CHAPTER 8824. COLORADO COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8824. COLORADO COUNTY GROUNDWATER CONSERVATION DISTRICT
For contingent expiration of this chapter, see Section 8824.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8824.001. 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 Colorado County Groundwater
Conservation District.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Colorado County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
before September 1, 2011:
(1) the district is dissolved on September 1, 2011, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Colorado County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires on September 1, 2013.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Colorado County, Texas, except that the district does not include
any territory that is included in the boundaries of the Coastal
Bend Groundwater Conservation District as of the effective date
of the Act enacting this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.005. 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.
953, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8824.024.
Sec. 8824.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than September 11, 2007, the Colorado County Commissioners
Court shall appoint seven temporary directors. Temporary
directors must meet the qualifications provided by Section
8824.052 for permanent directors.
(b) If there is a vacancy on the temporary board of directors of
the district, the remaining temporary directors shall select a
qualified person to fill the vacancy. If, at any time, there are
three or more vacancies on the temporary board, the Colorado
County Commissioners Court shall appoint a qualified person to
fill each vacancy.
(c) Temporary directors serve until the earlier of:
(1) the time initial directors are elected as provided by
Section 8824.023; or
(2) the date this chapter expires under Section 8824.003.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
(a) 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 Colorado
County Courthouse.
(b) At the meeting, the temporary directors shall elect a
presiding officer, assistant presiding officer, and secretary
from among the temporary directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary board of directors shall hold an election to
confirm the creation of the district and elect seven initial
directors.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(c) Except as provided by this section, a confirmation election
must be conducted as provided by Sections 36.017(b)-(i), Water
Code, and the Election Code.
(d) The ballot for the election must be printed to provide for
voting for or against the proposition: "The creation of the
Colorado County Groundwater Conservation District and the levy of
an ad valorem tax in the district at a rate not to exceed three
cents for each $100 of assessed valuation."
(e) The temporary board of directors may include any other
proposition on the ballot that the directors determine necessary.
(f) If a majority of the votes cast at the election are not in
favor of the creation of the district, the temporary board of
directors may hold a subsequent confirmation election. The
subsequent election may not be held before the month in which the
first anniversary of the date on which the preceding election was
held occurs.
(g) The initial directors for positions one, three, five, and
seven shall serve until the first regularly scheduled election of
directors under Section 8824.053. The initial directors for the
remaining positions shall serve until the second regularly
scheduled election of directors under Section 8824.053.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2013.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8824.051. DIRECTORS; TERMS. (a) The district is governed
by a board of seven directors.
(b) Directors serve staggered four-year terms.
(c) A director may serve only two consecutive terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.052. METHOD OF ELECTING DIRECTORS. (a) Except as
provided by Subsection (e), the directors of the district shall
be elected as follows:
(1) the directors for positions 1 through 4 must reside in
Colorado County Commissioners Precincts 1 through 4,
respectively, and are elected by the voters of the applicable
county commissioners precinct; and
(2) the directors for positions 5 through 7 must reside in the
cities of Columbus, Eagle Lake, and Weimar, respectively, and are
elected at large by the voters of the district.
(b) To be eligible to be a candidate for or to serve as a
director, a person must be a registered voter.
(c) A person shall indicate on the application for a place on
the ballot the position on the board to which the person seeks to
be elected.
(d) 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 elected or 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 elected or appointed even though the change in
boundaries places the person's residence outside the precinct for
which the person was elected or appointed.
(e) If territory is added to the district, the board shall
change the method of electing directors as necessary to ensure
that all district voters are fairly represented. A change in the
method of electing directors adopted by the board under this
subsection shall be implemented at the next directors' election
at which the change can be implemented consistently with the
Election Code and federal law.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date prescribed by Section 41.001, Election
Code, in November of each even-numbered year.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.054. DIVISION OF MUNICIPALITY. The provision of
Section 36.059(b), Water Code, concerning the division of a
municipal corporation among precincts does not apply to an
election under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.055. COMPENSATION; REIMBURSEMENT. (a)
Notwithstanding Section 36.060, Water Code, a director is not
entitled to receive compensation for performing the duties of a
director.
(b) The board may authorize a director to receive reimbursement
for the director's reasonable expenses incurred while engaging in
activities on behalf of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.056. VACANCY. A vacancy in the office of director
shall be filled by appointment of the board. The appointed
director serves only for the remainder of the unexpired term to
which the director was appointed.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8824.101. RESTRICTIONS ON GENERAL POWERS. Sections 36.103
and 36.104, Water Code, do not apply to the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.102. PROHIBITION ON REQUIRING METERING OF EXEMPT
WELLS. The district may not require meters on wells exempt from
permitting or regulation under Section 36.117, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.103. RIGHT TO ENTER LAND. (a) A district director or
employee or a person who contracts with the district may enter
private property on behalf of the district without obtaining the
permission of the property owner only if:
(1) the purpose of the entry is to conduct an investigation of a
violation of or enforce a district rule; and
(2) the property owner is provided reasonable notice before the
property is entered.
(b) A district director or employee or a person who contracts
with the district must obtain the permission of a property owner
before entering private property on behalf of the district for
any purpose other than the purposes described by Subsection
(a)(1).
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.104. 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.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.105. 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, notwithstanding Section 8824.102, 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.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.106. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8824.151. REVENUE. (a) 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) impose ad valorem taxes at a rate not to exceed three cents
on each $100 of assessed valuation of taxable property in the
district; or
(2) assess reasonable fees for:
(A) services provided;
(B) water withdrawn from each well that is not exempt from
district permitting or regulation; or
(C) groundwater exported from the district.
(b) In determining a tax rate under Subsection (a)(1), the board
shall take into consideration the income of the district from
sources other than taxation.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.152. GRANTS, GIFTS, AND DONATIONS. The district may
solicit and accept grants, gifts, and donations from any public
or private source.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. DISSOLUTION
Sec. 8824.201. SUBCHAPTER CUMULATIVE. The provisions of this
subchapter are cumulative of the provisions of Subchapter I,
Chapter 36, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.202. DISSOLUTION BY ELECTION. (a) After January 1,
2016, the board shall order an election on the question of
dissolving the district if the board receives a petition
requesting that an election be held for that purpose that is
signed by at least 15 percent of the district's registered
voters.
(b) Not later than the 30th day after the date the board
receives the petition, the directors shall:
(1) validate the signatures on the petition; and
(2) if the signatures are validated, order an election on the
next uniform election date under Section 41.001, Election Code.
(c) The order calling the election must state the nature of the
election, including the proposition that is to appear on the
ballot.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.203. NOTICE OF ELECTION. Notice of an election under
this subchapter must be provided by posting a copy of the order
calling the election in at least one conspicuous place for at
least 10 days before the day of the election:
(1) at the Colorado County Courthouse;
(2) in each Colorado County commissioners precinct; and
(3) in the cities of Columbus, Eagle Lake, and Weimar.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.204. BALLOT. The ballot for an election under this
subchapter must be printed to permit voting for or against the
proposition: "The dissolution of the Colorado County Groundwater
Conservation District."
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.
Sec. 8824.205. ELECTION RESULTS; DISPOSITION OF ASSETS. If a
majority of the votes in an election under this subchapter favor
dissolution:
(1) the board shall find that the district is dissolved; and
(2) Section 36.310, Water Code, applies for the purpose of
disposition of the district's assets.
Added by Acts 2007, 80th Leg., R.S., Ch.
953, Sec. 1, eff. June 15, 2007.