CHAPTER 8856. NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8856. NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT
For contingent expiration of this chapter, see Section 8856.004.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8856.001. 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 North Texas Groundwater Conservation
District.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.002. NATURE OF DISTRICT; FINDINGS. (a) The district
is a groundwater conservation district in Collin, Cooke, and
Denton 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.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.003. PUBLIC HEARING IN EACH COUNTY. (a) Not later
than December 1, 2009, the commissioners court of each county in
the district shall hold a public hearing on the topic of
including the territory of the county in the district.
(b) After the public hearings and not later than December 31,
2009, the commissioners court of each county shall vote to
confirm or reject the county's inclusion in the district. The
commissioners court shall adopt a resolution reflecting the
result of that vote and provide a copy of the resolution to the
temporary directors.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.004. CONFIRMATION REQUIRED. (a) The creation of the
district is confirmed only if the commissioners courts of two or
more of the counties in the district submit a resolution
confirming the county's inclusion in the district to the
temporary board. If the commissioners court of a county does not
submit a resolution confirming the county's inclusion in the
district to the temporary board, that county is not included in
the district. The temporary board shall provide a copy of the
resolutions and the final district boundaries to the Texas
Commission on Environmental Quality.
(b) If the creation of the district is not confirmed as provided
by Subsection (a) before January 1, 2010:
(1) the district is dissolved on January 1, 2010, 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 Collin, Cooke, and Denton
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, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.005. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Collin, Cooke, and Denton Counties.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.006. 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.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.007. 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 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 8856.024.
Sec. 8856.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) The
district is initially governed by a board of nine temporary
directors appointed as provided by Sections 8856.051(b) and (d).
(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 nine 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 8856.023; or
(2) the date this chapter expires under Section 8856.004.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.022. 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 Pilot Point
High School in Denton County.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.023. INITIAL PERMANENT DIRECTORS; INITIAL TERMS. (a)
If the creation of the district is confirmed under Section
8856.004, the temporary directors from the counties that are
included in the district become the initial permanent directors.
(b) If the Commissioners Courts of Collin, Cooke, and Denton
Counties confirm the inclusion of those counties in the district,
the three directors appointed from each county shall draw lots as
follows to determine:
(1) for Denton and Cooke Counties, which director's term expires
June 1, 2011, and which two directors' terms expire June 1, 2013;
and
(2) for Collin County, which two directors' terms expire June 1,
2011, and which director's term expires June 1, 2013.
(c) If the commissioners courts of only two of the counties
confirm the inclusion of those counties in the district, the
three directors appointed from each county shall draw lots as
follows to determine:
(1) for the first county to confirm, which director's term
expires June 1, 2011, and which two directors' terms expire June
1, 2013; and
(2) for the second county to confirm, which two directors' terms
expire June 1, 2011, and which director's term expires June 1,
2013.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8856.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of six or nine directors appointed as
provided by this section.
(b) If the Commissioners Courts of Collin, Cooke, and Denton
Counties confirm the inclusion of those counties in the district,
nine directors shall be appointed as follows:
(1) the Collin County Commissioners Court shall appoint three
directors;
(2) the Cooke County Commissioners Court shall appoint three
directors; and
(3) the Denton County Commissioners Court shall appoint three
directors.
(c) If the commissioners courts of only two of the counties
confirm the inclusion of those counties in the district, the
commissioners court of each of those counties shall appoint three
directors.
(d) The commissioners court of each appointing county shall
appoint two of the three directors from that county as follows:
(1) one director from a slate of not more than three nominees
submitted by the largest municipal groundwater producer in the
county; and
(2) one director from a slate of not more than three nominees
submitted by the other groundwater producers in that county.
(e) Directors serve staggered four-year terms, with the term of
one or two directors from each appointing county expiring on June
1 of each odd-numbered year.
(f) A director may serve multiple consecutive terms.
(g) A position on the board may not be construed to be a civil
office of emolument for any purpose, including a purpose
described by Section 40, Article XVI, Texas Constitution.
(h) A person who qualifies to serve on the board may serve as a
director and participate in all votes relating to the business of
the district regardless of any common law doctrine of
incompatibility. Section 36.051, Water Code, does not apply to
the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.052. 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 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.053. VACANCIES. If a vacancy occurs on the board, the
commissioners court that appointed the director who vacated the
office shall appoint a person to fill the vacancy in a manner
that meets the representational requirements of Section 8856.051.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.054. 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.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.055. BOARD CHAIR. The board shall select one of its
members to serve as the chair for a two-year term. The position
of chair must rotate among the counties in the district every two
years in alphabetical order by county.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8856.101. 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, applicable to groundwater
conservation districts created under Section 59, Article XVI,
Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.102. 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.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.103. APPLICABILITY OF DISTRICT REGULATIONS.
Groundwater regulation under this chapter applies to all persons
except as exempted from the requirement to obtain a permit for a
well under Section 36.117, Water Code, or this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.104. 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 8856.103, 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 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.105. 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 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.106. 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 8856.152
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
8856.152.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.107. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8856.151. 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.
248, Sec. 1, eff. May 27, 2009.
Sec. 8856.152. 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,
except for a well exempted under Subsection (b)(1) of that
section. 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.
(f) The district may not charge an export fee to a producer of
groundwater withdrawn from a well in the district who distributes
the water to any part of the territory under the provider's
certificate of public convenience and necessity even if the
territory is outside the district's boundaries.
Added by Acts 2009, 81st Leg., R.S., Ch.
248, Sec. 1, eff. May 27, 2009.