CHAPTER 8859. RED RIVER GROUNDWATER CONSERVATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8859. RED RIVER GROUNDWATER CONSERVATION DISTRICT
For expiration of this subchapter, see Section 8859.025.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8859.001. 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 Red River Groundwater Conservation
District.
(4) "Water services district" means a district created under the
authority of Section 59, Article XVI, or Section 52, Article III,
Texas Constitution, with the authority to provide retail water
service in the district.
(5) "Water supply corporation" means a water supply corporation
operating under Chapter 67, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.002. NATURE OF DISTRICT; FINDINGS. (a) The district
is a groundwater conservation district in Grayson and Fannin
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.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.003. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Grayson and Fannin Counties.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.004. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION
DISTRICT LAW. (a) Except as otherwise provided by this chapter,
Chapter 36, Water Code, applies to the district.
(b) Subchapter B, Chapter 36, Water Code, does not apply to the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.005. 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.
884, Sec. 1, eff. September 1, 2009.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8859.021. INITIAL DIRECTORS; APPOINTMENT. (a) Not later
than the 30th day after the effective date of the Act creating
this chapter, the persons designated by Sections 8859.053(a)(1),
(2), (3), and (4) to appoint directors shall appoint initial
directors as prescribed by Section 8859.053 and in writing shall
submit the appointed directors' names to the county judge of
Fannin County. The persons responsible for making nominations
for the appointments under Sections 8859.053(a)(2) and (3) shall
submit initial director nominations to the commissioners court of
Fannin County not later than the 20th day after the effective
date of the Act enacting this chapter.
(b) Not later than the 30th day after the effective date of the
Act creating this chapter, the county judge of Fannin County
shall set the date, time, and location for a meeting of the
representatives designated under Subsection (d) for the
appointment of initial directors by the entities that Sections
8859.053(a)(5) and (6) authorize to appoint directors.
(c) The county judge of Fannin County shall give notice of the
meeting required by Subsection (b) not later than the 20th day
before the date of the meeting by:
(1) providing a notice to the county clerk of Fannin County for
public posting; and
(2) mailing a notice to the commissioners court of Grayson
County.
(d) The governing body of each entity described by Sections
8859.053(a)(5) and (6) shall designate a representative to attend
the meeting described by Subsection (b) and to cast the vote on
behalf of the entity. Failure of a governing body to designate a
representative or of a representative to cast a vote does not
invalidate the appointment of the initial directors.
(e) The county judge of Fannin County shall preside at the
meeting described in Subsection (b) and may require
representatives described by Subsection (d) to provide evidence
demonstrating representation of an appropriate entity and
qualification under Section 8859.053(f). The county judge of
Fannin County in writing shall certify to the board and to the
executive director of the Texas Commission on Environmental
Quality the results of the meeting described in Subsection (b),
including:
(1) the identity of each representative described by Subsection
(d) who attended the meeting; and
(2) the names and terms of each initial director appointed.
(f) If the county judge of Fannin County does not perform any
duty established by this section before the 90th day after the
effective date of the Act creating this chapter, the executive
director of the Texas Commission on Environmental Quality shall
perform that duty as soon as practicable after that date.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.022. INITIAL DIRECTORS; TERMS OF OFFICE. (a) The
following initial directors shall serve from the date of
appointment until August 31, 2011:
(1) the initial director appointed by the commissioners court of
Fannin County under Section 8859.053(a)(1);
(2) one initial director appointed by the governing body of the
municipality under Section 8859.053(a)(4); and
(3) the initial director appointed by the governing bodies of
the municipalities under Section 8859.053(a)(5).
(b) The following initial directors shall serve from the date of
appointment until August 31, 2013:
(1) the two initial directors appointed by the commissioners
court of Fannin County under Sections 8859.053(a)(2) and (3);
(2) one initial director appointed by the governing body of the
municipality described by Section 8859.053(a)(4); and
(3) the initial director appointed by the governing boards
described by Section 8859.053(a)(6).
(c) The governing body of the municipality that appoints initial
directors under Section 8859.053(a)(4) shall indicate in the
submission for each appointment the length of the term for the
appointment as described by Subsection (b).
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.023. INITIAL DIRECTORS; QUALIFICATIONS. (a) To be
eligible to serve as an initial director:
(1) a person appointed under Section 8859.053(a)(1), (2), or (3)
must be a registered voter of Fannin County; and
(2) a person appointed under Section 8859.053(a)(4), (5), or (6)
must be a registered voter of Grayson County.
(b) Each initial director must qualify to serve as a director in
the manner provided by Section 36.055, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.024. ORGANIZATIONAL MEETING OF INITIAL DIRECTORS. (a)
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 the Grayson County courthouse or at another location
in the district agreeable to a majority of the initial directors.
(b) The initial directors shall elect officers of the initial
board in accordance with Section 36.054(b), Water Code, at its
organizational meeting.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires December 31, 2013.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8859.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven directors appointed as provided by
this section.
(b) Directors serve staggered four-year terms, with the terms of
three or four directors from each appointing county expiring on
August 31 of each odd-numbered year.
(c) A director serves until the director's successor has
qualified to serve.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.052. DIRECTOR ELIGIBILITY; QUALIFICATION. (a) To be
eligible to serve as a director:
(1) a person appointed under Section 8859.053(a)(1), (2), or (3)
must be a registered voter of Fannin County; and
(2) a person appointed under Section 8859.053(a)(4), (5), or (6)
must be a registered voter of Grayson County.
