CHAPTER 8806. COKE COUNTY UNDERGROUND WATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8806. COKE COUNTY UNDERGROUND WATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8806.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the Coke County Underground Water
Conservation District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.002. 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 of the groundwater reservoirs located under
district land, consistent with the objectives of Section 59,
Article XVI, Texas Constitution, and Chapters 36 and 51, Water
Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) Land included in the boundaries of the district will
benefit.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Coke County,
Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.005. ADMINISTRATIVE PROCEDURES. The administrative
and procedural provisions of Chapters 36 and 51, Water Code,
apply to the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.006. CONFLICT OF LAW. If there is a conflict between
Chapters 36 and 51, Water Code, Chapter 36 controls.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8806.051. COMPOSITION OF BOARD; TERMS. (a) The district
is governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.052. METHOD OF ELECTING DIRECTORS. One director is
elected from each county commissioners precinct in Coke County
and one director is elected at large.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.053. ELECTION DATE. The district shall hold an
election in the district to elect directors on the uniform
election date in May of each odd-numbered year.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.054. QUALIFICATIONS FOR ELECTION. (a) To be
qualified for election as a director, a person must be:
(1) a resident of the district; and
(2) at least 21 years of age.
(b) To be qualified for election as a director from a precinct,
a person must reside in that precinct.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8806.101. GENERAL RIGHTS, POWERS, DUTIES, PRIVILEGES, AND
FUNCTIONS. The district has:
(1) the powers essential to accomplish the purposes of Section
59, Article XVI, Texas Constitution; and
(2) the rights, powers, duties, privileges, and functions
provided by this chapter, Chapters 36 and 51, Water Code, and
other laws of this state relating to groundwater conservation
districts.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.102. WELL PERMITS. (a) The board may:
(1) require a permit for drilling, equipping, or completing a
well in the groundwater reservoir; and
(2) issue a permit subject to terms and provisions relating to
drilling, equipping, or completing a well that are necessary to
prevent waste or conserve, preserve, and protect groundwater.
(b) The board may not deny an owner of land, or the owner's
heirs, assigns, and lessees, a permit to drill a well on that
land or the right to produce groundwater from that well subject
to rules adopted under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.103. WELL SPACING AND PRODUCTION. The board may:
(1) provide for the spacing of wells producing from groundwater
reservoirs; and
(2) regulate the production from those wells to minimize as far
as practicable the drawdown of the water table or the reduction
of the artesian pressure.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.104. RECORDS, REPORTS, AND LOGS. (a) The board may
require that records be kept and reports be made of:
(1) the drilling, equipping, and completing of a well into a
groundwater reservoir; and
(2) the taking and use of groundwater from that reservoir.
(b) The board may require accurate driller's logs to be kept of
a well described by Subsection (a)(1).
(c) The board may require that a copy of a driller's log and of
any electric log that may be made of a well be filed with the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.105. ACQUISITION OF LAND. The district may acquire
land to erect a dam or drain a lake, depression, or draw.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.106. RECHARGE OF RESERVOIR. The district may
construct dams, drain lakes, depressions, draws, or creeks, and
install pumps and other equipment necessary to recharge a
groundwater reservoir.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.107. SURVEYS. The district may have a licensed
engineer survey the groundwater of a groundwater reservoir and
the facilities for the development, production, and use of that
groundwater and determine the quantity of the groundwater
available for production and use and the improvements,
developments, and recharges needed for the groundwater reservoir.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.108. DISTRICT PLANS. (a) The district may develop
comprehensive plans for the most efficient use of the groundwater
of a groundwater reservoir and for the control and prevention of
waste of that groundwater.
(b) The plans must specify in the amount of detail that may be
practicable any act, procedure, performance, or avoidance
necessary to effect those plans.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.109. RESEARCH PROJECTS. The district may carry out
research projects, develop information, and determine
limitations, if any, that should be made on the withdrawal of
groundwater from a groundwater reservoir.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.110. COLLECTION AND PRESERVATION OF INFORMATION. The
district may collect and preserve information regarding the use
of groundwater and the practicability of recharge of a
groundwater reservoir.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.111. DISSEMINATION OF PLANS AND INFORMATION. The
board may:
(1) publish plans and information;
(2) notify the users of groundwater in the district of the plans
and information; and
(3) encourage the adoption and execution of the plans.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.112. CONTRACT FOR AND SALE AND DISTRIBUTION OF WATER.
The district may contract for, sell, and distribute water from a
water import authority or other agency.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.113. ANNEXATION. Territory may be added to the
district under Subchapter J, Chapter 49, Water Code. The board
shall determine to which precinct the annexed land is added for
the purpose of electing directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.
Sec. 8806.114. DISSOLUTION. Chapter 36, Water Code, applies to
the dissolution of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.11, eff. April 1, 2009.