CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8849.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lost Pines 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. 8849.002. NATURE OF DISTRICT. The district is a
groundwater conservation district 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. 8849.003. 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. 8849.004. DISTRICT TERRITORY. The district's boundaries
are coextensive with the boundaries of Bastrop and Lee 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. 8849.051. COMPOSITION OF BOARD; TERMS. (a) The district
is governed by a board of 10 directors.
(b) Directors serve staggered four-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. 8849.052. APPOINTMENT OF DIRECTORS. (a) Five directors
are appointed from Bastrop County by the county judge of Bastrop
County and five directors are appointed from Lee County by the
county judge of Lee County.
(b) Every two years after the initial appointment of directors,
the appropriate number of directors shall be appointed.
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. 8849.053. BOARD VACANCY. If a vacancy occurs on the board,
the board may 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. 8849.054. EXPENSES. A director is entitled to
reimbursement for actual reasonable expenses incurred in
performing duties as a director.
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. 8849.101. 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. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM
REGULATION. The district may adopt a rule exempting a well that
is not capable of producing more than 50,000 gallons of
groundwater a day from a permit requirement, a fee, or a
restriction on production.
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. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD
COMMISSION. (a) In this section:
(1) "Public utility" means any person, corporation, public
utility, water supply or sewer service corporation, municipality,
political subdivision, or agency operating, maintaining, or
controlling facilities in this state for providing potable water
service for compensation.
(2) "Railroad commission" means the Railroad Commission of
Texas.
(b) A groundwater well drilled or operated in the district under
a permit issued by the railroad commission is under the exclusive
jurisdiction of the railroad commission and is exempt from
regulation by the district.
(c) Groundwater produced in an amount authorized by a railroad
commission permit may be used in or exported from the district
without a permit from the district.
(d) To the extent groundwater production exceeds railroad
commission authorization, the holder of the railroad commission
permit:
(1) shall apply to the district for the appropriate permit for
the excess production; and
(2) is subject to the applicable regulatory fees.
(e) Groundwater produced from a well under the jurisdiction of
the railroad commission is generally exempt from water district
fees. However, the district may impose a pumping fee or an
export fee on groundwater produced from an otherwise exempt mine
well that is used for municipal purposes or by a public utility.
A fee imposed by the district under this subsection may not
exceed the fee imposed on other groundwater producers in 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. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX COORDINATING
COUNCIL. The district is a member of the Central Carrizo-Wilcox
Coordinating Council.
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. 8849.105. MANAGEMENT PLAN. The district shall develop or
contract to develop a district management plan under Section
36.1071, Water Code, and submit the plan to the Central
Carrizo-Wilcox Coordinating Council to be included in the
management plan developed by the council.
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. 8849.106. REGIONAL COOPERATION. The district shall:
(1) adopt a management plan detailing proposed efforts of the
district to cooperate with other groundwater conservation
districts;
(2) participate as needed in coordination meetings with adjacent
groundwater conservation districts that share one or more
aquifers with the district;
(3) coordinate the collection of data with adjacent groundwater
conservation districts in such a way as to achieve relative
uniformity of data type and quality;
(4) provide groundwater level information to adjacent
groundwater conservation districts;
(5) investigate any groundwater pollution to identify the
pollution's source;
(6) notify adjacent groundwater conservation districts and all
appropriate agencies of any groundwater pollution detected and
the source of the pollution identified;
(7) provide to adjacent groundwater conservation districts
annually an inventory of water wells in the district and an
estimate of groundwater production in the district; and
(8) include adjacent groundwater conservation districts on
mailing lists for district newsletters and information regarding
seminars, public education events, news articles, and field days.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8849.151. PUMPING FEES. (a) The district may assess
regulatory pumping fees for water produced in or exported from
the district.
(b) The regulatory pumping fees the district assesses for water
for crop or livestock production or other agricultural uses may
not exceed 20 percent of the rate applied to water for municipal
uses.
(c) Regulatory pumping fees based on the amount of water
withdrawn from a well may not exceed:
(1) $1 for each acre-foot for water used to irrigate
agricultural crops; or
(2) 17 cents for each thousand gallons for water used for any
other purpose.
(d) Combined regulatory pumping fees for production and export
of water may not 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. 8849.152. TAXES PROHIBITED. The district may not impose a
tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.05, eff. April 1, 2011.