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AN ACT
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relating to the name, administration, powers, and duties of the |
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Collingsworth County Underground Water Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 376, Acts of the 69th Legislature, |
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Regular Session, 1985, is amended by amending Sections 1, 3, 4, 5, |
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and 6 and by adding Section 4A to read as follows: |
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Sec. 1. CREATION OF DISTRICT. Under Article XVI, Section |
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59, of the Texas Constitution the Collingsworth County Underground |
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Water Conservation District is [created as] a governmental agency |
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and body politic and corporate, authorized to exercise the powers |
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essential to the accomplishment of the purposes of that |
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constitutional provision and to exercise the rights, powers, |
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duties, privileges, and functions provided by this Act and by |
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Chapter 36 [Chapters 51 and 52], Water Code, and by other laws of |
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this state relating to underground water conservation districts. |
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Sec. 3. BOUNDARY OF DISTRICT. The district includes all of |
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the territory located in Collingsworth County and any territory |
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annexed by the district. |
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Sec. 4. PURPOSE OF DISTRICT. The district is created to |
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provide for the conservation, preservation, protection, recharge, |
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and prevention of waste of the underground water reservoirs located |
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under district land consistent with the objectives of Article XVI, |
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Section 59, of the Texas Constitution and Chapter 36 [Chapters 51
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and 52], Water Code. |
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Sec. 4A. DISTRICT NAME CHANGE. The board by resolution may |
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change the district's name. |
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Sec. 5. POWERS AND DUTIES OF DISTRICT. The district may |
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exercise the powers, rights, privileges, and functions permitted by |
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Chapter 36 [Chapters 51 and 52], Water Code, and may: |
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(1) make and enforce rules to provide for conserving, |
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preserving, protecting, recharging, and preventing waste of the |
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water from the underground water reservoirs; |
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(2) enforce its rules by injunction, mandatory |
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injunction, or other appropriate remedies in a court of competent |
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jurisdiction; |
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(3) require permits for the drilling, equipping, and |
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completion of wells in the underground water reservoirs in the |
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district and issue permits that include terms and provisions with |
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reference to the drilling, equipping, and completion of the wells |
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that are necessary to prevent waste or conserve, preserve, and |
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protect underground water; |
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(4) provide for the spacing of wells producing from |
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the underground water reservoirs in the district and regulate the |
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production from those wells to minimize as far as practicable the |
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drawdown of the water table or the reduction of the artesian |
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pressure, provided, the owner of the land, his heirs, assigns, and |
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lessees are not denied a permit to drill a well on their land and the |
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right to produce underground water from that well subject to rules |
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adopted under this Act; |
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(5) require records to be kept and reports to be made |
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of the drilling, equipping, and completion of wells into any |
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underground water reservoir in the district and the taking and use |
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of underground water from those reservoirs and require accurate |
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driller's logs to be kept of those wells and a copy of those logs and |
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of any electric logs that may be made of the wells to be filed with |
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the district; |
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(6) acquire land for the erection of dams and for the |
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purpose of draining lakes, draws, and depressions; construct dams, |
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drain lakes, depressions, draws, and creeks; and install pumps and |
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other equipment necessary to recharge any underground water |
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reservoirs in the district; |
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(7) have made by registered professional engineers |
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surveys of the underground water of any underground water reservoir |
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in the district and of the facilities for the development, |
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production, and use of that underground water and determine the |
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quantity of the underground water available for production and use |
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and the improvements, developments, and recharges needed for those |
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underground water reservoirs; |
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(8) develop comprehensive plans for the most efficient |
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use of the underground water of any underground water reservoir in |
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the district and for the control and prevention of waste of that |
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underground water, with the plans to specify in the amount of detail |
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that may be practicable the acts, procedure, performance, and |
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avoidance that are or may be necessary to carry out those plans, |
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including specifications; |
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(9) carry out research projects, develop information, |
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and determine limitations, if any, that should be made on the |
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withdrawal of underground water from any underground water |
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reservoir in the district; |
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(10) collect and preserve information regarding the |
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use of the underground water and the practicability of recharge of |
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any underground water reservoir in the district; |
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(11) publish plans and information, bring them to the |
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notice and attention of the users of the underground water in the |
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district, and encourage their adoption and execution; and |
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(12) contract for, sell, and distribute water from a |
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water import authority or other agency. |
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Sec. 6. ADMINISTRATIVE PROCEDURES. Except as provided by |
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this Act, the administrative and procedural provisions of Chapter |
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36 [Chapters 51 and 52], Water Code, apply to the district. |
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SECTION 2. Section 7(a), Chapter 376, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended to read as follows: |
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(a) In addition to other requirements provided by law, the |
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district shall file with the county treasurer of each county in |
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whose jurisdiction the district is located [Collingsworth County] |
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copies of all audits, orders of the board of directors, and other |
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documents relating to district finances. The copies shall be filed |
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within 60 days after the audits are completed, the orders are |
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adopted, or the other documents are finalized. |
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SECTION 3. Section 12, Chapter 376, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended to read as follows: |
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Sec. 12. ANNEXATION; EFFECT ON BOARD OF DIRECTORS. (a) |
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Additional territory may be added to the district as provided by |
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Chapter 36 [49], Water Code. If the district annexes additional |
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territory, the board of directors may add the annexed territory to |
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one or more existing single-member districts for purposes of |
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electing directors, may redraw the five single-member districts to |
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include the annexed territory, or may add additional [a sixth] |
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single-member districts [district] for the election of [an] |
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additional directors [director]. |
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(b) The district may not contain more than 11 single-member |
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districts. |
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SECTION 4. Sections 8, 9, 11, and 14, Chapter 376, Acts of |
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the 69th Legislature, Regular Session, 1985, are repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3995 was passed by the House on May 9, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3995 was passed by the Senate on May |
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22, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |