By: Ogden S.B. No. 785
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 Walker 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 Walker Groundwater Conservation
1-8 District, is created in Walker County subject to approval at a
1-9 confirmation election under Section 14 of this Act. The district
1-10 is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution; and
1-14 (c) The purpose of this Act is to create a locally
1-15 controlled groundwater district in order to protect, recharge, and
1-16 prevent the waste of groundwater, and to control subsidence caused
1-17 by withdrawal of water from the groundwater reservoirs in the area,
1-18 and to regulate the transport of water out of the boundaries of the
1-19 district;
1-20 SECTION 2. DEFINITION. In this Act, "district" means the
1-21 Walker Groundwater Conservation District.
1-22 SECTION 3. BOUNDARIES. The boundaries of the district are
1-23 coextensive with the boundaries of Walker County.
2-1 SECTION 4. FINDING OF BENEFIT. All of the land and other
2-2 property included within the boundaries of the district will be
2-3 benefitted by the works and projects that are to be accomplished by
2-4 the district under powers conferred by Section 59, Article XVI,
2-5 Texas Constitution. The district is created to serve a public use
2-6 and benefit.
2-7 SECTION 5. GENERAL POWERS. (a) Except as otherwise
2-8 provided by this Act, the district has all the rights, powers,
2-9 privileges, authority, functions, and duties provided by the
2-10 general law of this state, including Chapter 36, Water Code,
2-11 applicable to groundwater conservation districts created under
2-12 Section 59, Article XVI, Texas Constitution. This Act prevails
2-13 over any provision of general law, including Chapter 36, Water
2-14 Code, that is in conflict or is inconsistent with this Act.
2-15 (b) The district does not have the authority granted by the
2-16 following provisions of Chapter 36, Water Code:
2-17 (1) Section 36.105, relating to eminent domain; and
2-18 (2) Sections 36.020 and 36.201-36, 204, relating to
2-19 taxes.
2-20 SECTION 6. FEES. (a) The board of directors of the
2-21 district by rule may impose reasonable fees on each well for which
2-22 a permit is issued by the district and that is not exempt from
2-23 regulation by the district. A fee may be based on the size of
2-24 column pipe used by the well or on the actual, authorized, or
2-25 anticipated amount of water to be withdrawn from the well.
2-26 (b) Fees shall not exceed:
3-1 (1) one dollar per acre foot for water used for
3-2 irrigating agricultural crops; or
3-3 (2) 17 cents per thousand gallons for water used for
3-4 any other purpose.
3-5 (c) In addition to the fee authorized under Subsection (b)
3-6 of this section, the district may assess a fee on groundwater from
3-7 a well that is produced for transport outside the district. The
3-8 combined fees may not exceed the limit on a fee amount set by
3-9 Section 36.205(c), Water Code.
3-10 (d) Fees authorized by this section may be assessed annually
3-11 and may be used to fund the cost of District operations and
3-12 expenses of the district's or council's operations.
3-13 SECTION 7. EXEMPTIONS.
3-14 (a) Pursuant to Section 36.117, Water Code, as amended, a
3-15 district may exempt wells from the requirements to obtain a
3-16 drilling permit, an operating permit, or any other permit required
3-17 by this chapter or the district's rules. A district may not
3-18 require a permit for:
3-19 (1) drilling or producing from a well either drilled,
3-20 completed, or equipped so that it is incapable of producing more
3-21 than 25,000 gallons of groundwater a day;
3-22 (2) the drilling or alteration of the size of a well
3-23 or to restrict the production of a well if the water produced or to
3-24 be produced from the well is used or to be used to supply the
3-25 domestic needs of 10 or fewer households and a person who is a
3-26 member of each household is either the owner of the well, a person
4-1 related to the owner or a member of the owner's household within
4-2 the second degree by consanguinity, or an employee of the owner;
4-3 (3) the drilling or alteration of the size of a well
4-4 or to restrict the production from the well if the water produced
4-5 or to be produced from the well is used or to be used to provide
4-6 water for feeding livestock and poultry connected with farming,
4-7 ranching, or dairy enterprises; or
4-8 (4) water wells to supply water for hydrocarbon
4-9 production activities, regardless of whether those wells are
4-10 producing, that are associated with any well permitted by the
4-11 Railroad Commission of Texas drilled before September 1, 1985.
