79R2202 SGA-F
By: Madla S.B. No. 1896
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Val Verde County Groundwater
Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Val Verde County Groundwater
Conservation District.
SECTION 2. CREATION. A groundwater conservation district,
to be known as the Val Verde County Groundwater Conservation
District, is created in Val Verde County, subject to approval at a
confirmation election under Section 7 of this Act.
SECTION 3. FINDINGS OF BENEFIT. (a) The district is
created to serve a public use and benefit.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(c) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 4. CONTINUING PROVISIONS OF DISTRICT. Subtitle H,
Title 6, Special District Local Laws Code, is amended by adding
Chapter 8804 to read as follows:
CHAPTER 8804. VAL VERDE COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8804.001. DEFINITIONS. In this chapter:
(1) "Agricultural use" means any use or activity
involving agriculture, including irrigation.
(2) "Agriculture" means any of the following
activities:
(A) cultivating the soil to produce crops for
human food, animal feed, or planting seed or for the production of
fibers;
(B) the practice of floriculture, viticulture,
silviculture, and horticulture, including the cultivation of
plants in containers of nonsoil media, by a nursery grower;
(C) raising, feeding, or keeping animals, other
than fish, for breeding purposes or for the production of food or
fiber, leather, pelts, or other tangible products having a
commercial value;
(D) planting cover crops, including cover crops
cultivated for transplantation, or leaving land idle for the
purpose of participating in any governmental program or normal crop
or livestock rotation procedure;
(E) wildlife management; and
(F) raising or keeping equine animals.
(3) "Board" means the board of directors of the
district.
(4) "Director" means a member of the board.
(5) "District" means the Val Verde County Groundwater
Conservation District.
(6) "Domestic use" means use in the district of water
by a person owning the well from which the water is withdrawn and by
that person's household for:
(A) drinking, washing, or culinary purposes;
(B) irrigation of lawns;
(C) irrigation of a family garden or orchard the
produce of which is for household consumption only;
(D) swimming pools, decorative ponds, or
fountains on the person's property; and
(E) watering of domestic animals not raised,
maintained, or sold for commercial purposes.
(7) "Political subdivision" means a county,
municipality, or other body politic or corporate of the state,
including a district or authority created under Section 52, Article
III, or Section 59, Article XVI, Texas Constitution, a state
agency, or a nonprofit water supply corporation created under
Chapter 67, Water Code.
Sec. 8804.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Val Verde County created under
Section 59, Article XVI, Texas Constitution.
Sec. 8804.003. DISTRICT PURPOSE. The district is created
to:
(1) provide for the protection, recharging, and
prevention of waste of groundwater in the Val Verde County area;
(2) control subsidence caused by the withdrawal of
water from the groundwater reservoirs in the Val Verde County area;
(3) regulate the transport of groundwater out of the
boundaries of the district;
(4) maintain at least the minimum spring flow of San
Felipe Springs based on the 1996 San Felipe Springs flow; and
(5) manage the issuance of permits for the transfer of
groundwater by:
(A) requiring groundwater availability models of
permit applicants; and
(B) using sustainable yield calculations to
manage withdrawal of groundwater to protect the aquifer and springs
in the district.
[Sections 8804.004-8804.050 reserved for expansion]
SUBCHAPTER B. TERRITORY
Sec. 8804.051. BOUNDARIES. The boundaries of the district
are coextensive with the boundaries of Val Verde County, Texas.
[Sections 8804.052-8804.100 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8804.101. BOARD. The board consists of seven
directors.
Sec. 8804.102. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (a) The directors of the district shall be elected
according to the commissioners precinct method as provided by this
section.
(b) Three directors shall be elected by the voters of the
entire district, and one director shall be elected from each county
commissioners precinct by the voters of that precinct.
(c) Except as provided by Subsection (e), to be eligible to
be a candidate for or to serve as director at large, a person must be
a registered voter in the district. To be a candidate for or to
serve as director from a county commissioners precinct, a person
must be a registered voter of that precinct.
(d) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(e) When the boundaries of the county commissioners
precincts are redrawn after each federal decennial census to
reflect population changes, a director in office on the effective
date of the change, or a director elected or appointed before the
effective date of the change whose term of office begins on or after
the effective date of the change, shall serve in the precinct from
which elected or appointed even though the change in boundaries
places the person's residence outside the precinct from which the
person was elected or appointed.
Sec. 8804.103. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date prescribed by Section 41.001, Election Code,
in November of each even-numbered year.
Sec. 8804.104. TERMS. (a) Directors serve staggered
four-year terms.
(b) A director may serve for consecutive terms.
Sec. 8804.105. COMPENSATION. (a) A director is not
entitled to receive fees of office for performing the duties of a
director.
