CHAPTER 8821. SOUTHERN TRINITY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8821. SOUTHERN TRINITY
GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8821.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Southern Trinity Groundwater
Conservation District.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1248, Sec. 2, eff. June 19, 2009.
Sec. 8821.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in McLennan County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution. The district is located in a
priority groundwater management area designated by the Texas
Commission on Environmental Quality pursuant to Section 35.008,
Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1248, Sec. 3, eff. June 19, 2009.
Sec. 8821.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
McLennan County, Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.005. CONSTRUCTION OF CHAPTER. This chapter shall be
liberally construed to achieve the legislative intent and
purposes of Chapter 36, Water Code. A power granted by Chapter
36, Water Code, or this chapter shall be broadly interpreted to
achieve that intent and those purposes.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.006. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION
DISTRICT LAW. Except as otherwise provided by this chapter,
Chapter 36, Water Code, applies to the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8821.025.
Sec. 8821.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than the 45th day after the effective date of this chapter,
five temporary directors shall be appointed as follows:
(1) the McLennan County Commissioners Court shall appoint one
temporary director from each of the four commissioners precincts
in the county to represent the precincts in which the temporary
directors reside; and
(2) the county judge of McLennan County shall appoint one
temporary director who resides in the district to represent the
district at large.
(b) If there is a vacancy on the temporary board, the authority
who appointed the temporary director whose position is vacant
shall appoint a person to fill the vacancy.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1248, Sec. 7(1),
eff. June 19, 2009.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1248, Sec. 7(1), eff. June 19, 2009.
Sec. 8821.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 36.055, Water Code, a majority of the
temporary directors shall convene the organizational meeting of
the district at a location within the district agreeable to a
majority of the directors. If an agreement on location cannot be
reached, the organizational meeting shall be at the McLennan
County Courthouse.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.024. INITIAL DIRECTORS. (a) The temporary directors
are the initial directors and serve for the terms provided by
Subsection (b).
(b) The initial directors representing commissioners precincts 2
and 4 serve a term expiring on December 31, 2011, and the initial
directors representing commissioners precincts 1 and 3 and the
at-large director serve a term expiring on December 31, 2013.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1248, Sec. 4, eff. June 19, 2009.
Sec. 8821.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires December 31, 2013.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1248, Sec. 5, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8821.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms, with two or three
directors' terms expiring December 31 of each even-numbered year.
(c) A director may not serve more than three consecutive terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.052. APPOINTMENT OF DIRECTORS. (a) The McLennan
County Commissioners Court shall appoint one director from each
of the four commissioners precincts and one director to represent
the district at large.
(b) Except as provided by Subsection (c), to be eligible to
serve as director at large, a person must be a registered voter
in the district. To serve as director from a county
commissioners precinct, a person must be a registered voter of
that precinct.
(c) When the boundaries of the county commissioners precincts
are redrawn after each federal decennial census to reflect
population changes, a director in office on the effective date of
the change, or a director appointed before the effective date of
the change whose term of office begins on or after the effective
date of the change, shall serve in the precinct to which
appointed even though the change in boundaries places the
person's residence outside the precinct for which the person was
appointed.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8821.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. Except as provided by this chapter, the district has the
powers and duties provided by the general law of this state,
including Chapter 36, Water Code, and Section 59, Article XVI,
Texas Constitution, applicable to groundwater conservation
districts.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.102. REGISTRATION AND REPORTING REQUIREMENTS FOR
CERTAIN EXEMPT WELLS. The district may adopt rules that require
the owner or operator of a well or class of wells exempt from
permitting under Section 36.117, Water Code, to register the well
with the district and, if the well is not exempt under Section
36.117(b)(1), Water Code, to report groundwater withdrawals from
the well using reasonable and appropriate reporting methods and
frequency.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.103. WELL SPACING RULES; EXEMPTIONS. (a) Except as
provided by Subsection (b), the district shall exempt from the
well spacing requirements adopted by the district any well that
is completed on or before the effective date of those
requirements.
(b) The district may provide by rule that a well may lose its
exemption under this section if the well is modified in a manner
that substantially increases the capacity of the well after the
effective date of the well spacing requirements adopted by the
district.
(c) Except as provided by this section, the district may require
any well or class of wells exempt from permitting under Chapter
36, Water Code, to comply with the well spacing requirements
adopted by the district. The district shall apply well spacing
requirements uniformly to any well or class of wells based on the
size or capacity of the well and without regard to the type of
use of the groundwater produced by the well.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.104. ADOPTION OF RULES AND ISSUANCE OF PERMITS.
Before the district adopts a management plan, the district may
adopt rules and issue permits.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.105. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. The
district and another governmental entity, including a river
authority located in the district, may contract for the
performance by that entity of a district function.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.106. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.107. DISTRICT TERRITORY REQUIREMENTS; DISSOLUTION OF
DISTRICT. (a) On September 1, 2011, the district boundaries
must include at least one county adjacent to McLennan County.
(b) As soon as practicable after September 1, 2011, the Texas
Commission on Environmental Quality shall determine whether the
district complies with Subsection (a).
(c) If the Texas Commission on Environmental Quality determines
that the district does not comply with Subsection (a), the
commission shall dissolve the district in accordance with
Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310,
Water Code, regardless of whether the district meets the criteria
for dissolution under Section 36.304(a), Water Code.
(d) This section expires September 1, 2013.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8821.151. REVENUE. To pay the maintenance and operating
costs of the district and to pay any bonds or notes issued by the
district, the district may:
(1) assess fees for services or for water withdrawn from
nonexempt wells; or
(2) solicit and accept grants from any private or public source.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Sec. 8821.152. DISTRICT REVENUES. (a) The district by rule,
resolution, or order may establish, amend, pledge, encumber,
expend the proceeds from, and assess to any person fees for
services or production fees based on the amount of groundwater
authorized by permit to be withdrawn from a well, or on the
amount of water actually withdrawn, to enable the district to
fulfill its purposes and regulatory functions as provided by this
chapter. The district may use revenues generated by fees it
assesses for any lawful purpose.
(b) Notwithstanding any provision of general law to the
contrary, a fee authorized by Subsection (a) may not exceed:
(1) $1 per acre-foot annually for groundwater used for
agricultural purposes; or
(2) 30 cents per thousand gallons annually for groundwater used
for nonagricultural purposes.
(c) Notwithstanding any provision of general law or this chapter
to the contrary, if any, the district may assess a production fee
under this section for groundwater produced from a well or class
of wells exempt from permitting under Section 36.117, Water Code,
except for a well exempt from permitting under Section
36.117(b)(1), Water Code. A production fee assessed by the
district under this subsection must be based on the amount of
groundwater actually withdrawn from the well and may not exceed
the amount established by the district for permitted uses under
Subsection (b)(2) of this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1248, Sec. 6, eff. June 19, 2009.
SUBCHAPTER E. DISSOLUTION
Sec. 8821.201. ELECTION FOR DISSOLUTION. (a) If the district
has no outstanding bond or other long-term indebtedness, the
district may be dissolved by a favorable vote of a majority of
the registered voters of the district at an election held for
that purpose.
(b) The board shall hold a dissolution election if the board
receives a petition for dissolution signed by at least 50 percent
of the registered voters in the district as computed by using the
list of registered voters for McLennan County.
(c) If the district is dissolved under this section, the board
shall:
(1) notify the Texas Commission on Environmental Quality and the
secretary of state of the dissolution; and
(2) transfer title to any assets of the district to McLennan
County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1345, Sec. 1, eff. June 15, 2007.