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AN ACT
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relating to the Live Oak 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 715, Acts of the 71st Legislature, |
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Regular Session, 1989, is amended by amending Sections 1, 4, 5, 6, |
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10, 11, and 13 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 Live Oak Underground Water |
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Conservation District has [is created as a governmental agency and
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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. 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. 5. POWERS AND DUTIES OF DISTRICT. The district has |
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[may exercise] the powers, rights, duties, privileges, and |
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functions permitted by Chapter 36 [Chapters 51 and 52], Water |
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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 to 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 or 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 the production and
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use and the improvements, developments, and recharges needed for
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those underground water reservoirs;
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[(8)
develop comprehensive plans for the most
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efficient use of the underground water of any underground water
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reservoir in the district and for the control and prevention of
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waste of that underground water, with the plans to specify in the
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amount of detail that may be practicable, the acts, procedure,
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performance, and avoidance that are or may be necessary to carry out
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those plans, including specifications;
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[(9)
carry out research projects, develop
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information, and determine limitations, if any, that should be made
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on the 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;
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[(12)
contract for, sell, and distribute water from a
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water import authority or other agency; and
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[(13)
contract with other districts with powers
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similar to those of the district to achieve common goals]. |
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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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Sec. 10. DISSOLUTION OF DISTRICT. Subchapter I, Chapter 36 |
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[Subchapter G, Chapter 52], Water Code, applies to dissolution of |
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the district. |
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Sec. 11. ANNEXATION. [Additional territory may be added to
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the district as provided by Chapter 51, Water Code.] The board of |
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directors shall determine to which precinct [the] annexed land will |
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be added for purposes of election of directors. |
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Sec. 13. STATUTORY INTERPRETATION. If there is a conflict |
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between this Act and Chapter 36 [Chapter 51 or 52], Water Code, this |
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Act controls. [If there is a conflict between the application of
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Chapters 51 and 52, Water Code, to the district, Chapter 52
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controls.] |
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SECTION 2. Section 9(a), Chapter 715, Acts of the 71st |
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Legislature, Regular Session, 1989, is amended to read as follows: |
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(a) Except as provided by Subsection (b) of this section, |
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the tax and bond provisions of Subchapters F and G, Chapter 36, |
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[Subchapter F, Chapter 49, and Subchapters K, L, M, N, and P,
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Chapter 51,] Water Code, apply to the district. |
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SECTION 3. Section 12(e), Chapter 715, Acts of the 71st |
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Legislature, Regular Session, 1989, is amended to read as follows: |
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(e) The district shall hold an election in each |
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even-numbered year to elect the appropriate number of directors |
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[After the election of the directors at the confirmation election
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held under Section 8 of this Act, regular elections for a portion of
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the board of directors shall be held in each even-numbered year.
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The directors elected from commissioner precincts 1 and 3 and the
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director elected at large at the confirmation election shall serve
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as directors until the first regular meeting of the board after the
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second regular election of directors, and the directors elected
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from commissioner precincts 2 and 4 at the confirmation election
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shall serve until the first regular meeting of the board after the
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first regular election of directors]. |
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SECTION 4. Sections 7 and 8, Chapter 715, Acts of the 71st |
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Legislature, Regular Session, 1989, are repealed. |
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SECTION 5. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 6. 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, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2186 passed the Senate on |
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May 11, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2186 passed the House on |
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May 24, 2017, by the following vote: Yeas 144, Nays 2, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |