CHAPTER 8814. STERLING COUNTY UNDERGROUND WATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8814. STERLING COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8814.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Sterling County Underground 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. 8814.002. 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 and Subchapters H
and I, Chapter 49, 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. 8814.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) the organization of the district is feasible and
practicable;
(2) the land to be included in and the residents of the district
will benefit from the creation of the district;
(3) there is a public necessity for the district; and
(4) the creation of the district will further the public
welfare.
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. 8814.004. DISTRICT TERRITORY. The district is composed of
the territory in Sterling County unless the district's territory
has been modified under:
(1) Subchapter J or K, 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. 8814.005. DISTRICT NAME CHANGE. The board may change the
name of the district if additional territory is annexed to or
consolidated with 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. 8814.006. 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.
Text of section effective on April 01, 2011
Sec. 8814.007. PAYMENT OF ORGANIZATIONAL EXPENSES. (a) The
board may pay:
(1) all costs and expenses necessarily incurred in the creation
and organization of the district;
(2) legal fees; and
(3) other incidental expenses.
(b) The board may reimburse a person for money advanced for a
purpose described by Subsection (a).
(c) A payment may be made from maintenance taxes or other
district revenue.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Text of section effective on April 01, 2011
Sec. 8814.051. COMPOSITION OF BOARD; TERMS. (a) The board is
composed of five directors.
(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. 8814.052. ELECTION OF DIRECTORS. One director is elected
from the district at large. One director is elected from each
county commissioners precinct.
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. 8814.053. ELECTION DATE. Every two years, an election
shall be held on the uniform election date in May to elect the
appropriate number of directors.
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. 8814.054. QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO
SERVE. (a) To be qualified for election as a director, a person
must be:
(1) a resident of the district; and
(2) at least 18 years of age.
(b) In addition to the requirements of Subsection (a), a person
who is a director from a county commissioners precinct must be a
resident of that precinct unless the composition of the board is
changed by annexation or consolidation.
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. 8814.055. BOARD VACANCY. If a vacancy occurs in the office
of director, the remaining directors shall appoint a director for
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. 8814.056. COMPOSITION OF BOARD FOLLOWING ANNEXATION OR
CONSOLIDATION. If the district annexes territory or consolidates
with another district, the board shall determine the composition
of the board in a manner that is equitable for the residents of
the district as provided by 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. 8814.057. COMPENSATION; EXPENSES. (a) A director or
officer serves without compensation but may be reimbursed for
actual expenses incurred in the performance of official duties.
(b) The expenses described by Subsection (a) must be:
(1) reported in the district's records; and
(2) approved by 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. 8814.058. 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.
Text of section effective on April 01, 2011
Sec. 8814.059. OFFICERS. (a) After each directors' election,
the board shall:
(1) hold a regular meeting at the district office; and
(2) organize by electing from the directors a president, a vice
president, and a secretary.
(b) A person selected to serve as president, vice president, or
secretary serves in that capacity for a two-year term.
(c) The president, vice president, and secretary shall perform
the duties and may exercise the powers specifically provided by
this chapter or by order of 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. 8814.060. GENERAL MANAGER; SERVICE OF PROCESS. (a) The
general manager shall execute a bond in the amount determined by
the board, payable to the district, and conditioned on the
faithful performance of the general manager's duties. The
district shall pay for the bond.
(b) The general manager is entitled to receive the compensation
provided by the district's budget.
(c) Service of process in a suit may be had by serving the
general manager.
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. 8814.061. TREASURER AND ATTORNEY. (a) The board may
appoint a treasurer and an attorney for the district.
(b) The person appointed as treasurer shall execute a bond in
the amount determined by the board, payable to the district,
conditioned on the faithful performance of the treasurer's
duties. The district shall pay for the bond.
(c) A person appointed under this section is entitled to the
compensation provided by the district's budget.
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. 8814.062. ENGINEER. The board may:
(1) appoint or contract with a competent professional engineer
for the district; and
(2) determine the amount of compensation to be paid to the
engineer.
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. 8814.063. PERSONNEL. (a) The general manager or the board
may:
(1) employ other persons necessary to properly handle the
district's business and operation; and
(2) employ or contract with expert and specialized personnel who
are necessary to carry out this chapter.
