CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8805. LIPAN-KICKAPOO WATER CONSERVATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8805.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lipan-Kickapoo Water Conservation
District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution, to provide for
the conservation, preservation, protection, recharge, and
prevention of waste and pollution of the district's groundwater
and surface water, consistent with the objectives of Section 59,
Article XVI, Texas Constitution, and Chapter 36, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) the creation of the district is feasible and practicable;
(2) the district will benefit the land in the district;
(3) there is a public necessity for the district; and
(4) the district will provide a public use and benefit.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.004. DISTRICT TERRITORY. The district is composed of
the territory described by Section 4, Chapter 439, Acts of the
70th Legislature, Regular Session, 1987, as that territory may
have been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.005. OWNERSHIP OF GROUNDWATER AND SURFACE WATER RIGHTS
NOT AFFECTED BY CHAPTER. The ownership and rights of the owner
of land, the owner's lessees, and assigns in groundwater and any
surface water rights are recognized and this chapter does not
deprive or divest the owner, the owner's lessees, or assigns of
those ownership rights.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER B. BOARD OF DIRECTORS
Text of section effective on April 01, 2011
Sec. 8805.051. COMPOSITION OF BOARD; TERMS. (a) The board
consists of:
(1) an equal number of directors from each county in the
district, elected by a majority vote of the voters residing in
any part of the county that is included in the district; and
(2) one director elected from the district at large.
(b) Directors serve staggered four-year terms.
(c) A director takes office at the first regular meeting of the
board following the director's election to the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.052. ELECTION OF DIRECTORS. (a) Every second year,
the board shall hold an election on the uniform election date in
May provided by Section 41.001, Election Code, to elect the
appropriate number of directors.
(b) Three directors are elected at one election and four at the
next election in continuing sequence unless the number of
directors changes under Section 8805.055.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.053. QUALIFICATIONS FOR ELECTION. (a) To be
qualified for election as a director, a person must be:
(1) a resident of the district or proposed district; and
(2) at least 18 years of age.
(b) In addition to the requirements of Subsection (a), a
director from a county area must be a resident of that county.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.054. BOARD VACANCY. (a) If a vacancy occurs in the
office of director, the remaining directors shall appoint a
replacement who meets the qualifications of Section 8805.053.
(b) The appointed replacement serves until the next directors'
election.
(c) If the position is not regularly scheduled to be filled at
the next election, the person elected to fill the position serves
for the remainder of the unexpired term.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.055. COMPOSITION OF BOARD AND ELECTION OF DIRECTORS
FOLLOWING ANNEXATION. (a) When the district annexes territory,
the board shall change the number of directors, if necessary, so
that:
(1) an equal number of directors is elected by district voters
of each county; and
(2) one director is elected from the district at large.
(b) If the board changes the number of directors under
Subsection (a), the board shall provide that, as nearly as
possible, half of the directors are elected at each subsequent
election in continuing sequence.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.056. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An
official action of the board is not valid without the affirmative
vote of a majority of the directors.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER C. POWERS AND DUTIES
Text of section effective on April 01, 2011
Sec. 8805.101. GENERAL POWERS AND DUTIES. (a) Except to the
extent of any conflict with this chapter or as specifically
limited by this chapter, the district:
(1) is governed by and subject to Chapter 36 and Subchapters H
and I, Chapter 49, Water Code; and
(2) may exercise the powers provided by the chapters described
by Subdivision (1), including the power to issue bonds, impose
taxes, and exercise eminent domain authority.
(b) The district shall exercise the duties provided by the
chapters specified by Subsection (a)(1).
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.102. SEAL. The board may adopt a seal for the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.103. CONTROL, STORAGE, AND PRESERVATION OF STORM AND
FLOOD WATER. The district may control, store, and preserve storm
water and floodwater in the district and water of rivers and
streams in the district for:
(1) irrigation of arid land;
(2) prevention of floods and flood damage in the district; and
(3) domestic, agricultural, and industrial use.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.104. RECLAMATION. The district may:
(1) reclaim land in the district; and
(2) construct works, facilities, and improvements necessary to
accomplish that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.105. SOIL CONSERVATION AND IMPROVEMENT. The district
may construct and maintain terraces or other structures on land
in the district and may engage in or promote land treatment
measures for soil conservation and improvement.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.106. ACQUISITION OF PROPERTY. The district may
acquire land or other property necessary to carry out this
chapter by:
(1) gift;
(2) grant;
(3) devise;
(4) lease;
(5) purchase; or
(6) condemnation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.107. SALE AND DISPOSAL OF PROPERTY. Subject to this
chapter and Chapter 36, Water Code, the district may sell or
otherwise dispose of land and other property of the district that
the board determines is not necessary to carry out the purposes
or powers of the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.108. BORROWING MONEY. The district may borrow money
for any purpose authorized by this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8805.109. APPEARANCE BEFORE RAILROAD COMMISSION. The
district, through the directors or the district's general
manager, may appear before the Railroad Commission of Texas and
present evidence and information relating to any pending permit
application for an injection well to be located in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.