CHAPTER 8802. BARTON SPRINGS-EDWARDS AQUIFER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8802. BARTON SPRINGS-EDWARDS AQUIFER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8802.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Barton Springs-Edwards Aquifer
Conservation District.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.002. LEGISLATIVE FINDINGS. The legislature finds that
the creation of the district:
(1) is feasible and practicable;
(2) will be a benefit to land in the district; and
(3) will be a public benefit and utility.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.003. DISTRICT TERRITORY. The district is composed of
the territory described by the Texas Water Commission's August
15, 1986, order, as that territory may have been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.004. EFFECT ON CERTAIN LITIGATION. This chapter does
not adversely affect the rights of any parties involved in
litigation on or before February 1, 1987, with the Texas Water
Commission or the petitioners for the creation of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8802.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors who serve staggered four-year terms.
(b) At least two directors must be elected by voters residing in
the city of Austin.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.052. ELECTION DATE. An election shall be held to
elect the appropriate number of directors on the spring uniform
election date each even-numbered year.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.053. SINGLE-MEMBER DISTRICTS. (a) The district is
divided into five numbered, single-member districts for electing
directors.
(b) The board may revise the single-member districts as
necessary or appropriate.
(c) As soon as practicable after the publication of each federal
decennial census, the board shall revise the single-member
districts as the board considers appropriate to reflect
population changes. When the board revises the single-member
districts under this subsection, the board shall place two of the
districts:
(1) entirely within the boundaries of the city of Austin, as
those boundaries exist at that time; or
(2) within the boundaries of the city of Austin, as those
boundaries exist at that time, but also including unincorporated
areas or other municipalities that are surrounded wholly or
partly by the boundaries of the city of Austin if the areas or
municipalities are noncontiguous to the territory of any other
single-member district.
(d) Changes in the boundaries of the city of Austin between
revisions of the single-member districts under Subsection (c) do
not affect the boundaries of the single-member districts.
(e) When the boundaries of the single-member districts are
changed, a director in office on the effective date of the
change, or elected or appointed before the effective date of the
change to a term of office beginning on or after the effective
date of the change, is entitled to serve the term or the
remainder of the term in the single-member district to which
elected or appointed even though the change in boundaries places
the person's residence outside the single-member district for
which the person was elected or appointed.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8802.101. GENERAL POWERS AND DUTIES. Except as otherwise
provided by this chapter, the district has the powers and duties
provided by Chapter 36, Water Code, for groundwater conservation
districts.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.102. RULES REGULATING ZONING AND SUBDIVISION OF LAND
PROHIBITED. The district may not adopt rules regulating zoning
or the subdivision of land.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.103. IMPOSITION OF TAXES. (a) The district may
impose an ad valorem tax as provided by Subchapter G, Chapter 36,
Water Code, only if:
(1) the user fee authorized by this subchapter is held
unconstitutional by the Texas Supreme Court; and
(2) a majority of the voters approve the tax at an election held
in the district.
(b) The district may impose the ad valorem tax at a rate not to
exceed three cents on each $100 of appraised value.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.104. USER FEES. (a) The board by rule may impose
reasonable fees on each well for which the district issues a
permit and which is not exempt from regulation by the district.
(b) The board may assess the fees on an annual basis according
to:
(1) the size of column pipe used in the well;
(2) the production capacity of the well; or
(3) the actual, authorized, or anticipated pumpage of the well.
(c) The board may use fees as both a regulatory mechanism and a
revenue-producing mechanism.
(d) The board shall adopt rules relating to:
(1) the rates of fees;
(2) the manner and form for filing reports of fees; and
(3) the manner of collecting fees.
(e) The district may use money collected from fees to:
(1) manage and operate the district; and
(2) pay all or part of the principal of and interest on district
bonds or notes.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.1045. AMOUNT OF ANNUAL PRODUCTION FEE. (a) Except as
provided by this section, the board may not charge an annual
production fee of more than $1 per acre-foot for water permitted
for agricultural use or 17 cents per thousand gallons for water
permitted for any other purpose.
