By: Ogden S.B. No. 784
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.
1-23 SECTION 3. BOUNDARIES. The boundaries of the district are
2-1 coextensive with the boundaries of Grimes, Washington, Waller, and
2-2 Austin counties.
2-3 SECTION 4. FINDING OF BENEFIT. All of the land and other
2-4 property included within the boundaries of the district will be
2-5 benefitted by the works and projects that are to be accomplished by
2-6 the district under powers conferred by Section 59, Article XVI,
2-7 Texas Constitution. The district is created to serve a public use
2-8 and benefit.
2-9 SECTION 5. GENERAL POWERS. (a) Except as otherwise
2-10 provided by this Act, the district has all the rights, powers,
2-11 privileges, authority, functions, and duties provided by the
2-12 general law of this state, including Chapter 36, Water Code,
2-13 applicable to groundwater conservation districts created under
2-14 Section 59, Article XVI, Texas Constitution. This Act prevails
2-15 over any provision of general law, including Chapter 36, Water
2-16 Code, that is in conflict or is inconsistent with this Act.
2-17 (b) The district does not have the authority granted by the
2-18 following provisions of Chapter 36, Water Code:
2-19 (1) Section 36.105, relating to eminent domain; and
2-20 (2) Sections 36.020 and 36.201-36.204, relating to
2-21 taxes.
2-22 SECTION 6. FEES. (a) The board of directors of the
2-23 district by rule may impose reasonable fees on each well for which
2-24 a permit is issued by the district and that is not exempt from
2-25 regulation by the district. A fee may be based on the size of
2-26 column pipe used by the well or on the actual, authorized, or
3-1 anticipated amount of water to be withdrawn from the well.
3-2 (b) Fees shall not exceed:
3-3 (1) one dollar per acre foot for water used for
3-4 irrigating agricultural crops; or
3-5 (2) 17 cents per thousand gallons for water used for
3-6 any other purpose.
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. The
3-10 combined fees may not exceed the limit on a fee amount set by
3-11 Section 36.205(c), Water Code.
3-12 (d) Fees authorized by this section may be assessed annually
3-13 and may be used to fund the cost of District operations and
3-14 expenses of the district's or council's operations.
3-15 SECTION 7. EXEMPTIONS.
3-16 (a) Pursuant to Section 36.117, Water Code, as amended, a
3-17 district may exempt wells from the requirements to obtain a
3-18 drilling permit, an operating permit, or any other permit required
3-19 by this chapter or the district's rules. A district may not
3-20 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
5-17 is used by a mining operation and permitted by the Railroad
5-18 Commission of Texas is exempt from permit requirements,
5-19 regulations, and fees imposed by the district if the amount of
5-20 water withdrawn from the well is not greater than the amount
5-21 required by the mining operation for mining purposes. A mining
5-22 operation that withdraws the amount of water required for mining
5-23 purposes, uses that water for mining purposes, and then puts that
5-24 water to another use does not forfeit the exemption granted by this
5-25 section, but any production of water in addition to water withdrawn
5-26 for mining purposes is subject to district permitting and
6-1 regulation.
6-2 (b) The district may require a well used for mining purposes
6-3 and exempt under this section to comply with the spacing
6-4 requirements of the district if any withdrawals from that well are
6-5 in addition to withdrawals for mining purposes.
6-6 (c) A mining operation may voluntarily waive the exemption
6-7 granted by this section.
6-8 SECTION 9. MANAGEMENT PLAN. The district shall develop or
6-9 contract to develop its own management plan under Section 36.1071,
6-10 Water Code.
6-11 SECTION 10. PERMITTING. (a) The district shall issue
6-12 permits for wells based on the consideration of whether:
6-13 (1) the application conforms to the requirements
6-14 prescribed by Chapter 36, Water Code, and is accompanied by the
6-15 prescribed fees;
6-16 (2) the proposed use of water is consistent with the
6-17 district's certified water management plan;
6-18 (3) the proposed use of water is dedicated to any
6-19 beneficial use;
6-20 (4) the applicant has agreed to avoid waste and
6-21 achieve water conservation; and
6-22 (5) the applicant has agreed that reasonable diligence
6-23 will be used to protect groundwater quality and that the applicant
6-24 will follow well plugging guidelines at the time of well closure.
6-25 (6) the proposed use would not present the possibility
6-26 of unreasonable interference with the production of water from
7-1 exempt, existing, or previously permitted wells;
7-2 (7) the proposed use would not unreasonably interfere
7-3 with an adjoining landowner's ability to produce water from his
7-4 property.
7-5 SECTION 11. COORDINATION OF ACTIVITIES WITH OTHER ENTITIES.
7-6 (a) The district may coordinate activities with the Central
7-7 Carrizo-Wilcox Coordinating Council and may appoint a nonvoting
7-8 representative to the Central Carrizo-Wilcox Coordinating Council.
7-9 (b) The district may coordinate activities with the
7-10 Harris-Galveston Coastal Subsidence District or with other
7-11 groundwater conservation districts to manage portions of the Gulf
7-12 Coast Aquifer.
7-13 SECTION 12. BOARD OF DIRECTORS. (a) The district is
7-14 governed by a board of directors appointed as provided by Section
7-15 13.
7-16 (b) Initial directors serve until permanent directors are
7-17 appointed under Section 13 of this Act and qualified as required by
7-18 Subsection (d) of this section.
7-19 (c) Permanent directors serve four-year staggered terms.
7-20 (d) Each director must qualify to serve as a director in the
7-21 manner provided by Section 36.055, Water Code.