(b) Each director must qualify to serve in the manner provided
by Section 36.055, Water Code.
(c) A person who qualifies as a director may participate in all
votes relating to the business of the district, regardless of any
common law doctrine or statutory prohibition related to conflicts
of interest or incompatibility.
(d) Section 36.058, Water Code, does not apply to a director.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.053. APPOINTMENT OF DIRECTORS. (a) The board
consists of seven directors as follows:
(1) one director appointed by the commissioners court of Fannin
County at the discretion of the commissioners court;
(2) one director appointed by the commissioners court of Fannin
County selected from a list of nominees submitted to the
commissioners court by the governing bodies of the municipalities
in Fannin County;
(3) one director appointed by the commissioners court of Fannin
County selected from a list of nominees submitted to the
commissioners court by the water services districts and water
supply corporations that provide retail water service to
customers in Fannin County, subject to the limitation provided by
Subsection (f);
(4) two directors appointed by the governing body of the
municipality in Grayson County that has the largest annual
production of groundwater by volume for the four years preceding
the appointment;
(5) one director appointed jointly by the governing bodies of
the municipalities in Grayson County other than the municipality
described by Subdivision (4); and
(6) one director appointed jointly by the governing boards of
all water services districts and water supply corporations that
provide retail water service to customers in Grayson County,
subject to the limitation provided by Subsection (f).
(b) Directors must be appointed not later than the second Monday
in August of each odd-numbered year.
(c) Not later than the 60th day before the second Monday in
August of each odd-numbered year, the district shall mail written
notice to each entity authorized to make an appointment under
Subsection (a).
(d) The board by rule shall adopt a procedure for the written
submission of appointments to the district.
(e) An entity that Subsection (a)(2) or (3) authorizes to
nominate persons for director shall submit a list of nominees not
later than the 30th day before the date the appointment is to be
made under this section. If an entity designated by Subsection
(a)(2) or (3) does not submit the list before that date, the
commissioners court of Fannin County may appoint a director to
the position for which the list was not received at the
discretion of the commissioners court.
(f) A water services district or water supply corporation in
Grayson and Fannin Counties may not participate in the
appointment of a director unless that district or corporation
used groundwater produced from wells located within the district
to provide retail water service in the district during the
calendar year of the appointment or the calendar year preceding
the appointment. The board may require evidence of eligibility
to participate.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.054. VACANCIES. If a vacancy occurs on the board, the
entity that appointed the director who vacated the office shall
appoint a person to fill the vacancy for the unexpired term in
the manner provided for the vacant position by Section 8859.053.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.055. 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.
(c) A position on the board is not a civil office of emolument
for any purpose, including a purpose described in Section 40,
Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.056. QUORUM; CONCURRENCE FOR TRANSACTING BUSINESS.
(a) A majority of the board membership constitutes a quorum for
any meeting and a concurrence of a majority of the board shall be
sufficient to transact district business, except as provided by
Subsection (b).
(b) A concurrence of not fewer than six directors is required
for transacting the following district business:
(1) establishing or amending a groundwater production fee
assessed by the district based on the amount of groundwater
authorized by permit to be withdrawn from a well or on the amount
of water actually withdrawn from a well;
(2) adopting the annual budget of the district; and
(3) except as provided by Subsection (c), granting or denying a
permit or permit amendment for a well that is intended to produce
water within the district which will be transported in any amount
for use outside the boundaries of the district.
(c) A concurrence of a majority of the board is sufficient to
grant or deny a permit or permit amendment submitted by a retail
public utility that provides retail water service in the district
and intends to:
(1) produce water from a well located:
(A) within the district; and
(B) inside the boundaries or a certificated service area of a
retail public utility; and
(2) transport the water outside the district, so long as the
water is used within the same certificated service area or
boundary of the retail public utility.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.057. DECENNIAL REVIEW OF DISTRICT REPRESENTATION. (a)
Not later than January 1, 2019, and every 10 years following
that date, the board shall complete a review of the adequacy of
representation of water users on the board based on groundwater
production and use within the district.
(b) Not later than the 20th day following the date the review is
complete, the board shall submit the review described in
Subsection (a) and any recommendation the board may have relating
to the reapportionment of directors or the representational
structure of the board to each member of the house of
representatives and each member of the senate whose state
legislative district includes territory in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8859.101. 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.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.102. 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.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.103. APPLICABILITY OF DISTRICT RULES REGULATING
GROUNDWATER. District rules regulating groundwater adopted under
this chapter apply to all persons except as exempted under
Section 36.117, Water Code, or this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.104. 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 by rule may provide 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 8859.103, 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.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.105. 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.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.106. 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 8859.152
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
8859.152.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8859.151. TAXES PROHIBITED. The district may not impose a
tax. Sections 36.201-36.204, Water Code, do not apply to the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.
Sec. 8859.152. 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, 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 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 assess a fee for transporting water
that is produced from a well located inside the district and
inside a certificated service area of a retail public utility and
transported outside of the district, if the water is used in the
same certificated service area of the retail public utility.
Added by Acts 2009, 81st Leg., R.S., Ch.
884, Sec. 1, eff. September 1, 2009.