CHAPTER 8830. UPPER TRINITY GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8830. UPPER TRINITY GROUNDWATER
CONSERVATION DISTRICT
For contingent expiration of this chapter, see Section 8830.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8830.001. 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 Upper Trinity Groundwater Conservation
District.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.002. NATURE OF DISTRICT; FINDINGS. (a) The district
is a groundwater conservation district in Hood, Montague, Parker,
and Wise Counties created under and essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution.
(b) The district is created to serve a public use and benefit.
(c) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by this chapter and by Chapter 36, Water Code.
(d) Any fees imposed by the district under this chapter are
necessary to pay for the costs of accomplishing the purposes of
the district, including the conservation and management of
groundwater resources, as provided by this chapter and Section
59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8830.023 before September 1, 2009:
(1) the district is dissolved on September 1, 2009, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred in equal amounts to Hood, Montague, Parker, and Wise
Counties; 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 September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Hood, Montague, Parker, and Wise Counties.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.005. 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.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.006. 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.
1343, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8830.025.
Sec. 8830.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) The
district is initially governed by a board of eight temporary
directors appointed as provided by Section 8830.051(a).
(b) Temporary directors shall be appointed not later than the
90th day after the effective date of the Act enacting this
chapter. If after the 90th day fewer than eight temporary
directors have been appointed, each unfilled position shall be
considered a vacancy and filled in accordance with Subsection
(c).
(c) If a vacancy occurs on the temporary board, the remaining
temporary directors shall appoint a person to fill the vacancy in
a manner that meets the representational requirements of this
section.
(d) To be eligible to serve as a temporary director, a person
must be a registered voter in the appointing county.
(e) Each temporary director must qualify to serve as a director
in the manner provided by Section 36.055, Water Code.
(f) Temporary directors serve until the earlier of:
(1) the time the temporary directors become the initial
permanent directors under Section 8830.024; or
(2) the date this chapter expires under Section 8830.003.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.022. 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 in the district agreeable to a
majority of the directors. If an agreement on location cannot be
reached, the organizational meeting shall be at the Poolville
Junior High School in Parker County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.023. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election to confirm the creation of the
district.
(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), (c), and
(e)-(g), Water Code, and by the Election Code.
(d) The ballot for the election must be printed to provide for
voting for or against the proposition: "The creation of a
nontaxing, locally controlled groundwater conservation district
to be known as the Upper Trinity Groundwater Conservation
District, in lieu and instead of anticipated action by the Texas
Commission on Environmental Quality to otherwise establish a
conservation and reclamation district within the same or a larger
area."
(e) If a majority of the votes cast at the election are not in
favor of the creation of the district, the temporary directors
may order a subsequent confirmation election to be held in
accordance with this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.024. INITIAL PERMANENT DIRECTORS; INITIAL TERMS. If
creation of the district is confirmed at an election held under
Section 8830.023:
(1) the temporary directors become the initial permanent
directors; and
(2) the two directors appointed from each county shall draw lots
to determine which director serves a term expiring June 1 of the
first odd-numbered year after the confirmation election and which
director serves a term expiring June 1 of the next odd-numbered
year.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8830.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of eight directors appointed as follows:
(1) two directors appointed by the Hood County Commissioners
Court;
(2) two directors appointed by the Montague County Commissioners
Court;
(3) two directors appointed by the Parker County Commissioners
Court; and
(4) two directors appointed by the Wise County Commissioners
Court.
(b) Directors serve staggered four-year terms, with the term of
one director from each of the four counties expiring on June 1 of
each odd-numbered year.
(c) A director may serve multiple consecutive terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.052. DIRECTOR ELIGIBILITY; QUALIFICATION. (a) To be
eligible to serve as a director, a person must be a registered
voter in the appointing county.
(b) Each director must qualify to serve in the manner provided
by Section 36.055, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.053. VACANCIES. If a vacancy occurs on the board, the
remaining directors shall appoint a person to fill the vacancy in
a manner that meets the representational requirements of Section
8830.051.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.054. COMPENSATION; REIMBURSEMENT. (a)
Notwithstanding Sections 36.060(a) and (d), Water Code, a
director may not receive compensation for performing the duties
of director.
