CHAPTER 8827. BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8827. BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8827.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commissioners court" means the Brewster County
Commissioners Court.
(3) "Director" means a board member.
(4) "District" means the Brewster County 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. 8827.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Brewster County created
under and essential to accomplish the purposes of 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. 8827.003. 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. 8827.004. DISTRICT TERRITORY. The district's boundaries
are coextensive with the boundaries of Brewster County 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.
Text of section effective on April 01, 2011
Sec. 8827.005. DISTRICT NAME CHANGE. The board by resolution
may change the name of the district if the district annexes
territory.
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. 8827.051. COMPOSITION OF BOARD; TERMS. (a) The district
is governed by a board of seven directors appointed by the
commissioners court.
(b) The board is composed of:
(1) three directors who represent the municipalities or
population centers of Alpine, Lajitas, Marathon, Study Butte, and
Terlingua;
(2) three directors who represent the rural part of Brewster
County, exclusive of the municipalities or population centers of
Alpine, Lajitas, Marathon, Study Butte, and Terlingua; and
(3) one director who represents Brewster County at large.
(c) A director described by Subsection (b)(1) must reside in or
in the immediate area of a municipality or population center
listed in that subsection.
(d) At least one director must reside in each county
commissioners precinct.
(e) Directors serve staggered three-year 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. 8827.052. APPOINTMENT OF DIRECTORS. The commissioners
court shall appoint a director to succeed a director on or before
the date the director's term expires.
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. 8827.053. BOARD VACANCY. If there is a vacancy on the
board, the commissioners court shall appoint a director to serve
the remainder of the 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. 8827.054. COMPENSATION; EXPENSES. A director may not
receive a salary or other compensation for service as a director
but may be reimbursed for actual expenses of attending meetings
at the rate in effect for employees of Brewster County.
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. 8827.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND
DUTIES. 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. 8827.102. LIMITATIONS ON DISTRICT POWERS RELATING TO REAL
PROPERTY. Notwithstanding other law:
(1) the district may not exercise the power of eminent domain;
and
(2) an agent or employee of the district may not enter private
property without the permission of the landowner or the
landowner's agent except to inspect a permitted well and to
ensure compliance with district rules.
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. 8827.103. GROUNDWATER TRANSFER RESTRICTIONS AND FEES. (a)
The district may limit and impose fees on the transfer of
groundwater out of the district if, after public notice and a
hearing and in accordance with district rules, the district finds
that restrictions or fees on transfer are in the district's best
interests.
(b) In making the determination under Subsection (a), the
district shall consider:
(1) the availability of water in the district and in the
receiving area during the period for which the proposed water
transfer is requested;
(2) the availability of feasible and practicable alternative
supplies to the applicant proposing the transfer;
(3) the amount and proposed use of the transferred water in the
receiving area;
(4) the projected effect of the proposed transfer on aquifer
conditions, depletion, or subsidence or effects on existing
permit holders or other groundwater users within the district;
(5) the projected environmental and economic effects on the
district; and
(6) the compatibility of the proposed transfer with the approved
regional plan and certified district management plan.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.