 3-15 exempt under Section 36.117(e), Water Code, to the extent that the 3-16 well does not produce a greater volume of groundwater than that 3-17 produced for mining purposes. 3-18 (b) The district may require a well used for mining purposes 3-19 and exempt under this section to comply with the spacing 3-20 requirements of the district if any withdrawals from that well are 3-21 in addition to withdrawals for mining purposes. 3-22 (c) A mining operation may voluntarily waive the exemption 3-23 granted by this section. 3-24 SECTION 9. REGIONAL COOPERATION. To provide for regional 3-25 continuity, the district shall: 3-26 (1) participate as needed in coordination meetings 3-27 with other groundwater districts in its designated management area; 4-1 (2) coordinate the collection of data with other 4-2 groundwater districts in its designated management area in such a 4-3 way as to achieve relative uniformity of data type and quality; 4-4 (3) coordinate efforts to monitor water quality with 4-5 other groundwater districts in its designated management area, 4-6 local governments, and state agencies; 4-7 (4) provide groundwater level data to other 4-8 groundwater districts in its designated management area; 4-9 (5) investigate any groundwater and aquifer pollution 4-10 with the intention of locating its source; 4-11 (6) notify other groundwater districts in its 4-12 designated management area and all appropriate agencies of any 4-13 detected groundwater pollution; 4-14 (7) annually provide to other groundwater districts in 4-15 its designated management area an inventory of water wells and an 4-16 estimate of groundwater production within the district; and 4-17 (8) include other groundwater districts in its 4-18 designated management area on the mailing lists for district 4-19 newsletters, seminars, public education events, news articles, and 4-20 field days. 4-21 SECTION 10. BOARD OF DIRECTORS. (a) The district is 4-22 governed by a board of eight directors. 4-23 (b) Initial directors serve until permanent directors are 4-24 appointed under Section 11 of this Act and qualified as required by 4-25 Subsection (d) of this section. 4-26 (c) Permanent directors serve four-year staggered terms. 4-27 (d) Each director must qualify to serve as a director in the 5-1 manner provided by Section 36.055, Water Code. 5-2 (e) A director serves until the director's successor has 5-3 qualified. 5-4 (f) A director may serve consecutive terms. 5-5 (g) If there is a vacancy on the board, the governing body 5-6 of the entity that appointed the director who vacated the office 5-7 shall appoint a director to serve the remainder of the term. 5-8 (h) Directors are not entitled to receive compensation for 5-9 serving as a director but may be reimbursed for actual, reasonable 5-10 expenses incurred in the discharge of official duties. 5-11 (i) A majority vote of a quorum is required for board 5-12 action. If there is a tie vote, the proposed action fails. 5-13 SECTION 11. APPOINTMENT OF DIRECTORS. (a) The Robertson 5-14 County Commissioners Court shall appoint four directors, of whom: 5-15 (1) one must represent municipal interests in the 5-16 county; 5-17 (2) one must represent agricultural interests in the 5-18 county; 5-19 (3) one must represent rural water suppliers' 5-20 interests in the county; and 5-21 (4) one must represent industrial interests in the 5-22 county. 5-23 (b) The Brazos County Commissioners Court shall appoint two 5-24 directors, of whom: 5-25 (1) one must represent rural water suppliers' 5-26 interests in the county; and 5-27 (2) one must represent agricultural interests in the 6-1 county. 6-2 (c) The governing body of the City of Bryan shall appoint 6-3 one director. 6-4 (d) The governing body of the City of College Station shall 6-5 appoint one director. 6-6 (e) Each of the governing bodies authorized by this section 6-7 to make an appointment shall appoint the appropriate number of 6-8 initial directors as soon as practicable following the effective 6-9 date of this Act, but not later than the 45th day after the 6-10 effective date of this Act. 6-11 (f) The four initial directors from Robertson County shall 6-12 draw lots to determine their terms. Two initial directors from 6-13 Robertson County and the two initial directors from Brazos County 6-14 serve terms that expire on January 1 of the second year following 6-15 the confirmation of the district at an election held under Section 6-16 13 of this Act. The remaining four initial directors serve terms 6-17 that expire on January 1 of the fourth year following the 6-18 confirmation of the district. On January 1 of the second year 6-19 following confirmation of the district and every two years after 6-20 that date, the appropriate governing body shall appoint the 6-21 appropriate number of permanent directors. 6-22 SECTION 12. ORGANIZATIONAL MEETING. As soon as practicable 6-23 after all the initial directors have been appointed and have 6-24 qualified as provided in this Act, a majority of the directors 6-25 shall convene the organizational meeting of the district at a 6-26 location within the district agreeable to a majority of the 6-27 directors. If no location can be agreed on, the organizational 7-1 meeting of the directors shall be at the Robertson County 7-2 Courthouse. 7-3 SECTION 13. CONFIRMATION ELECTION. (a) The initial board of 7-4 directors shall call and hold an election on the same date in each 7-5 county within the district to confirm the creation of the district. 7-6 (b) Except as provided by this section, a confirmation 7-7 election must be conducted as provided by Sections 36.017, 36.018, 7-8 and 36.019, Water Code, and Section 41.001, Election Code. 7-9 (c) Confirmation of the district requires a vote in favor of 7-10 confirmation by a majority of the qualified voters voting in the 7-11 election. 7-12 (d) If the establishment of the district is not confirmed by 7-13 an election held under this section before the second anniversary 7-14 of the effective date of this Act, the district is dissolved and 7-15 this Act expires on that date. 7-16 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 7-17 The proper and legal notice of the intention to introduce this Act, 7-18 setting forth the general substance of this Act, has been published 7-19 as provided by law, and the notice and a copy of this Act have been 7-20 furnished to all persons, agencies, officials, or entities to which 7-21 they are required to be furnished by the constitution and other 7-22 laws of this state, including the governor, who has submitted the 7-23 notice and Act to the Texas Natural Resource Conservation 7-24 Commission. 7-25 (b) The Texas Natural Resource Conservation Commission has 7-26 filed its recommendations relating to this Act with the governor 7-27 and speaker of the house of representatives within the required 8-1 time. 8-2 (c) All requirements of the constitution and laws of this 8-3 state and the rules and procedures of the legislature with respect 8-4 to the notice, introduction, and passage of this Act are fulfilled 8-5 and accomplished. 8-6 SECTION 15. EFFECTIVE DATE. This Act takes effect September 8-7 1, 2001.