(b) The board shall determine the terms of employment and the
compensation to be paid to employees described by this section.
(c) The district shall pay for any bond that an employee of or
person under contract with the district is required to furnish
under Section 36.057(d), Water Code.
(d) The general manager or the board may dismiss an employee 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. 8814.064. DISTRICT OFFICE. The board shall maintain an
office in the district for conducting district business.
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. 8814.065. MEETINGS. The board shall hold regular meetings
at the district office on a date established by 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. 8814.066. RECORDS. The board shall keep a complete written
account of board meetings and other proceedings and shall
preserve the board's minutes, contracts, records, plans, notices,
accounts, receipts, and records in a secure manner at the
district's office.
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. 8814.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. Except to the extent of any conflict with this chapter
or as specifically limited by this chapter, the district may
exercise the powers granted by, and shall exercise the duties
provided by, Chapter 36, Water Code, to carry out the purpose of
the district and 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. 8814.102. RULES. (a) The board may adopt rules necessary
to carry out the purpose and powers under this chapter.
(b) In addition to the rules adopted under Subsection (a), the
board may adopt and enforce rules as provided by Chapter 36 and
Subchapters H and I, Chapter 49, 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. 8814.103. EMINENT DOMAIN. (a) The district may exercise
the power of eminent domain to acquire by condemnation a fee
simple or other interest in property in the district if the
property interest is necessary to the exercise of the authority
conferred by this chapter.
(b) The district must exercise the power of eminent domain in
the manner provided by Chapter 21, Property Code, but the
district is not required to deposit in the trial court money or a
bond as provided by Section 21.021(a), Property 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. 8814.104. CERTAIN PERMIT DENIALS PROHIBITED. If the
district regulates production of groundwater by permit as
authorized by Chapter 36, Water Code, the board may not deny a
permit to drill a well to the owner of land, or the owner's
heirs, assigns, and lessees on that land, and the right to
produce water from that well under rules adopted by 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. 8814.105. CONTROL, STORAGE, AND PRESERVATION OF STORM AND
FLOOD WATER. The district may control, store, and preserve the
storm and flood water in the district and the water of the 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, municipal, and industrial uses.
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. 8814.106. 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. 8814.107. 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. 8814.108. ACQUISITION OF PROPERTY. The district may
acquire land or other property necessary to carry out this
chapter by:
(1) gift;
(2) devise;
(3) lease;
(4) purchase; or
(5) 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. 8814.109. SALE AND DISPOSAL OF PROPERTY. Subject to this
chapter and Chapter 36 and Subchapters H and I, Chapter 49, Water
Code, the district may sell or otherwise dispose of land and
other property of the district that is not necessary to carry out
the purpose or powers of the district as determined by 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. 8814.110. IMPROVEMENTS AND FACILITIES. (a) The district
may construct or acquire and improve and maintain works,
facilities, and improvements necessary to carry out the purpose,
powers, and plans of the district.
(b) The district must construct and acquire works, facilities,
and improvements in the manner provided by Chapter 49, 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. 8814.111. INPUT WELLS. The district may drill, equip,
operate, and maintain input wells, pumps, and other facilities to
carry out its purpose and powers under 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. 8814.112. 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 a 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.
Text of section effective on April 01, 2011
Sec. 8814.113. STUDIES AND SURVEYS. (a) The board may have a
professional engineer conduct studies and surveys of the
groundwater and surface water supplies in the district and the
facilities available for use in the conservation, preservation,
protection, recharge, and prevention of waste and pollution of
those water resources.
(b) A professional engineer may determine the quantities of
groundwater and surface water in 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. 8814.114. RESEARCH; INFORMATION. The district may engage
in research projects and shall develop information to be used by
the district in preparing and implementing the district's plans
and in carrying out the district's powers and duties under 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. 8814.115. DISTRICT PLANS. (a) The district shall develop
and implement comprehensive plans for the conservation,
preservation, protection, recharge, and prevention of waste and
pollution of groundwater and surface water in the district.
(b) The plans must include all works, facilities, and
improvements necessary to implement the plans and the
specifications for those works, facilities, and improvements.
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. 8814.116. PAYMENT OF JUDGMENTS. A court of this state that
renders a money judgment against the district may require the
board to pay the judgment from money in the district depository
that is not dedicated to the payment of any indebtedness of the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.