(b) A director is entitled to reimbursement of actual expenses
reasonably and necessarily incurred while engaging in activities
on behalf of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8830.101. 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.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.102. CONTRACTS. The district may enter into a
contract with any person, public or private, for any purpose
authorized by law.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.103. APPLICABILITY OF DISTRICT REGULATIONS.
Groundwater regulation under this chapter applies to all persons
except as exempted under Section 36.117, Water Code, or this
chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.104. 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 and notwithstanding
Section 8830.103, 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.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.105. 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, except for a well exempt from permitting
under Subsection (b)(1) of that section, to report groundwater
withdrawals from the well using reasonable and appropriate
reporting methods and frequency.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.106. ENFORCEMENT. (a) The district may enforce this
chapter in the manner provided by Chapter 36, Water Code. In
lieu of a remedy available to the district under Section 36.102,
Water Code, or in addition to those remedies, the district may
impose a fee in addition to a fee assessed under Section 8830.152
on a person producing groundwater in violation of a rule of the
district, including the failure or refusal to comply with any
order or rule of the district to reduce or cease groundwater
usage. The purpose of a fee authorized under this subsection is
to serve as a disincentive to producing groundwater except as
authorized by the district.
(b) A fee imposed under Subsection (a) may not exceed an amount
equal to 10 times the amount of a fee assessed under Section
8830.152.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.107. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8830.151. TAXES PROHIBITED. The district may not impose a
tax. Sections 36.020(a) and 36.201-36.204, Water Code, do not
apply to the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.152. DISTRICT REVENUES. (a) The district by rule,
resolution, or order may establish, amend, pledge, encumber,
expend the proceeds from, and assess to any person 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.
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).
(d) Notwithstanding Section 36.1071(f), Water Code, the district
by rule, resolution, or order before the adoption of its
management plan may:
(1) establish, assess, and enforce the collection of production
fees under this section; and
(2) establish and enforce metering and reporting requirements,
except for a well exempt from permitting under Section
36.117(b)(1), Water Code.
(e) The district by rule may establish a temporary or permanent
discounted fee rate for persons who prepay production fees to the
district under this section on or before the dates established by
district rule.
Added by Acts 2007, 80th Leg., R.S., Ch.
1343, Sec. 1, eff. June 15, 2007.
Sec. 8830.153. EXEMPTION FROM PRODUCTION FEES FOR GROUNDWATER
USED FOR CERTAIN EMERGENCY PURPOSES. (a) In this section,
"involved entity" means:
(1) a fire department or emergency services district that uses
groundwater produced within the boundaries of the district; or
(2) a person that provides groundwater produced within the
boundaries of the district to a fire department or emergency
services district.
(b) Groundwater produced within the boundaries of the district
for use by a fire department or emergency services district
solely for emergency purposes is exempt from the assessment of
any production fees that would otherwise be required under a
district rule, resolution, or order adopted under Section
8830.152.
(c) For purposes of this section, emergency purposes include the
use of groundwater:
(1) to fight fires, manage chemical spills, and otherwise
address emergency public safety or welfare concerns; and
(2) for training exercises conducted in preparation for
responding to fires, chemical spills, and other emergency public
safety or welfare concerns.
(d) The district may adopt rules to implement this section that
require each involved entity to report to the district using
reasonable and appropriate reporting methods established by the
district:
(1) the total quantity of groundwater produced or used, as
applicable, for all purposes by the involved entity during each
month of the reporting period;
(2) the quantity of groundwater produced or used, as applicable,
for emergency purposes during each month of the reporting period;
and
(3) the quantity of groundwater produced or used, as applicable,
for any purpose other than for emergency purposes during each
month of the reporting period.
(e) The production fee exemption provided by Subsection (b) does
not apply to groundwater produced for a purpose other than for
emergency purposes.
Added by Acts 2009, 81st Leg., R.S., Ch.
390, Sec. 1, eff. June 19, 2009.