4-12 (b) The board shall adopt rules determining the
4-13 applicability of Subsection (a)(3) to facilities used primarily for
4-14 feeding livestock.
4-15 (c) The district shall not deny the owner of a tract of
4-16 land, or his lessee, who has no well equipped to produce more than
4-17 25,000 gallons a day on the tract, either a permit to drill a well
4-18 on his land or the privilege to produce groundwater from his land,
4-19 subject to the rules of the district.
4-20 (d) A district may not restrict the production of any well
4-21 equipped to produce 25,000 gallons or less a day.
4-22 (e) Water wells exempted under this section shall be
4-23 equipped and maintained so as to conform to the district's rules
4-24 requiring installation of casing, pipe, and fittings to prevent the
4-25 escape of groundwater from a groundwater reservoir to any reservoir
4-26 not containing groundwater and to prevent the pollution or harmful
5-1 alteration of the character of the water in any groundwater
5-2 reservoir.
5-3 (f) A district shall require water wells exempted under this
5-4 section to be registered with the district before drilling. All
5-5 exempt water wells shall be equipped and maintained so as to
5-6 conform to the district's rules requiring installation of casing,
5-7 pipe, and fittings to prevent the escape of groundwater from a
5-8 groundwater reservoir to any reservoir not containing groundwater
5-9 and to prevent the pollution or harmful alteration of the character
5-10 of the water in any groundwater reservoir.
5-11 (g) A well to supply water for a subdivision of land for
5-12 which a plat approval is required by law is not exempted under this
5-13 section.
5-14 SECTION 8. MINING EXEMPTION. (a) A groundwater well that
5-15 is used by a mining operation and permitted by the Railroad
5-16 Commission of Texas is exempt from permit requirements,
5-17 regulations, and fees imposed by the district if the amount of
5-18 water withdrawn from the well is not greater than the amount
5-19 required by the mining operation for mining purposes. A mining
5-20 operation that withdraws the amount of water required for mining
5-21 purposes, uses that water for mining purposes, and then puts that
5-22 water to another use does not forfeit the exemption granted by this
5-23 section, but any production of water in addition to water withdrawn
5-24 for mining purposes is subject to district permitting and
5-25 regulation.
5-26 (b) The district may require a well used for mining purposes
6-1 and exempt under this section to comply with the spacing
6-2 requirements of the district if any withdrawals from that well are
6-3 in addition to withdrawals for mining purposes.
6-4 (c) A mining operation may voluntarily waive the exemption
6-5 granted by this section.
6-6 SECTION 9. MANAGEMENT PLAN. The district shall develop or
6-7 contract to develop its own management plan under Section 36.1071,
6-8 Water Code.
6-9 SECTION 10. PERMITTING. (a) The district shall issue
6-10 permits for wells based on the consideration of whether:
6-11 (1) the application conforms to the requirements
6-12 prescribed by Chapter 36, Water Code, and is accompanied by the
6-13 prescribed fees;
6-14 (2) the proposed use of water is consistent with
6-15 the district's certified water management plan;
6-16 (3) the proposed use of water is dedicated to
6-17 any beneficial use;
6-18 (4) the applicant has agreed to avoid waste and
6-19 achieve water conservation; and
6-20 (5) the applicant has agreed that reasonable
6-21 diligence will be used to protect groundwater quality and that the
6-22 applicant will follow well plugging guidelines at the time of well
6-23 closure.
6-24 (6) the proposed use would not present the
6-25 possibility of unreasonable interference with the production of
6-26 water from exempt, existing, or previously permitted wells;
7-1 (7) the proposed use would not unreasonably
7-2 interfere with an adjoining landowner's ability to produce water
7-3 from his property.
7-4 SECTION 11. BOARD OF DIRECTORS. (a) The district is
7-5 governed by a board of directors appointed as provided by Section
7-6 12.
7-7 (b) Initial directors serve until permanent directors are
7-8 appointed under Section 12 of this Act and qualified as required by
7-9 Subsection (d) of this section.
7-10 (c) Permanent directors serve four-year staggered terms.