(b) For a permit first issued after September 1, 2007, or a
permit first issued after September 9, 2004, and renewed after
September 1, 2007, the board may charge, for the amount of water
permitted under the permit as issued or renewed if the water is
permitted for any purpose other than agricultural use, an annual
production fee of not more than the greater of:
(1) 38 cents per thousand gallons; or
(2) the raw surface water cost of other wholesale suppliers
serving customers in the district.
(c) For a permit that is materially amended after September 1,
2007, the board may charge, for only the additional amount of
water authorized by the material amendment if the water is
permitted for any purpose other than agricultural use, an annual
production fee of not more than the greater of:
(1) 38 cents per thousand gallons; or
(2) the raw surface water cost of other wholesale suppliers
serving customers in the district.
(d) For a permit first issued on or before September 9, 2004,
that is renewed without material amendment after September 1,
2007, the board may not charge an annual production fee of more
than 17 cents per thousand gallons for the amount of water
permitted under the permit as renewed if the water is permitted
for any purpose other than agricultural use.
(e) The board may adopt a differential rate structure for the
nonagricultural production fees described by this section to
promote alternatives to the exclusive use of groundwater
resources.
(f) A material amendment under this section is an amendment to a
permit that increases the amount of water permitted by more than
10 percent in one fiscal year or by more than 25 percent in any
three-year period. The renewal on or after September 1, 2007, of
a permit that was issued on or before September 9, 2004, is
considered to be a material amendment for purposes of this
section if the permit as renewed increases the amount of water
permitted by an amount that exceeds the limits specified by this
subsection.
Added by Acts 2007, 80th Leg., R.S., Ch.
1405, Sec. 2, eff. September 1, 2007.
Sec. 8802.105. CERTAIN WATER USE FEES PERMITTED. (a) Each
year the board may assess against the City of Austin a water use
fee in an amount not to exceed 60 percent of the total funding
the district expects to receive for the next fiscal year from
water use fees assessed against Austin and other nonexempt users
in that year, subject to the computation under Subsection (b).
(b) For purposes of computing water use fees under this section,
the district shall estimate the amount of permitted pumpage for
the next fiscal year by considering various factors including
historical growth rates, future growth rates, the amount of
permitted pumpage, historical permitted pumpage, and any pending
applications for permitted pumpage. The district shall use the
estimated amount of permitted pumpage and its water use fee rate
to compute the water use fee to be assessed against the City of
Austin for the district's next fiscal year. The district shall
compute the water use fee assessed against the City of Austin at
a rate of 17 cents per thousand gallons for the total amount of
water permitted for any nonagricultural purpose, regardless of
the rate actually imposed on or remitted by the permittee.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1405, Sec. 3, eff. September 1, 2007.
Sec. 8802.106. PRODUCTION CAPACITY OF CERTAIN EXEMPT WELLS.
Notwithstanding the 25,000-gallon production capacity restriction
provided by Section 36.117(b)(1), Water Code, a well in the
district is exempt under Section 36.117, Water Code, only if the
production capacity of the well is 10,000 gallons per day or
less.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.107. ENFORCEMENT. (a) If it appears that a person
has violated, is violating, or is threatening to violate Chapter
36, Water Code, or a district permit, rule, or order, the
district may file a civil suit in a district court of the county
in which the violation occurs to obtain:
(1) injunctive relief to restrain the person from continuing the
violation;
(2) a civil penalty of not less than $50 or more than $1,000 for
each violation and for each day of violation; or
(3) both injunctive relief and a civil penalty.
(b) On application for injunctive relief under Subsection (a)(1)
and a finding that a person is violating or threatening to
violate this chapter or a district permit, rule, or order, the
district court shall grant injunctive relief as the facts may
warrant.
(c) Any legal action initiated under this section to obtain
penalties must be authorized by a resolution of the board or by
the district's general manager, if authorized by the board.
(d) In a civil suit filed under this section, the district:
(1) is not required to post bond or other security; and
(2) may recover reasonable attorney's fees and expert witness's
fees.
(e) The remedies provided by this section are in addition to any
remedies provided by other law.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.108. BORROWING MONEY. (a) The district may borrow
money as provided by Sections 49.152-49.154, Water Code.
(b) The district may not borrow money for a period of more than
one year.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.109. RESTRICTIONS ON PRODUCTION DURING DROUGHT. (a)
During a period declared by the district to be a drought and only
as specified in the district's approved management plan, the
district may restrict or prohibit groundwater production as
provided by this section.
