CHAPTER 8855. PRAIRIELANDS GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8855. PRAIRIELANDS GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8855.001. 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 Prairielands Groundwater Conservation
District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.002. NATURE OF DISTRICT; FINDINGS. (a) The district
is a groundwater conservation district initially composed of
Ellis, Hill, Johnson, and Somervell 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 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.003. DISTRICT TERRITORY. The initial boundaries of
the district are coextensive with the boundaries of Ellis, Hill,
Johnson, and Somervell Counties.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.004. 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 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.005. CONSTRUCTION OF CHAPTER. This chapter shall be
liberally construed to achieve the purposes expressed by this
chapter and Chapter 36, Water Code. A power granted by this
chapter or Chapter 36, Water Code, shall be broadly interpreted
to achieve that intent and those purposes.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. INITIAL ORGANIZATION
Sec. 8855.021. APPOINTMENT OF INITIAL DIRECTORS. (a) The
district is governed by a board of eight initial directors
appointed as provided by Section 8855.051(a).
(b) Initial 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 initial directors have
been appointed, each unfilled initial director position shall be
considered a vacancy and filled by the remaining initial
directors.
(c) Except as provided under Subsection (b) for failure to
appoint an initial director, if a vacancy occurs on the board in
a position for which an initial director has previously been
appointed, the appointing county commissioners court for the
vacant position shall appoint a person to fill the vacancy in a
manner that meets the representational requirements of Section
8855.051.
(d) To be eligible to serve as an initial director, a person
must be a registered voter in the appointing county.
(e) Each initial director must qualify to serve as a director
under Section 36.055, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.022. ORGANIZATIONAL MEETING OF INITIAL DIRECTORS. As
soon as practicable after all the initial directors have
qualified under Section 36.055, Water Code, a majority of the
initial 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 held at a suitable location
on the Hill College campus in Cleburne, Johnson County, Texas.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.023. INITIAL TERMS. (a) The two initial directors
appointed from each county shall draw lots to determine which
director serves an initial term expiring August 31, 2011, and
which director serves an initial term expiring August 31, 2013.
(b) Each successor director shall be appointed and shall serve
in accordance with Subchapter C.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8855.051. GOVERNING BODY; TERMS. (a) Except as provided
by Subchapter D, the district is governed by a board of eight
directors appointed as follows:
(1) two directors appointed by the Ellis County Commissioners
Court;
(2) two directors appointed by the Hill County Commissioners
Court;
(3) two directors appointed by the Johnson County Commissioners
Court; and
(4) two directors appointed by the Somervell County
Commissioners Court.
(b) Directors serve staggered four-year terms, with the term of
one director from each of the four counties expiring on August 31
of each odd-numbered year.
(c) A director may serve multiple consecutive terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.052. 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 under Section 36.055,
Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.053. VACANCIES. If a vacancy occurs on the board, the
appointing county commissioners court for the vacant position
shall appoint a person to fill the vacancy. Section 36.051(c),
Water Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.054. 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 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. DISTRICT EXPANSION
Sec. 8855.071. EXPANSION OF DISTRICT BOUNDARIES. (a) After the
effective date of the Act enacting this chapter, the district
territory described in Section 8855.003 shall be expanded to
include all of the territory in Navarro County, and the governing
board described by Section 8855.051(a) shall be expanded to 10
members and include two directors appointed by the Navarro County
Commissioners Court, if:
(1) pursuant to Chapter 35, Water Code, the Texas Commission on
Environmental Quality designates all or any portion of the
territory in Navarro County as a priority groundwater management
area; and
(2) following the designation described by Subdivision (1), the
commissioners court of Navarro County:
(A) adopts a resolution that states, "By this action of the
Navarro County Commissioners Court, all of the territory in
Navarro County, Texas, shall, as of the date of this resolution,
be included in the boundaries of the Prairielands Groundwater
Conservation District"; and
(B) appoints two directors who are registered to vote in Navarro
County to the board.
(b) A person appointed under this section must qualify to serve
under Section 36.055, Water Code.
(c) At the first regular meeting of the board following the
qualification of both directors, the two directors appointed
under this section shall draw lots to determine which director
serves a term expiring August 31 of the first odd-numbered year
after the directors' appointment, and which director serves a
term expiring August 31 of the next odd-numbered year.
(d) A director appointed under this section shall otherwise
serve in accordance with Subchapter C.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
SUBCHAPTER E. POWERS AND DUTIES
Sec. 8855.101. 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
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution, including Chapter
36, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.102. CONTRACTS. The district may enter into a
contract with any person, public or private, for any purpose
authorized by law.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.103. APPLICABILITY OF DISTRICT REGULATIONS.
Groundwater regulation under this chapter applies to all persons
except as exempted from permitting under Section 36.117, Water
Code, or this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.104. 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 8855.103, the district may require a 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 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.105. 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 Section 36.117(b)(1), to report groundwater withdrawals
from the well using reasonable and appropriate reporting methods
and frequency.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.106. ENFORCEMENT. (a) The district may enforce this
chapter against any person 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 8855.152 on a person producing groundwater in violation
of a district order or rule, including the failure or refusal to
comply with any district order or rule relating to reducing or
ceasing groundwater use. The purpose of a fee authorized by 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
8855.152.
Added by Acts 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 8855.151. 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 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.
Sec. 8855.152. DISTRICT REVENUES. (a) The district by rule,
resolution, or order may establish, amend, pledge, encumber,
spend 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 revenue 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,
except for a well exempt from permitting under Section
36.117(b)(1). 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) of this section.
(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 2009, 81st Leg., R.S., Ch.
1208, Sec. 1, eff. September 1, 2009.