7-22 (e) A director serves until the director's successor has
7-23 qualified.
7-24 (f) A director may serve consecutive terms.
7-25 (g) If there is a vacancy on the board, the governing body
7-26 of the entity that appointed the director who vacated the office
8-1 shall appoint a director to serve the remainder of the term.
8-2 (h) Directors are not entitled to receive compensation for
8-3 serving as a director but may be reimbursed for actual, reasonable
8-4 expenses incurred in the discharge of official duties.
8-5 (i) A majority vote of a quorum is required for board
8-6 action. If there is a tie vote, the proposed action fails.
8-7 SECTION 13. APPOINTMENT OF DIRECTORS. (a) The
8-8 commissioners courts of the counties within the district shall each
8-9 appoint an equal number of directors as follows:
8-10 (1) if the district consists of four counties, the
8-11 board consists of 12 directors, with each county commissioners
8-12 court making three appointments, of which
8-13 (A) one must represent the interests public
8-14 water suppliers in the county, or both;
8-15 (B) one must represent agriculture interests in
8-16 the county; and
8-17 (C) one must represent industrial interests in
8-18 the county.
8-19 (2) if the district consists of three counties, the
8-20 board consists of nine directors, with each county commissioners
8-21 court making three appointments, of which
8-22 (A) one must represent the interests public
8-23 water suppliers in the county, or both;
8-24 (B) one must represent agriculture interests in
8-25 the county; and
8-26 (C) one must represent industrial interests in
9-1 the county.
9-2 (3) if the district consists of two counties, the
9-3 board consists of eight directors, with each county commissioners
9-4 court making four appointments, of which
9-5 (A) one must represent the interests of
9-6 municipalities in the county;
9-7 (B) one must represent agriculture interests in
9-8 the county;
9-9 (C) one must represent industrial interests in
9-10 the county; and
9-11 (D) one must represent the interests of rural
9-12 water suppliers in the county.
9-13 (4) if the district consists of one county, the board
9-14 of directors consists of eight directors, appointed by the county
9-15 commissioners court, of which
9-16 (A) one must represent municipal interests;
9-17 (B) two must represent agricultural interests;
9-18 (C) two must represent industrial interests; and
9-19 (D) two must represent rural water suppliers'
9-20 interests.
9-21 (E) one must represent the interests of the
9-22 county at large.
9-23 (b) The commissioners courts of the counties within the
9-24 district shall each appoint the appropriate number of initial
9-25 directors as soon as practicable following the effective date of
9-26 this Act, but not later than the 90th day after the effective date
10-1 of this Act.
10-2 (c) The initial directors shall draw lots to determine their
10-3 terms. A simple majority of the initial directors if an odd number
10-4 are appointed or half of the initial directors if an even number
10-5 are appointed serve terms that expire on the second anniversary of
10-6 the date on which all initial directors have qualified as required
10-7 by Section 12. The remaining initial directors serve terms that
10-8 expire on the fourth anniversary of the date on which all initial
10-9 directors have qualified as required by Section 12. On the second
10-10 anniversary of the date on which all initial directors have
10-11 qualified as required by Section 12 and every two years after that
10-12 date, the appropriate commissioners courts shall appoint the
10-13 appropriate number of permanent directors.
10-14 SECTION 14. ORGANIZATION MEETING. As soon as practicable
10-15 after all the initial directors have been appointed and have
10-16 qualified as provided in this Act, a majority of the directors
10-17 shall convene the organizational meeting of the district at a
10-18 location within the district agreeable to a majority of the
10-19 directors. If no location can be agreed on, the organizational
10-20 meeting of the directors shall be at the Washington County
10-21 Courthouse.
10-22 SECTION 15. CONFIRMATION ELECTION. (a) The initial board
10-23 of directors shall call and hold, on the same date in each county
10-24 to be included in the district, an election to confirm the creation
10-25 of the district.
10-26 (b) Except as provided by this section, a confirmation
11-1 election must be conducted as provided by Sections 36.017, 36.018,
11-2 and 36.019, Water Code, and the Election Code.
11-3 (c) If the majority of qualified voters in a county who vote
11-4 in the election to confirm the creation of the district, that
11-5 county is included in the district. If the majority of qualified
11-6 voters in a county who vote in the election vote not to confirm the
11-7 creation of the district, that county is excluded from the
11-8 district.
11-9 (d) If the creation of the district is not confirmed by an
11-10 election held under this section before the second anniversary of
11-11 the effective date of this Act, the district is dissolved and this
11-12 Act expires on that date.
11-13 SECTION 16. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
11-14 (a) The proper and legal notice of the intention to introduce this
11-15 Act, setting forth the general substance of this Act, has been
11-16 published as provided by law, and the notice and a copy of this Act
11-17 have been furnished to all persons, agencies, officials, or
11-18 entities to which they are required to be furnished by the
11-19 constitution and other laws of this state, including the governor,
11-20 who has submitted the notice and Act to the Texas Natural Resource
11-21 Conservation Commission.
11-22 (b) The Texas Natural Resource Conservation Commission has
11-23 filed its recommendations relating to this Act with the governor
11-24 and the speaker of the house of representatives within the required
11-25 time.
11-26 (c) All requirements of the constitution and laws of this
12-1 state and the rules and procedures of the legislature with respect
12-2 to the notice, introduction, and passage of this Act are fulfilled
12-3 and accomplished.
12-4 SECTION 17. EFFECTIVE DATE. This Act takes effect September
12-5 1, 2001.