7-11 (d) Each director must qualify to serve as a director in the
7-12 manner provided by Section 36.055, Water Code.
7-13 (e) A director serves until the director's successor has
7-14 qualified.
7-15 (f) A director may serve consecutive terms.
7-16 (g) If there is a vacancy on the board, the governing body
7-17 of the entity that appointed the director who vacated the office
7-18 shall appoint a director to serve the remainder of the term.
7-19 (h) Directors are not entitled to receive compensation for
7-20 serving as a director but may be reimbursed for actual, reasonable
7-21 expenses incurred in the discharge of official duties.
7-22 (i) A majority vote of a quorum is required for board
7-23 action. If there is a tie vote, the proposed action fails.
7-24 SECTION 12. APPOINTMENT OF DIRECTORS. (a) The Walker
7-25 County Commissioners Court shall appoint eight directors, of whom:
7-26 (1) two must represent municipal interests in the
8-1 county;
8-2 (2) two must represent agriculture interests in the
8-3 county;
8-4 (3) two must represent rural water suppliers' interest
8-5 in the county; and
8-6 (4) two must represent industrial interests in the
8-7 county.
8-8 (b) The governing body authorized by this section to make an
8-9 appointment shall appoint the appropriate number of initial
8-10 directors as soon as practicable following the effective date of
8-11 this Act, but not later than the 45th day after the effective date
8-12 of this Act.
8-13 (c) The initial directors shall draw lots to determine their
8-14 terms. Five initial directors from Walker County serve terms that
8-15 expire on January 1 of the second year following the confirmation
8-16 of the district at an election held under Section 14 of this
8-17 article. The remaining five initial directors serve terms that
8-18 expire on January 1 of the fourth year following the confirmation
8-19 of the district. On January 1 of the second year following
8-20 confirmation of the district and every two years after that date,
8-21 the commissioners court shall appoint the appropriate number of
8-22 permanent directors.
8-23 SECTION 13. ORGANIZATION MEETING. As soon as practicable
8-24 after all the initial directors have been appointed and have
8-25 qualified as provided in this Act, a majority of the directors
8-26 shall convene the organizational meeting of the district at a
9-1 location within the district agreeable to a majority of the
9-2 directors. If no location can be agreed on, the organizational
9-3 meeting of the directors shall be at the Walker County Courthouse.
9-4 SECTION 14. CONFIRMATION ELECTION. (a) The initial board
9-5 of directors shall call and hold, on the same date in each county
9-6 to be included in the district, an election to confirm the creation
9-7 of the district.
9-8 (b) Except as provided by this section, a confirmation
9-9 election must be conducted as provided by Sections 36.017, 36.018,
9-10 and 36.019, Water Code, and the Election Code.
9-11 (c) If the majority of qualified voters in a county who vote
9-12 in the election to confirm the creation of the district, that
9-13 county is included in the district. If the majority of qualified
9-14 voters in a county who vote in the election vote not to confirm the
9-15 creation of the district, that county is excluded from the
9-16 district.
9-17 (d) If the creation of the district is not confirmed by an
9-18 election held under this section before the second anniversary of
9-19 the effective date of this Act, the district is dissolved and this
9-20 Act expires on that date.
9-21 SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
9-22 (a) The proper and legal notice of the intention to
9-23 introduce this Act, setting forth the general substance of this
9-24 Act, has been published as provided by law, and the notice and a
9-25 copy of this Act have been furnished to all persons, agencies,
9-26 officials, or entities to which they are required to be furnished
10-1 by the constitution and other laws of this state, including the
10-2 governor, who has submitted the notice and Act to the Texas Natural
10-3 Resource Conservation Commission.
10-4 (b) The Texas Natural Resource Conservation Commission has
10-5 filed its recommendations relating to this Act with the governor
10-6 and the speaker of the house of representatives within the
10-7 required time.
10-8 (c) All requirements of the constitution and laws of this
10-9 state and the rules and procedures of the legislature with respect
10-10 to the notice, introduction, and passage of this Act are fulfilled
10-11 and accomplished.
10-12 SECTION 16. EFFECTIVE DATE. This Act takes effect September
10-13 1, 2001.