(b) The district may restrict groundwater production on an
equivalent, pro-rata basis for permits first issued on or before
September 9, 2004, including permits renewed after September 1,
2007.
(c) The district, to protect the conditions of the aquifer, may
restrict or prohibit groundwater production:
(1) for permits first issued after September 9, 2004; and
(2) for permits first issued on or before September 9, 2004, and
amended after September 9, 2004, for any additional amount of
water authorized by the amendment.
Added by Acts 2007, 80th Leg., R.S., Ch.
1405, Sec. 4, eff. September 1, 2007.
Sec. 8802.110. RESTRICTIONS ON PRODUCTION DURING EXTREME
DROUGHT. (a) During a period declared by the district to be an
extreme drought, to maintain groundwater production necessary to
sustain human consumption and protect the public's health,
safety, and welfare, the district, as provided by this section,
may impose greater restrictions on groundwater production for
industrial, commercial, or nonagricultural irrigation permits
than the district imposes on permits for other uses.
(b) For an industrial, commercial, or nonagricultural irrigation
permit first issued on or before September 9, 2004, the district
may restrict withdrawals by an amount not to exceed 40 percent of
the amount permitted on or before September 9, 2004, retaining at
least 60 percent of the total authorized pumpage, if:
(1) an alternative water supply for at least 10 percent of the
amount permitted is available and in place during the extreme
drought; and
(2) any restriction imposed by the district under Sections
8802.109(b) and (c) remains in effect.
(c) For industrial, commercial, and nonagricultural irrigation
permits first issued on or before September 9, 2004, and amended
after September 9, 2004, the district may impose greater
restrictions, including complete curtailment, for the additional
amount of water authorized by the amendment than the district
imposes on similarly situated permittees for other uses.
Added by Acts 2007, 80th Leg., R.S., Ch.
1405, Sec. 4, eff. September 1, 2007.
SUBCHAPTER D. INCLUSION AND EXCLUSION OF LAND IN DISTRICT
Sec. 8802.151. MUNICIPAL APPROVAL NOT REQUIRED. Approval of
inclusion of land in the district that is located in the
corporate limits or extraterritorial jurisdiction of a
municipality does not require the municipality's approval under
Subchapter B, Chapter 42, Local Government Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.152. EXCLUSION OF COUNTY AREA. (a) The residents of
any county area of the district, on petition of at least 15
percent of the registered voters in that county area, may request
that the board, in conjunction with the next regularly scheduled
directors' election, hold a referendum to determine whether to
exclude that county area from the district.
(b) The petition must be submitted to the board not later than
the 45th day before the date of the election.
(c) The board shall call and add a referendum under this section
to the ballot of the May directors' election in the county area.
(d) Exclusion of a county area from the district requires
approval by a majority of the voters voting on the proposition:
"The _________________ county area of the Barton Springs-Edwards
Aquifer Conservation District shall be excluded from the Barton
Springs-Edwards Aquifer Conservation District."
(e) The exclusion of any county area from the district is
effective on June 1 following approval of the referendum. On and
after that date:
(1) the boundaries of the district shall be redefined to exclude
the county area;
(2) the imposition and collection of district taxes or user fees
in the county area shall cease;
(3) the offices held by any directors elected from the county
area shall terminate; and
(4) any other matters provided by law or by agreement with any
person affecting the authority and operations of the district
shall be automatically redesignated and redefined to be
consistent with the exclusion of the county area.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
SUBCHAPTER E. CONVERSION AND DISSOLUTION OF DISTRICT
Sec. 8802.201. CONVERSION OF DISTRICT PROHIBITED. The district
may not be converted to any other type of conservation and
reclamation district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.
Sec. 8802.202. DISSOLUTION OF DISTRICT; ELECTION. (a) The
board shall call a dissolution election if:
(1) the board receives a petition signed by a number of
registered voters in the district equal to at least 30 percent of
the voters in the district's most recent election; and
(2) the district has no outstanding bonds or other long-term
indebtedness.
(b) The board shall dissolve the district if at least two-thirds
of the voters voting in the election vote in favor of dissolving
the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.07, eff. April 1, 2007.