|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the name, administration, powers, and duties of the |
|
Collingsworth County Underground Water Conservation District. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 376, Acts of the 69th Legislature, |
|
Regular Session, 1985, is amended by amending Sections 1, 3, 4, 5, |
|
and 6 and by adding Section 4A to read as follows: |
|
Sec. 1. CREATION OF DISTRICT. Under Article XVI, Section |
|
59, of the Texas Constitution the Collingsworth County Underground |
|
Water Conservation District is [created as] a governmental agency |
|
and body politic and corporate, authorized to exercise the powers |
|
essential to the accomplishment of the purposes of that |
|
constitutional provision and to exercise the rights, powers, |
|
duties, privileges, and functions provided by this Act and by |
|
Chapter 36 [Chapters 51 and 52], Water Code, and by other laws of |
|
this state relating to underground water conservation districts. |
|
Sec. 3. BOUNDARY OF DISTRICT. The district includes all of |
|
the territory located in Collingsworth County and any territory |
|
annexed by the district. |
|
Sec. 4. PURPOSE OF DISTRICT. The district is created to |
|
provide for the conservation, preservation, protection, recharge, |
|
and prevention of waste of the underground water reservoirs located |
|
under district land consistent with the objectives of Article XVI, |
|
Section 59, of the Texas Constitution and Chapter 36 [Chapters 51
|
|
and 52], Water Code. |
|
Sec. 4A. DISTRICT NAME CHANGE. The board by resolution may |
|
change the district's name. |
|
Sec. 5. POWERS AND DUTIES OF DISTRICT. The district may |
|
exercise the powers, rights, privileges, and functions permitted by |
|
Chapter 36 [Chapters 51 and 52], Water Code, and may: |
|
(1) make and enforce rules to provide for conserving, |
|
preserving, protecting, recharging, and preventing waste of the |
|
water from the underground water reservoirs; |
|
(2) enforce its rules by injunction, mandatory |
|
injunction, or other appropriate remedies in a court of competent |
|
jurisdiction; |
|
(3) require permits for the drilling, equipping, and |
|
completion of wells in the underground water reservoirs in the |
|
district and issue permits that include terms and provisions with |
|
reference to the drilling, equipping, and completion of the wells |
|
that are necessary to prevent waste or conserve, preserve, and |
|
protect underground water; |
|
(4) provide for the spacing of wells producing from |
|
the underground water reservoirs in the district and regulate the |
|
production from those wells to minimize as far as practicable the |
|
drawdown of the water table or the reduction of the artesian |
|
pressure, provided, the owner of the land, his heirs, assigns, and |
|
lessees are not denied a permit to drill a well on their land and the |
|
right to produce underground water from that well subject to rules |
|
adopted under this Act; |
|
(5) require records to be kept and reports to be made |
|
of the drilling, equipping, and completion of wells into any |
|
underground water reservoir in the district and the taking and use |
|
of underground water from those reservoirs and require accurate |
|
driller's logs to be kept of those wells and a copy of those logs and |
|
of any electric logs that may be made of the wells to be filed with |
|
the district; |
|
(6) acquire land for the erection of dams and for the |
|
purpose of draining lakes, draws, and depressions; construct dams, |
|
drain lakes, depressions, draws, and creeks; and install pumps and |
|
other equipment necessary to recharge any underground water |
|
reservoirs in the district; |
|
(7) have made by registered professional engineers |
|
surveys of the underground water of any underground water reservoir |
|
in the district and of the facilities for the development, |
|
production, and use of that underground water and determine the |
|
quantity of the underground water available for production and use |
|
and the improvements, developments, and recharges needed for those |
|
underground water reservoirs; |
|
(8) develop comprehensive plans for the most efficient |
|
use of the underground water of any underground water reservoir in |
|
the district and for the control and prevention of waste of that |
|
underground water, with the plans to specify in the amount of detail |
|
that may be practicable the acts, procedure, performance, and |
|
avoidance that are or may be necessary to carry out those plans, |
|
including specifications; |
|
(9) carry out research projects, develop information, |
|
and determine limitations, if any, that should be made on the |
|
withdrawal of underground water from any underground water |
|
reservoir in the district; |
|
(10) collect and preserve information regarding the |
|
use of the underground water and the practicability of recharge of |
|
any underground water reservoir in the district; |
|
(11) publish plans and information, bring them to the |
|
notice and attention of the users of the underground water in the |
|
district, and encourage their adoption and execution; and |
|
(12) contract for, sell, and distribute water from a |
|
water import authority or other agency. |
|
Sec. 6. ADMINISTRATIVE PROCEDURES. Except as provided by |
|
this Act, the administrative and procedural provisions of Chapter |
|
36 [Chapters 51 and 52], Water Code, apply to the district. |
|
SECTION 2. Section 7(a), Chapter 376, Acts of the 69th |
|
Legislature, Regular Session, 1985, is amended to read as follows: |
|
(a) In addition to other requirements provided by law, the |
|
district shall file with the county treasurer of each county in |
|
whose jurisdiction the district is located [Collingsworth County] |
|
copies of all audits, orders of the board of directors, and other |
|
documents relating to district finances. The copies shall be filed |
|
within 60 days after the audits are completed, the orders are |
|
adopted, or the other documents are finalized. |
|
SECTION 3. Section 12, Chapter 376, Acts of the 69th |
|
Legislature, Regular Session, 1985, is amended to read as follows: |
|
Sec. 12. ANNEXATION; EFFECT ON BOARD OF DIRECTORS. (a) |
|
Additional territory may be added to the district as provided by |
|
Chapter 36 [49], Water Code. If the district annexes additional |
|
territory, the board of directors may add the annexed territory to |
|
one or more existing single-member districts for purposes of |
|
electing directors, may redraw the five single-member districts to |
|
include the annexed territory, or may add additional [a sixth] |
|
single-member districts [district] for the election of [an] |
|
additional directors [director]. |
|
(b) The district may not contain more than 11 single-member |
|
districts. |
|
SECTION 4. Sections 8, 9, 11, and 14, Chapter 376, Acts of |
|
the 69th Legislature, Regular Session, 1985, are repealed. |
|
SECTION 5. 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, 2007. |