(b) The board may authorize a director to receive
reimbursement for the director's reasonable expenses incurred
while engaging in activities outside the district on behalf of the
board.
[Sections 8804.106-8804.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8804.151. POWERS AND DUTIES. Except as otherwise
provided by this chapter, the district has all of the rights,
powers, privileges, authority, functions, and duties provided by
the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution.
Sec. 8804.152. PERMIT TO TRANSFER GROUNDWATER. (a) The
district by rule shall:
(1) require a person to obtain a permit from the
district to transfer groundwater out of the district; and
(2) regulate the terms of a transfer of groundwater
out of the district.
(b) The district shall develop rules under this section
that:
(1) are consistent with the requirements of Section
36.122, Water Code;
(2) manage the issuance of permits using a sustainable
yield calculation in which the sustainable yield of the aquifer is
measured by calculating the average water withdrawal during a
calendar year and determining that the average water withdrawal
does not exceed the long-term recharge as determined by the Texas
Water Development Board under Section 8804.161; and
(3) maintain at least the 1996 minimum spring flow of
San Felipe Springs and at least the minimum flows of all other
springs in the district as determined by the initial groundwater
study conducted under Section 8804.161.
(c) The district shall use a groundwater availability
model, and not historical use, as the basis for issuing permits.
(d) A permit issued under this section, except for a permit
issued under Section 8804.153(a), does not establish historical
use.
Sec. 8804.153. PERMITS FOR USE SOLELY INSIDE DISTRICT. (a)
The district shall grant the City of Del Rio a permit in the city's
name that authorizes the city to pump from all city wells a stated
cumulative amount of not less than 15,000 acre-feet of water
annually for use solely inside the district. If the study performed
under Section 8804.162 finds that sufficient groundwater is
available, the district shall amend the city's permit to authorize
the city to pump from all city wells a stated cumulative amount of
not less than 20,000 acre-feet of water annually for use solely
inside the district. This subsection does not limit the City of Del
Rio's right to apply for or obtain a permit to transfer groundwater
under Section 8804.152.
(b) The district shall grant to a nonprofit rural water
supply corporation, water district, or other political subdivision
a permit that authorizes the water supply corporation, water
district, or other political subdivision to pump from its wells
annually a volume of water that is not less than the volume equal to
twice its greatest water usage in a calendar year before the date
the district is confirmed at an election held for that purpose, for
use solely inside the district.
Sec. 8804.154. AGRICULTURAL USE PERMIT. (a) Except as
provided by Section 8804.155, the district shall grant any
application for an agricultural use permit for any well that is used
solely for agricultural use inside the district. The district
shall issue an agricultural use permit in an amount that is not less
than five acre-feet of water per acre actually cultivated per year.
An agricultural use permit is nontransferable and expires on the
date the well ceases to be used solely for agricultural use inside
the district.
(b) This section does not limit the well owner's right to
apply for or obtain a permit to transfer groundwater under Section
8804.152.
Sec. 8804.155. LIMITATION ON WELL PERMIT REQUIREMENTS. (a)
The district may not require a person to obtain a permit from the
district for:
(1) a well used solely for domestic use or for
providing water for livestock or poultry on a tract of land smaller
than 10 acres that is either drilled, completed, or equipped so that
it is incapable of producing more than 30,000 gallons of
groundwater a day;
(2) a well used solely for domestic use or for
providing water for livestock or poultry on a tract of land 10 acres
or larger that is either drilled, completed, or equipped so that it
is incapable of producing more than 50,000 gallons of groundwater a
day; or
(3) any well in use before the date the district is
confirmed at an election held for that purpose and used solely for
agricultural use.
(b) The district shall require a permit for a well described
by Subsection (a)(3) that ceases to be used solely for agricultural
use. The district also may impose a fee on the well as provided by
Section 8804.202(c)(1)(A).
(c) An owner of a well described by this section shall
register the well with the district.
(d) A well owner is entitled to a permit exemption under
this section only if water from the well is used solely inside the
district. If water from a well is not used solely inside the
district, the well owner must obtain a permit.
Sec. 8804.156. REPLACEMENT WELL. (a) A new well that
replaces an abandoned or decommissioned well is subject to the same
permit requirements or exemption as the well it replaces if the
replacement well:
(1) is used solely for the same purposes as the well it
replaces; and
(2) serves the same area as the well it replaces.
(b) The district may not require a person who repairs or
modifies a well to obtain a permit for that well if the well:
(1) is exempt under Section 8804.155; and
(2) continues to be used solely for agricultural use.
Sec. 8804.157. PROHIBITION ON DISTRICT PURCHASE, SALE,
TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
purchase, sell, transport, or distribute surface water or
groundwater for any purpose.
