CHAPTER 8825. BLUEBONNET GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8825. BLUEBONNET GROUNDWATER CONSERVATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8825.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Bluebonnet Groundwater 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. 8825.002. NATURE OF DISTRICT. (a) The district is a
groundwater conservation district created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(b) The purpose of this chapter is to create a locally
controlled district to:
(1) protect and recharge groundwater;
(2) prevent pollution or waste of groundwater;
(3) control subsidence caused by withdrawal of water from the
groundwater reservoirs in the area; and
(4) regulate the transport of water out 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. 8825.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district will
benefit from the works and projects accomplished by the district
under the powers conferred by Section 59, Article XVI, Texas
Constitution.
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. 8825.004. DISTRICT TERRITORY. The district's boundaries
are coextensive with the boundaries of Austin, Grimes, Walker,
and Waller Counties, unless the district's territory has 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Text of section effective on April 01, 2011
Sec. 8825.051. COMPOSITION OF BOARD. The district is governed
by a board of not fewer than 8 or more than 20 directors
appointed as provided by Section 8825.053.
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. 8825.052. TERMS. (a) Directors serve staggered four-year
terms.
(b) A director may serve consecutive terms.
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. 8825.053. APPOINTMENT OF DIRECTORS. (a) The commissioners
courts of the counties in the district, if the district has two
to five counties, shall each appoint four directors, of whom:
(1) one must represent municipal interests;
(2) one must represent agricultural interests;
(3) one must represent industrial interests; and
(4) one must represent rural water suppliers' interests.
(b) If the district consists of one county, the commissioners
court of that county shall appoint eight directors, of whom:
(1) two must represent municipal interests;
(2) two must represent agricultural interests;
(3) two must represent industrial interests; and
(4) two must represent rural water suppliers' interests.
(c) Every two years after the date on which all initial
directors qualified as required by Section 36.055, Water Code,
the appropriate commissioners courts shall each appoint 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. 8825.054. BOARD VACANCY. (a) If there is a vacancy on the
board, the commissioners court that appointed the director who
vacated the office shall appoint a director to serve the
remainder of the term.
(b) In making the appointment, the commissioners court shall
appoint a director to represent the interest of the director who
vacated the office.
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. 8825.055. COMPENSATION; EXPENSES. (a) A director is not
entitled to receive compensation for serving as a director.
(b) A director may be reimbursed for actual reasonable expenses
incurred in discharging official duties.
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. 8825.056. VOTE REQUIRED FOR BOARD ACTION. A majority vote
of a quorum of the board is required for board action. If there
is a tie vote, the proposed action fails.
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. 8825.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. Except as otherwise provided by this chapter, the
district has the rights, powers, privileges, functions, and
duties provided by the general law of this state, including
Chapter 36, Water Code, applicable to groundwater conservation
districts created under Section 59, Article XVI, Texas
Constitution.
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. 8825.102. LIMITATIONS ON DISTRICT POWERS. The district
does not have the authority granted by:
(1) Section 36.105, Water Code, relating to eminent domain; and
(2) Sections 36.020 and 36.201-36.204, Water Code, relating to
taxes.
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. 8825.103. REGISTRATION, EQUIPMENT, AND MAINTENANCE OF
EXEMPTED WELLS; APPLICABILITY OF FEES. (a) A well exempted
under Section 36.117(a) or (b), Water Code, may be:
(1) registered in accordance with rules adopted by the district;
and
(2) equipped and maintained in accordance with Section
36.117(h)(2), Water Code.
(b) The district may require the driller of a well exempted as
provided by Subsection (a) to file the drilling log with the
district.
(c) Groundwater withdrawn from an exempted well and subsequently
transported outside the boundaries of the district is subject to
all applicable production and export fees imposed under Sections
8825.105 and 8825.106.
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. 8825.104. CERTAIN PERMIT DENIALS PROHIBITED. The district
may not deny the owner of a tract of land, or the owner's lessee,
who does not have a well equipped to produce more than 25,000
gallons each day on the tract, either a permit to drill a well on
the tract or the privilege to produce groundwater from the tract,
subject to any rules 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. 8825.105. PERMIT FEES. (a) The board by rule may impose a
reasonable fee on each well that is not exempt from regulation by
the district and for which a permit is issued by the district.
(b) The fee may be based on:
(1) the size of column pipe used by the well; or
(2) the actual, authorized, or anticipated amount of water to be
withdrawn from the well.
(c) The fee may not exceed:
(1) $1 for each acre-foot payable annually for water used for
agricultural use; or
(2) 17 cents for each thousand gallons for water used for any
other 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. 8825.106. ADDITIONAL FEE; SURCHARGE. In addition to a fee
imposed under Section 8825.105, the district may impose a
reasonable fee or surcharge for an export fee using one of the
following methods:
(1) a fee negotiated between the district and the transporter;
or
(2) a combined production and export fee not to exceed 17 cents
for each thousand gallons for water used.
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. 8825.107. ANNUAL ASSESSMENT AND USE OF FEES. A fee imposed
under Section 8825.105 or 8825.106 may be:
(1) assessed annually; and
(2) used to fund the costs of district operations.
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. 8825.108. MITIGATION ASSISTANCE. In addition to the
authority granted by Chapter 36, Water Code, the district may
assist in the mediation between landowners regarding the
mitigation of a loss of existing groundwater supply of exempt
domestic and livestock users due to the groundwater pumping of
others.
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. 8825.109. COORDINATION WITH OTHER ENTITIES. The district
may:
(1) coordinate activities with the Central Carrizo-Wilcox
Coordinating Council and appoint a nonvoting representative to
the Central Carrizo-Wilcox Coordinating Council; and
(2) coordinate activities with the Harris-Galveston Coastal
Subsidence District or other groundwater conservation districts
to manage portions of the Gulf Coast Aquifer.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.