INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. 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.
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No
equivalent provision.
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SECTION 2. 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.
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(See Sec. 8872.002 below.)
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SECTION 3. CONTINUTING
PROVISIONS OF DISTRICT. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 01 to read as follows:
CHAPTER 01. VAL VERDE
COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 01.001 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, including hunting, fishing, sightseeing, bird
watching and other outdoor recreational activities; 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, employees, tenants, licensees or guests 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 or;
(E) watering of domestic
animals not raised, maintained, or sold for commercial purposes.
(7) "Greatest water usage" means the highest sum for a
given calendar year of: (i) groundwater produced; and (ii) water used
pursuant to a water right as defined in Section 11.002(5), Water Code.
(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.
(8) "Retail public
utility" means an entity defined in Section 13.002(19), Water Code.
(9)
"Del Rio Certificate of Adjudication" means the Certificate of
Adjudication No. 23-2672 issued by the Texas Water Commission to the City
of Del Rio on August 15, 1983.
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SECTION 1. Subtitle H, Title
6, Special District Local Laws Code, is amended by adding Chapter 8872 to
read as follows:
CHAPTER 8872. VAL VERDE
COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8872.001.
DEFINITIONS. (a) Except as provided by
Subsection (b), the definitions in Section 36.001, Water Code, apply to
this chapter.
(b) In this chapter:
(1) "Aquifer" means that part of the Edwards-Trinity
(Plateau) Aquifer located in Val Verde County.
(2) "Board"
means the board of directors of the district.
(3) "City" means the City of Del Rio.
(4) "Commissioners court" means the Val Verde County
Commissioners Court.
(5) "Director"
means a member of the board.
(6) "District"
means the Val Verde County Groundwater Conservation District.
(7) "Domestic
use" means the use of groundwater
in the district by a member of a well owner's household
or by household employees, tenants, licensees, or guests for the following
purposes:
(A) drinking, washing, or
culinary activities;
(B) irrigation of:
(i) lawns;
(ii) family gardens; or
(iii) orchards, if the
produce of the orchard is used only for household consumption;
(C) filling or maintaining swimming pools,
decorative ponds, or fountains located on the well
owner's property; and
(D) drinking water for domestic animals not
raised, maintained, or sold for commercial purposes.
(8) "Existing well" means a well that is completed to
produce groundwater in Val Verde County on or before January 1, 2015. The
term includes a well that is reworked or repaired after January 1, 2015, to
restore the well's historic production capacity, provided that the
reworking or repair does not enlarge the diameter of the well bore as the
well bore existed on January 1, 2015.
(9) "Historic use" means the production and beneficial
use of groundwater from an existing well in any calendar year before
January 1, 2015.
(10) "Political
subdivision" means a governmental
entity of this state, including a county, municipality, state agency,
or district or authority created under Section 52, Article III, or Section
59, Article XVI, Texas Constitution. The term also includes a nonprofit
water supply corporation created under Chapter 67, Water Code.
(11) "Retail public
utility" has the meaning assigned by Section 13.002, Water Code.
(12) "Rural area" means an area that is located:
(A) inside the boundaries of the district; and
(B) outside the corporate boundaries and extraterritorial
jurisdiction of a municipality in the district.
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SEC. 01.002. NATURE OF
DISTRICT. The district is a groundwater conservation district in Val Verde
County created under Section 59, Article XVI, Texas Constitution.
SEC. 01.003. DISTRICT
PURPOSE. The district is created to:
(1) provide for the protection, recharging, conserving, protecting,
and prevention of waste of groundwater in Val Verde County;
(2) control subsidence
caused by the withdrawal of water from the groundwater in Val Verde County;
(3) regulate the
transport of groundwater out of the boundaries of the district;
(4) regulate pumping in the district to protect spring flow,
base flow and drawdown;
(5) implement
conservation plans and pumping reduction
when conditions warrant action to protect spring flow, base flow and drawdown; and
(6) manage the issuance
of permits, by requiring studies and groundwater availability model
analysis of permit applications, that include conservation triggers that
mitigate impact to spring flow, base flow and drawdown.
(See SECTION 2(a) above.)
(See SECTION 2(c) above.)
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Sec. 8872.002. NATURE OF
DISTRICT; PURPOSE. (a) The district is a groundwater conservation
district in Val Verde County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution, including:
(1) the permitting, recharge, conservation,
protection, and prevention of the waste of groundwater in Val Verde County;
(2) the control of
subsidence caused by the unreasonable
withdrawal of groundwater;
(3) the regulation of
transporting groundwater outside the boundaries of the district;
(4) the regulation of groundwater production and the implementation
of drought management and
conservation plans for the reduction of
drawdown when conditions warrant action to protect spring flow and
base flow; and
(5) the management of the
issuance of permits by requiring studies and groundwater availability model
analyses of permit applications that include the
use of conservation triggers to mitigate the impact on spring flow,
base flow, and drawdown.
(b) The district is created
to serve a public use and benefit.
(c) All of the land and
other property included within the boundaries of the district will benefit
from the works and projects that are to be accomplished by the district
under powers conferred by Section 59, Article XVI, Texas Constitution, this chapter, and Chapter 36, Water Code.
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SUBCHAPTER B. TERRITORY
Sec. 01.004. BOUNDARIES.
The boundaries of the district are coextensive with the boundaries of Val
Verde County, Texas.
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Sec. 8872.004. INITIAL
DISTRICT TERRITORY. The boundaries of the district are coextensive with
the boundaries of Val Verde County.
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SUBCHAPTER C. BOARD OF
DIRECTORS
Sec. 01.101. BOARD. The
board shall be governed by five directors.
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SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8872.051.
COMPOSITION OF BOARD. The district is governed by a board of seven directors.
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Sec. 01.102. METHOD OF APPOINTING
SELECTING DIRECTORS:
(See Sec. 01.103 below.)
(a) The directors of the
district shall be appointed or elected as provided by this section.
(b)
One (1) director shall be appointed by the City Council of the City of
Del Rio, Texas.
(c)
One (1) director shall be appointed by the Commissioners court of Val
Verde County, Texas.
(d) One (1) director
shall be elected at-large by the voters of Val Verde, County.
(e)
One (1) director shall be elected by the voters of Commissioner Precincts
2 and 3, combined, of the Commissioners Court of Val Verde County, as such
precincts may be redrawn from time to time by such Commissioners Court.
(f)
One (1) director shall be elected by the voters of Commissioner
Precincts 1 and 4, combined, of the Commissioners Court of Val Verde
County, as such precincts may be redrawn from time to time by such
Commissioners Court
(g) To be eligible to serve as a director, a
person must be
a registered voter of Val
Verde County, Texas.
(h) Elections for the director
positions in subsections (d)-(f) of this Section shall be held in
even-numbered years on the uniform election date in November.
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Sec. 8872.052. TERMS;
APPOINTMENT AND ELECTION OF DIRECTORS; QUALIFICATIONS.
(a) Directors serve
staggered four-year terms, with three or
four terms expiring December 1 every other year. Directors are
elected or appointed as follows:
(1) one director is elected from each of the four county
commissioners precincts by the voters of the applicable precinct to be
designated as the director whose place number matches the applicable
precinct number;
(2) one director is
elected by the voters of the district at-large to be designated as the director for place number five; and
(3) two directors who each own at least 1,000 acres of land in the
rural area are appointed by the county judge of Val Verde County and the
mayor of the city, respectively, to be designated as the directors for
place numbers six and seven.
(b) To be elected or appointed under this section, a
person must be at least 18 years of age
and:
(1) a registered voter of
Val Verde County; and
(2) if elected from a commissioners court precinct, a resident of
that precinct.
(c) An election to elect directors
must be held on the uniform election date in November of even-numbered
years.
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Sec. 01.103. TERMS.
(a) Directors serve
staggered four-tear terms and may serve consecutive terms.
(b) Directors shall draw lots to determine which three directors
shall serve a term expiring December 1 of the year two years after the date
of the election in which the district is confirmed and which two directors
shall serve a term expiring December 1 of the year four years after the
date of the election in which the district is confirmed.
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(See Sec. 8872.052 above.)
(d) A director may serve
consecutive terms.