Sec. 8804.158. PROHIBITION ON DISTRICT USE OF EMINENT
DOMAIN. The district may not exercise the power of eminent domain.
Sec. 8804.159. REGIONAL COOPERATION. To provide for
regional continuity, the district shall:
(1) participate as needed in coordination meetings
with other groundwater districts in its designated management area;
(2) coordinate the collection of data with other
groundwater conservation districts in its designated management
area in such a way as to achieve relative uniformity of data type
and quality;
(3) coordinate efforts to monitor water quality with
other groundwater conservation districts in its designated
management area, local governments, and state agencies;
(4) provide groundwater level data to other
groundwater conservation districts in its designated management
area;
(5) investigate any groundwater or aquifer pollution
with the intention of locating its source;
(6) notify other groundwater conservation districts
in its designated management area and all appropriate agencies of
any groundwater pollution detected; and
(7) include other groundwater conservation districts
in its designated management area on the mailing lists for district
newsletters, seminars, public education events, news articles, and
field days.
Sec. 8804.160. WATER CONSERVATION INITIATIVE. The district
may create a water conservation initiative as described by Section
11.32, Tax Code.
Sec. 8804.161. TEXAS WATER DEVELOPMENT BOARD STUDY. At
least once every 10 years and at any other time the board considers
necessary to implement Section 8804.152(b)(2), the staff of the
Texas Water Development Board shall make a complete study of the
groundwater in the district and determine:
(1) the water level;
(2) the rates and amounts of groundwater withdrawal;
(3) the rates and amounts by which the groundwater is
recharged;
(4) rainwater levels; and
(5) other information relating to the sustainable
yield of the aquifer under Section 8804.152(b)(2).
Sec. 8804.162. LOCAL STUDY OF GROUNDWATER AVAILABILITY.
(a) Except as provided by Subsection (b), not later than the 10th
anniversary of the date on which the district is confirmed, the
district shall complete a study to determine whether there is
sufficient groundwater to amend the permit granted under Section
8804.153(a) to the City of Del Rio as authorized by Section
8804.153(a).
(b) In place of the district's study, the City of Del Rio may
perform a study of the groundwater availability in the district and
the board may rely on the city's study if the city's study meets the
criteria of the Texas Water Development Board study required by
Section 8804.161.
Sec. 8804.163. MORATORIUM ON TRANSFER PERMITS. (a) The
district shall impose a moratorium on the issuance of permits for
the transfer of groundwater during each period set aside to conduct
and consider a groundwater study under Section 8804.161.
(b) Except for the initial study, the district by rule shall
specify the length of the period set aside to conduct and consider
groundwater studies under Section 8804.161.
(c) The district may not issue a permit for the transfer of
groundwater until:
(1) an initial groundwater study under Section
8804.161 is completed and submitted to the district;
(2) the district determines the amount of groundwater
needed to maintain the minimum flow of each spring in the district;
and
(3) the district establishes by rule the amount of
groundwater reserved solely to maintain minimum flows for all
springs in the district.
[Sections 8804.164-8804.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8804.201. LIMITATION ON TAXES. (a) The district may
not levy ad valorem taxes at a rate that exceeds five cents on each
$100 of assessed valuation of taxable property in the district.
(b) The district may not levy ad valorem taxes at a rate that
exceeds 2-1/2 cents on each $100 of assessed valuation of taxable
property in the district for the first two tax years after the
district's confirmation.
(c) Not later than the seventh anniversary of the date on
which the district is confirmed, the district shall maintain in
reserve at all times not less than six months and not more than two
years of operating capital. If the district's reserve operating
capital at any time exceeds the amount needed to operate the
district for two years, the district must:
(1) reduce taxes so as not to collect more revenue than
is needed to operate the district; or
(2) perform a recharge project with the excess
revenue.
Sec. 8804.202. FEES. (a) The board by rule may impose
reasonable fees on each well:
(1) for which a permit is issued by the district; and
(2) that is not exempt from district regulation.
(b) A production fee may be based on:
(1) the size of column pipe used by the well; or
(2) the amount of water actually withdrawn from the
well, or the amount authorized or anticipated to be withdrawn.
(c) The board shall base the initial production fee on the
criteria listed in Subsection (b)(2). The initial production fee:
(1) may not exceed:
(A) $0.25 per acre-foot for water used for
agricultural irrigation; or
(B) $0.0425 per thousand gallons for water used
for any other purpose; and
(2) may be increased at a cumulative rate not to exceed
three percent per year.
(d) In addition to the production fee authorized under this
section, the district may assess an export fee on groundwater from a
well that is produced for transport outside the district.
(e) Fees authorized by this section may be:
(1) assessed annually or monthly; and
(2) used to pay the cost of district operations.
Sec. 8804.203. EXEMPTION FROM FEES. (a) Except as provided
by Subsection (b), the district may not impose a fee on a well
drilled by a nonprofit rural water supply corporation, water
district, or other political subdivision if the well's production
is for use within the district.
(b) The district by emergency order of the board may impose
a reasonable and temporary production fee on a well described by
Subsection (a) if:
(1) severe drought or another district emergency makes
the fee necessary; and
(2) the term of the order does not exceed 180 days.
SECTION 5. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than the 45th day after the effective date of this Act:
(1) the Val Verde County Commissioners Court shall
appoint one temporary director from each of the four commissioners
precincts in the county to represent the precinct in which the
temporary director resides;
(2) the county judge of Val Verde County shall appoint
one temporary director who resides in the district to represent the
district at large; and
(3) the Del Rio City Council shall appoint two
temporary directors, each of whom resides in the district, to
represent the district at large.
(b) Of the temporary directors, at least one director must
represent rural water suppliers in the district, one must represent
agricultural interests in the district, one must represent
industrial interests in the district, and one must represent
municipal water suppliers.
(c) If there is a vacancy on the temporary board of
directors of the district, the remaining temporary directors shall
appoint a person to fill the vacancy in a manner that meets the
representational requirements of this section.
(d) Temporary directors serve until temporary directors
become initial directors as provided by Section 8 of this Act or
this Act expires under Section 12, whichever occurs earlier.
SECTION 6. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 36.055, Water Code, a majority of the
temporary directors shall convene the organizational meeting of the
district at a location within the district agreeable to a majority
of the directors. If no location can be agreed upon, the
organizational meeting shall be at the Val Verde County Courthouse.
SECTION 7. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election to confirm the creation of the
district.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(c) Except as provided by this section, a confirmation
election must be conducted as provided by Sections 36.017(b)-(i),
Water Code, and the Election Code.
(d) The district may hold a subsequent confirmation
election if the previous confirmation election fails to pass. A
subsequent confirmation election may not be held sooner than one
year after the date of the previous confirmation election.
(e) The confirmation election ballot shall be printed to
permit voting for or against the proposition: "To create the Val
Verde County Groundwater Conservation District and to authorize the
district to impose an ad valorem tax at a rate not to exceed 5 cents
for each $100 valuation of all taxable property in the district with
no more than a 2.5-cent tax for each $100 valuation of all taxable
property in the district for the first two tax years after the
district's confirmation."
(f) If the establishment of the district is not confirmed at
an election held under this section before September 1, 2010, the
district is dissolved, except that:
(1) any debts incurred shall be paid;
(2) any assets that remain after the payment of debts
shall be transferred to Val Verde County; and
(3) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred.
SECTION 8. INITIAL DIRECTORS. If creation of the district
is confirmed at an election held under Section 7 of this Act, the
temporary directors of the district become the initial directors of
the district and serve on the board of directors until permanent
directors are elected under Section 9 of this Act.
SECTION 9. ELECTION OF PERMANENT DIRECTORS. (a) The
initial directors serve until the first regularly scheduled
election of directors under Subsection (b) of this section.
(b) On the uniform election date prescribed by Section
41.001, Election Code, in November of the first even-numbered year
after the year in which the district is authorized to be created at
a confirmation election, an election shall be held in the district
for the election of seven directors. The elected directors shall
draw lots to determine which three directors shall serve terms
lasting until the first regularly scheduled election under Section
8804.103, Special District Local Laws Code, as added by this Act,
and which four shall serve until the second regularly scheduled
directors election.
SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The legal notice of the intention to introduce this Act,
setting forth the general substance of this Act, has been published
as provided by law, and the notice and a copy of this Act have been
furnished to all persons, agencies, officials, or entities to which
they are required to be furnished under Section 59, Article XVI,
Texas Constitution, and Chapter 313, Government Code.
(b) The governor has submitted the notice and Act to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 11. STUDY COMPLETION. Not later than the 180th day
after the date the district is confirmed at an election held for
that purpose, the Texas Water Development Board shall complete the
initial study required by Section 8804.161, Special District Local
Laws Code, as added by this Act, and deliver the findings of the
study to the board.
SECTION 12. EXPIRATION. (a) If the creation of the
district is not confirmed at a confirmation election held under
Section 7 of this Act before September 1, 2010, this Act expires on
that date.
(b) The expiration of this Act does not affect the liability
of the district to pay any debt incurred or the transfer of any
assets remaining to Val Verde County as required by Section 7(f) of
this Act.
SECTION 13. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2005.