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Sec. 01.104. VACANCIES.
If there is a vacancy on the board, the board shall appoint a director to serve the remainder of the
term.
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Sec. 8872.053.
VACANCIES. (a) If there is a vacancy on the board, a majority of the board shall appoint a person to fill the vacancy for the
remainder of the term of the vacant director place. The person appointed to fill the vacancy must
meet the qualifications under Section 8872.052 for the vacant place.
(b) If the board has not filled a vacancy before the 90th day
after the date of the vacancy, the county judge of Val Verde County and the
mayor of the city shall jointly appoint a person that meets the
qualifications under Section 8872.052 for the vacant place to serve as director
for the remainder of the term being filled.
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Sec. 01.105
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.
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Sec. 8872.054.
COMPENSATION. (a) A director is not entitled to receive compensation for performing the duties of
a director.
(b) The board may
authorize a director to receive reimbursement for the director's reasonable
and actual expenses incurred while
engaging in activities inside or
outside the district on behalf of the board.
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No
equivalent provision.
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Sec. 8872.055. ELECTION
OF BOARD OFFICERS. (a) At the first meeting of the board in each calendar
year, the board shall elect directors to serve as the president, vice
president, secretary, and treasurer.
(b) The president shall
serve as the presiding officer of the board.
(c) The treasurer shall
serve as the financial officer of the district.
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SUBCHAPTER D. POWERS AND
DUTIES
Sec. 01.150. 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.
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SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8872.101. GENERAL
POWERS. (a) Except as otherwise provided by this chapter, the district
has all of the rights, powers, privileges, functions, and duties provided
by the general law of this state applicable to groundwater conservation
districts created under Section 59, Article XVI, Texas Constitution,
including Chapter 36, Water Code.
(b) Before confirmation of the district, the district's powers are
limited to:
(1) performance of the duties necessary to hold an election to
confirm the creation of the district;
(2) registration of existing wells that are not exempt from the
district requirement to obtain a permit under this chapter or Chapter 36,
Water Code;
(3) collection of annual groundwater production reports from wells
that are not exempt from the district requirement to obtain a permit under
this chapter or Chapter 36, Water Code; and
(4) participation in joint planning with other districts as
provided by Section 8872.021(e).
(c) The district shall adopt rules and prescribe forms necessary
to implement Subsections (b)(2) and (3).
(d) Section 36.121, Water Code, does not apply to the district.
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Sec. 01.151 PERMITS TO
PUMP GROUNDWATER.
(a) The district by rule shall:
(1) require a person to
obtain a permit from the district to pump
groundwater unless exempted under other sections of this
legislation; 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, except as otherwise provided in Section 01.202(c) of this
legislation; and
(2) provide for reduction
and curtailment of groundwater pumping to protect spring
flow, base flow and drawdown; and
(3) do not, in any event, seek to reduce or curtail usage or production
under a water right as defined in Section 11.002(5), Water Code, including
the Del Rio Certificate of Adjudication.
(c) To implement the rules developed under 01.151(b)(2) of this
legislation, the district may make and enforce rules as authorized under
Section 36.101(a), Water Code, and to the extent not otherwise authorized
by Section 36.101(a), limit groundwater production based on acreage,
tract size, spacing of wells, or the service area of a public water
supplier.
(See Sec. 01.152(c)
below.)
(c-1) Any district rules or enforcement of rules requiring
reductions or curtailments on the production of groundwater otherwise authorized by permit shall be
applied proportionally to all such permitted production.
(d) For better management of the groundwater
resources located in the district, if the district determines that
conditions in or use of an aquifer differ substantially from one geographic area of the district to
another, the district may adopt different rules regulating
production from management zones based on acreage, tract size, or the
service area of a public water supplier . In creating management zones, the
district may consider:
(1) each aquifer,
subdivision of an aquifer, or geologic strata located in whole or in part
within the boundaries of the district; or
(2) each geographic area
overlying an aquifer or subdivision of an aquifer located in whole or in
part within the boundaries of the district.
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Sec. 8872.103. PERMITS:
RULES. (a)
The district shall adopt rules to:
(1) require a person to
obtain a permit from the district to drill
and produce groundwater from a well, including an existing well,
unless the well is exempt from permitting under this chapter or Chapter 36, Water Code;
(2) regulate the terms of
a transfer of groundwater out of the district;
(3) regulate the spacing of wells drilled after September 1, 2015,
to prevent unreasonable adverse interference with other wells;
(4) provide for the uniform and nondiscriminatory reduction or curtailment of the production of groundwater by all permit holders in the
district, if necessary, to protect spring flow and base flow and reduce aquifer drawdown based on scientific data provided to the
district;
(5) limit groundwater
production:
(A) by the spacing of wells;
(B) by basing production on acreage or tract size; or
(C) for a public water supplier, by basing production on the
service area of the supplier; and
(6) require the owner of a well that is not exempt from the
district requirement to obtain a permit under this chapter or Chapter 36,
Water Code, to report to the district in January of each year the annual
production of groundwater from the well based on metered production.
(b) The terms of a permit that authorizes the production of
groundwater for transfer out of the district for beneficial use must be
consistent with applicable law, including Section 36.122, Water Code, and
may not be more restrictive than the terms of a permit authorizing the
production of groundwater for beneficial use inside the district.
(c) The district may establish permit conditions and limitations
as provided by Section 36.122, Water Code.
Sec. 8872.111. REDUCTION AND CURTAILMENT. (a) The board by rule
may provide for the reduction and curtailment of the production of
groundwater from a well permitted under this chapter to protect spring flow
and base flow and reduce drawdown in accordance with Sections
8872.103(a)(4) and (5).
(b) To implement a reduction or curtailment, the district may, to
the extent not otherwise authorized by Section 36.101(a), Water Code, limit
groundwater production as provided by district rules.
(c) Rules adopted by the
board requiring a reduction or curtailment of the production of groundwater
must be applied on a proportional, uniform,
and nondiscriminatory basis to all permitted production, unless the condition requiring reduction or
curtailment is limited to a management zone created under Section 8872.112.
Sec. 8872.112. MANAGEMENT
ZONES. (a) If the district determines based
on scientific data received by the district in a meeting held for that
purpose that conditions in or use of an aquifer differ substantially
between hydrogeological areas of the
district, the district may establish
management zones to better manage the groundwater resources and
adopt different rules to regulate production from the management zones
based on acreage, tract size, or the service area of a public water
supplier. In creating management zones, the district may consider:
(1) each aquifer,
subdivision of an aquifer, or geologic strata located wholly or partly
within the district; or
(2) each geographic area
overlying an aquifer or subdivision of an aquifer located wholly or partly
within the district.
(b) The district must regulate the production of groundwater in a
management zone on a proportional, uniform, and nondiscriminatory basis.
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Sec. 01.152. 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
annually a cumulative volume of groundwater that
is not less than the greatest water usage in a calendar year before the
date the district is confirmed. The permit shall be for use solely inside the
district.
(b) In addition to the permit in Section 01.152(a),
the district shall grant a permit to each existing political subdivision
and retail public utility in the district that authorizes each such
political subdivision and retail public utility to pump from its wells annually a volume of water that is not less
than the greatest water usage by such political subdivision and retail
public utility in a calendar year before the date the district is
confirmed. The permit shall be for use solely inside the district.
(c) Nothing in this section, or in Section 01.053(a)(1), shall be
considered a limitation under Section 36.122(c), Water Code, on the
district's authority to establish permit conditions for transporters.
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Sec. 8872.105. PERMITS:
CITY. The district shall grant the city permits
in the city's name that authorize the city to pump from all wells operated
or controlled by the city a cumulative volume of groundwater of 18,400 acre-feet per year.
Sec. 8872.106. PERMITS:
RETAIL PUBLIC UTILITY. (a) The district shall grant a permit to a retail
public utility in the district or to a political subdivision other than the city that is providing water or
sewer service on or before the effective date of the Act enacting this
chapter. The permit must authorize
the production of a cumulative volume of groundwater from the wells owned
by the entity in an amount equal to the amount of groundwater required to
meet the entity's current and projected needs as determined under Section
13.250, Water Code.
(b) The permitted entity may not resell the groundwater produced
under the permit to any person for use or resale outside the entity's
service area, including the area covered by a certificate of convenience
and necessity, and must put the water to beneficial use within the entity's
service area.
(See Sec. 8872.103(b)
above.)
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Sec. 01.153. EXEMPTIONS.
(a) The district shall not
require a person to obtain a permit from the district for groundwater
production from a well if the well is not capable of producing more than
72,000 gallons a groundwater a day and the groundwater is used inside the district.
(a-1) Nothing in Section
01.153(a) makes Section 36.113(a), Water Code, inapplicable in the
district.
(b) An owner of a well
described in this section may be required
to register the well with the district.
(c) An owner of a well is entitled to a permit exemption under
this section only if water from the well is used solely inside the
district. If any water from a well is directly or indirectly (other than
through an agricultural crop) used outside the district, the well owner
must obtain a permit for its production, in addition to any permits that
must be obtained for its use outside the district.
(d) The district may not
require a permit or a permit amendment for maintenance or repair of a well
if the maintenance or repair does not increase
the production capabilities of the well to more than its authorized or
permitted production rate.
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Sec. 8872.114. LIMITATION
ON WELL PERMIT REQUIREMENTS.
(a) The district may not
require a person to install a meter or
obtain a permit from the district for:
(1) a well drilled after January 1, 2015, and used to produce
groundwater solely inside the district for domestic use or for another
exempt purpose on a tract of land not larger than 10 acres and that
produces not more than 30,000 gallons of groundwater a day, notwithstanding
the production capability of the well; or
(2) a well drilled after January 1, 2015, and used to
produce groundwater solely inside the district for domestic use or for another exempt purpose on a tract of land
larger than 10 acres and that produces not more than 72,000 gallons
of groundwater a day, notwithstanding the
production capability of the well.
(d) Nothing in Subsection
(a) prevents the applicability in the district of Section 36.113(a), Water
Code.
(b) An owner of a well
described by this section shall
register the well with the district.
(c) The district may not
require a permit or a permit amendment for the maintenance or repair of a
well that is not exempt from permitting
under this chapter or Chapter 36, Water Code, if the maintenance or
repair does not make the well capable of
producing an amount of groundwater that is greater than the production amounts
provided by the well's permit.
(e) The owner of an existing well is exempt from the district's
production permit requirements provided that the groundwater produced is
for domestic use.
(f) The owner of a well is exempt from the district's permit requirements
provided that any groundwater produced is for agricultural use.
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Sec. 01.154. PROHIBITION
OF DISTRICT PURCHASE, SALE, OR DISTRIBUTION OF WATER. The district may not
purchase, sell, transport, or distribute surface water or groundwater for
any purpose.
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Sec. 8872.115.
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.
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Sec. 01.155. PROHIBITION
ON DISTRICT USE OF EMINENT DOMAIN.
The district may not
exercise the power of eminent domain.
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Sec. 8872.102. NO EMINENT
DOMAIN POWER. The district may not exercise the power of eminent domain.
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Sec. 01.156. GROUNDWATER
FLOW MODEL.
(a) The district shall
develop a district specific model which shall be used in conjunction with
joint planning in the management area process found in Section 36.108 of
the Texas Water Code. Until a subsequent study is determined by the
district board of directors to be more appropriate, the district shall use
as its model the Val Verde County/City of Del Rio Hydrogeological Study
dated May 2014 by EcoKai Environmental, Inc. and William R. Hutchison,
Ph.D, P.E., P.G.
(b) Applicants for
transfer will be required to pay for any cost to run updated modeling of
the effects of the proposed pumping on the aquifer and spring flow, base
flow and drawdown. The district will utilize the information provided by
the model in considering the applications.
(c) The district can
require any other permit applicant to pay for the cost of the model
utilization, if it deems the volume of pumping warrants model review.
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No
equivalent provision.
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Sec. 01.157. WATER
CONSERVATION INITIATIVE. The district may create a water conservation
initiative as described by Section
11.32, Tax Code.
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Sec. 8872.117. WATER
CONSERVATION INITIATIVE. The district may create a water conservation
initiative as provided by Section
11.32, Tax Code.
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SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS
Sec. 01.201. LIMITATION
ON TAXES.
(a) The district may not levy ad valorem taxes at any rate that
exceeds five (5) cents on each $100 of
assessed valuation of taxable property in the district.
(b) Sections 26.04, 26.05
and 26.06 of the Texas Tax Code do
not apply to a tax levied and collected
by the District. Instead, the District must
follow the requirements under Section 49.236 of the Texas Water Code.
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SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8872.151. LIMITATION
ON TAXES. The district may not impose
ad valorem taxes at a rate that exceeds five cents on each $100 valuation of taxable property in the
district.
Sec. 8872.152.
APPLICABILITY OF CERTAIN TAX PROVISIONS. (a) Sections 26.04, 26.05,
26.06, and 26.07, Tax Code, do not
apply to a tax imposed by the
district.
(b) Section 49.236, Water
Code, as added by Chapter 248 (H.B. 1541),
Acts of the 78th Legislature, Regular Session, 2003, applies to the
district.
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Sec. 01.202. FEES.
(a) The board by rule may
impose reasonable and equitable 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) In addition to the production fee authorized
under this section, the district shall
assess a reasonable export fee on
groundwater produced from a well and transported outside the district.
(d) A district may set fees
by rule or resolution for
administrative acts of the district such as filing applications, reviewing
and processing permits, conducting permit hearings, cost of public notices, legal fees, expert fees, hearing
facility rental fees and other fees.
(e) Nothing in this section authorizes the board to impose a
production fee on water used or produced under a water right as defined in
Section 11.002(5), Water Code, including under the Del Rio Certificate of
Adjudication.
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Sec. 8872.153. FEES.
(a) The board by rule may
impose uniform, reasonable,
equitable, and nondiscriminatory annual
production fees on the amount of
permitted water actually produced from each well.
(b) A production fee must be consistent with Section 36.205, Water
Code, and 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 district may assess a uniform
and nondiscriminatory export fee consistent
with Section 36.122, Water Code, on groundwater that is produced
from a well inside the district and
transferred outside the district.
(d) The district may set
fees by rule or resolution relating to
administrative acts of the district, including filing applications,
reviewing and processing permits, conducting permit hearings, providing public notice, and paying costs of legal fees, expert fees,
and hearing facility rental fees. The
district may not assess a fee in an amount greater than $250 for processing
permits.
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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 two
temporary directors;
(2) the Del Rio City
Council shall appoint two temporary
directors; and
(3) the Val Verde County
Judge and the Mayor of Del Rio shall jointly appoint one temporary
director.
(b) Temporary directors
serve until temporary directors become initial directors as provided by
Section 8 of this Act or until this Act expires under Section 12, whichever occurs earlier.
(c) Before the
confirmation election, the presiding officer of the district or the
presiding officer's designee may represent the district in the joint
planning process found in Section 36.108 of the Texas Water Code and such
designee shall be considered a voting representative.
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SUBCHAPTER A-1. TEMPORARY
PROVISIONS
Sec. 8872.021.
APPOINTMENT OF TEMPORARY DIRECTORS; VACANCIES; TERMS. (a) As soon as practicable after the effective
date of the Act enacting this chapter, seven temporary directors shall be
appointed as follows:
(1) three temporary directors shall be
appointed by the commissioners court;
(2) three temporary directors shall be
appointed by the city council of the city; and
(3) one temporary
director shall be appointed jointly by the county judge of Val Verde County
and the mayor of the city.
(b) An individual appointed to serve as a temporary director must
be at least 18 years of age and be a registered voter of Val Verde County.
(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 the earlier of:
(1) the date the
temporary directors become initial directors under Section 8872.024; or
(2) the date this chapter
expires under Section 8872.003.
(e) Before the
confirmation election under Section 8872.023, the presiding officer of the
district or the presiding officer's designee may represent the district in
the joint planning process under Section 36.108, Water Code, and shall be
considered a voting district representative.
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SECTION 6. ORGANIZATIONAL
MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the
temporary directors have qualified under Section 36.055 of the Texas 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.
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Sec. 8872.022.
ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. (a) 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 an agreement on location
cannot be reached, the organizational meeting shall be at the Val Verde
County Courthouse.
(b) At the organizational meeting described by Subsection (a), the
temporary directors shall:
(1) elect a president as presiding officer, vice president,
secretary, and treasurer;
(2) schedule the confirmation election described by Section
8872.023; and
(3) notify the applicable groundwater management area of the
district's creation, subject to confirmation under Section 8872.023.
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SECTION 7. CONFIRMATION
ELECTION.
(a) The temporary
directors shall hold an election to
confirm the creation of the district.
(b) 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.
(c) 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.
(d) 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 a rate not
to exceed 5 cents for each $100 valuation of
all taxable property in the district."
(e) The costs of an
election held under this chapter may be
paid by Val Verde County and the City of Del Rio.
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Sec. 8872.023.
CONFIRMATION ELECTION.
(a) The temporary board
shall order an election to be held on the first available uniform
election date in November following January 1, 2016, to confirm the
creation of the district and authorize the
collection of taxes.
(b) The ballot for the
election must be printed to permit voting for or against the following
proposition: "The creation of the Val Verde County Groundwater
Conservation District and the imposition of
an ad valorem tax in the district at a rate not to exceed five cents
for each $100 of assessed valuation."
(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) If the district's
creation is not confirmed at an election held under this section, the
temporary directors may order one or more subsequent elections to be held
to confirm the creation of the district not earlier than the first
anniversary of the preceding confirmation election. If the district's creation is not confirmed at an
election held under this section before September 1, 2020, the district is
dissolved in accordance with Section 8872.003.
(e) The costs of an
election held under this chapter shall be
paid by Val Verde County and the city.
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(f) If the establishment of the district is not
confirmed at an election held under this section before September 1, 2020,
the district is dissolved, except that:
(1) any debts incurred
shall be paid;
(2) any assets that
remain after the payment of the debts shall be transferred to Val Verde
County and the City of Del Rio in proportion to the amounts each has
contributed to the costs of the confirmation election and district
operations; and
(3) the organization of
the district shall be maintained until all debts are paid and remaining
assets are transferred.
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Sec. 8872.003.
CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held under
Section 8872.023 before September 1, 2020:
(1) the district is
dissolved September 1, 2020, except
that:
(A) any debts incurred
shall be paid;
(B) any assets that
remain after the payment of debts shall be transferred to Val Verde County
and the city in proportion to the amount each entity has contributed to the
costs of the confirmation election and district operations; and
(C) the organization of
the district shall be maintained until all debts are paid and remaining
assets are transferred; and
(2) this chapter expires September 1, 2022.
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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 replaced according to Section 01.102.
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Sec. 8872.024. INITIAL
DIRECTORS. (a) If the creation of the district is confirmed at an
election held under Section 8872.023, the temporary directors become the
initial directors and serve until permanent
directors are elected or appointed under Section 8872.052.
(b) The initial directors of the board shall draw lots to
determine which three directors shall serve a term expiring December 1 of
the year two years after the date of the election in which the district is
confirmed and which four directors shall serve a term expiring December 1
of the year four years after the date of the election in which the district
is confirmed.
(c) The initial directors shall provide notice to the members of
the groundwater management area in which the district is located that the
creation of the district is confirmed.
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No
equivalent provision.
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Sec. 8872.025. EXPIRATION
OF SUBCHAPTER. This subchapter expires September 1, 2021.
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No
equivalent provision.
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Sec. 8872.104. PERMITS:
LANDOWNERS GENERALLY. (a) The district shall grant a permit that
authorizes a person to drill one or more wells not to exceed 12 inches in
diameter on land owned or controlled by the person through a lease or other
legal right.
(b) Under this section,
the district shall grant the drilling permit holder a permit for the
production of groundwater not to exceed an actual production capacity of
two acre-feet per year for each contiguous acre of land associated with the
well.
(c) The district shall
issue a production permit described by Subsection (b) for an existing well
that has a diameter not greater than 12 inches for the production of
groundwater not to exceed an actual production capacity of two acre-feet
per year.
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No
equivalent provision.
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Sec. 8872.107. PERMITS:
AGRICULTURE. (a) A person is entitled to apply for and receive a permit
granted for agricultural irrigation. The permit must authorize the
production of groundwater necessary for the irrigation of crops equal to
three acre-feet per year for each acre of land inside the district using
pivot, roller, echo drip, or bordered floor irrigation.
(b) A permit issued under
this section is nontransferable and expires on the date the well ceases to
be used solely for irrigation inside the district.
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No
equivalent provision.
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Sec. 8872.108. PERMITS:
COMMERCE AND INDUSTRY. The district shall grant a permit for the
production of groundwater from an existing well that is beneficially used
for commercial or industrial purposes outside the limits or the
extraterritorial jurisdiction of the city. The permit must authorize the
production of a cumulative volume of groundwater that is equal to the
maximum historic use as proven by the person seeking the permit.
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No
equivalent provision.
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Sec. 8872.109. WELL
REGISTRATION. A permit issued under this chapter authorizing the
production of groundwater from the aquifer must also authorize the drilling
and operation of a well or wells in the aquifer, and must require the
permit holder to:
(1) register each well
with the district; and
(2) file a copy of the
well driller's log with the district on completion of each well.
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No
equivalent provision.
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Sec. 8872.110. PROPERTY
RIGHTS. (a) A permit issued by the district for the drilling, operation,
or production of a well is appurtenant to the real property on which the
well is located. Ownership of the groundwater, or the right to use and
produce the groundwater authorized by the permit, may be sold, leased,
assigned, or otherwise transferred by the owner, provided that the rights
granted by the permit to drill a well and to produce groundwater are exercised
on the real property described in the permit based on the actual production
authorized by the permit.
(b) Except as provided by
this chapter, groundwater produced as authorized by a permit, once captured
at the wellhead, may be beneficially used for any lawful purpose at any
location, whether on or off the real property to which the permit is
attached, provided that any beneficial use outside the boundaries of the
district is authorized by a transport permit issued by the district.
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No
equivalent provision.
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Sec. 8872.113. PERMIT
RENEWAL. (a) Except as provided by Subsection (b), the district shall
without a hearing renew or approve an application to renew an operating
permit before the date on which the permit expires, provided that:
(1) the application, if
required by the district, is submitted in a timely manner and accompanied
by any required fees in accordance with district rules; and
(2) the permit holder is
not requesting a change related to the renewal that would require a permit
amendment under district rules.
(b) The district is not
required to renew a permit under this section if the applicant:
(1) is delinquent in
paying a fee required by the district;
(2) is subject to a
pending enforcement action for a substantive violation of a district
permit, order, or rule that has not been settled by agreement with the
district or a final adjudication; or
(3) has not paid a civil
penalty or has otherwise failed to comply with an order resulting from a
final adjudication of a violation of a district permit, order, or rule.
(c) If the district is
not required to renew a permit under Subsection (b)(2), the permit remains
in effect until the final settlement or adjudication on the matter of the
substantive violation.
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No
equivalent provision.
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Sec. 8872.116. RIGHT TO
ENTER LAND. Section 36.123, Water Code, which authorizes a district's
employees or agents to go on and inspect the property of a landowner,
applies to the district provided that:
(1) access is subject to
written notice to the landowner; and
(2) the district's
employees and agents are prohibited from carrying firearms on the
landowner's property.
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No
equivalent provision.
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Sec. 8872.118. REGIONAL
GROUNDWATER PLANNING. (a) The district shall obtain or develop
groundwater models for use in planning and management of the aquifer and to
assist the district in the district's role as a member of the groundwater
management area in which the district is located.
(b) The district, to the
extent possible and through the designated representative for the
groundwater management area in which the district is located, shall
diligently pursue an increase in the managed available groundwater and an
improvement in the desired future conditions for the aquifer as compared to
those indicators for the aquifer on January 1, 2015.
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SECTION 9. 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 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.
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SECTION 2.
(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, one of the required recipients, 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.
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SECTION 10. 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, 2020, 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 and
the City of Del Rio as required by Section 7(f) of this Act.
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No
equivalent provision. (But see Sec. 8872.003 above.)
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SECTION 11. 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, 2015.
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SECTION 3.
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, 2015.
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