reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.119. Regulation of Spacing and Groundwater Withdrawal

Sec. 8801.119.  REGULATION OF SPACING AND GROUNDWATER WITHDRAWAL.  (a)  To minimize as far as practicable the drawdown of the water table and the reduction of artesian pressure and to control and prevent subsidence, the board may provide for the spacing of wells in the district and may regulate groundwater withdrawal from wells, taking into consideration the economic impact on well owners, the resulting effect on subsidence, and other relevant factors.
(b)  Before issuing an order or rule under this section, the board shall set a hearing on the proposed order or rule.
(c)  The district may adopt different rules for:
(1)  each aquifer, subdivision of an aquifer, or geologic stratum located wholly or partly within the boundaries of the district; or
(2)  each geographic area overlying an aquifer or subdivision of an aquifer located wholly or partly within the boundaries of the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 13, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.120. Water-Metering Devices

Sec. 8801.120.  WATER-METERING DEVICES.  The board may require water-metering devices to be placed on wells in the district and may adopt standards for the accuracy, testing, and calibration of the devices.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 14, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.121. Required Written Policies

Sec. 8801.121.  REQUIRED WRITTEN POLICIES.  The board shall adopt the following written policies:
(1)  a code of ethics for district directors, officers, and employees, and persons who are engaged in handling investments for the district;
(2)  a policy relating to travel expenditures;
(3)  a policy relating to district investments;
(4)  policies and procedures for selection, monitoring, or review and evaluation of professional services; and
(5)  policies that ensure a better use of management information, including the use of:
(A)  budgets to plan and control cost; and
(B)  uniform reporting requirements based on "Audits of State and Local Governmental Units," published by the American Institute of Certified Public Accountants, and "Governmental Accounting and Financial Reporting Standards," published by the Governmental Accounting Standards Board.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 14, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.122. Records

Sec. 8801.122.  RECORDS.  The board shall maintain a complete account of all meetings and proceedings and shall preserve its minutes, contracts, records, notices, accounts, receipts, and other records in a safe place.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 14, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter C. Powers and Duties › Section 8801.123. Open or Uncovered Wells

Sec. 8801.123.  OPEN OR UNCOVERED WELLS.  (a)  The district may require the owner or lessee of land on which an open or uncovered well is located to keep the well closed or capped with a covering capable of sustaining weight of at least 400 pounds when the well is not in actual use.
(b)  If the owner or lessee fails or refuses to close or cap the well, any person, firm, or corporation employed by the district may enter onto the land and close or cap the well safely and securely.
Added by Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 14, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.151. Groundwater Withdrawals Subject to Board Rule

Sec. 8801.151.  GROUNDWATER WITHDRAWALS SUBJECT TO BOARD RULE.  (a)  Groundwater withdrawals governed by this chapter, including withdrawals of injected water, are subject to reasonable board rules and orders, taking into account all factors, including availability of surface water or alternative water supplies, economic impact on persons and the community, degree and effect of subsidence on the surface of land, and differing topographical and geophysical characteristics of land areas in the district.
(b)  The board may issue permits to drill new wells and may, by rule, provide exemptions from the permit requirements.  The district shall grant a permit to drill and operate a new well inside a platted subdivision if water service from a local retail public utility is not available to the lot where the well is to be located.
(c)  In this section, "retail public utility" has the meaning assigned by Section 13.002, Water Code.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 15, eff. May 27, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 6, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.152. Certain Groundwater Uses Exempt

Sec. 8801.152.  CERTAIN GROUNDWATER USES EXEMPT.  The permit requirements of this chapter do not apply to:
(1)  a well regulated under Chapter 27, Water Code;
(2)  a well with a casing diameter of less than five inches that serves only a single-family dwelling; and
(3)  any other well as provided by board rule.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 15, eff. May 27, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 7, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.154. Well Registration

Sec. 8801.154.  WELL REGISTRATION.  The board by rule may require the registration of any well in the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.155. Permit Required

Sec. 8801.155.  PERMIT REQUIRED.  (a)  A well owner must obtain a permit from the board before:
(1)  drilling, equipping, or completing the well;
(2)  substantially altering the size of the well or a well pump; or
(3)  operating the well.
(b)  A well must have a valid permit if it is operational.
(c)  A well owner commits a violation if the well owner does not obtain a permit as required by Subsection (a).  A violation occurs on the first day the drilling, alteration, or operation begins.  Each day that a violation continues is a separate violation.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 15, eff. May 27, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 8, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.156. Application for Permit

Sec. 8801.156.  APPLICATION FOR PERMIT.  (a)  A person must submit an application to the board to obtain a permit under this chapter.
(b)  The application must state:
(1)  the name and address of the person requesting the permit;
(2)  the location and wellhead elevation of the well or proposed well;
(3)  the amount of water being withdrawn or proposed to be withdrawn;  and
(4)  any other information necessary for the board to control and prevent subsidence in the district.
(c)  The board shall set a reasonable fee for processing an application.  The application must be accompanied by the fee.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.157. Notice and Hearing on Permit

Sec. 8801.157.  NOTICE AND HEARING ON PERMIT.  (a)  On receiving an application for a permit, the board shall issue notice and set a time for a hearing on the application.
(b)  The board must give written notice of the date, time, and location of the hearing to the applicant by regular mail or by certified mail, return receipt requested.
(c)  The board may consider as many applications for permits as necessary at a hearing.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 16, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.158. Issuance of Permit

Sec. 8801.158.  ISSUANCE OF PERMIT.  (a) Within a reasonable period after a permit hearing under Section 8801.157, but not later than the 60th day after the date of the hearing, the board shall:
(1)  decide whether to issue the permit;  and
(2)  set the terms of the permit if it decides to issue the permit.
(b)  In deciding whether to issue a permit and in setting the terms of the permit, the board shall consider:
(1)  the purpose of this chapter;
(2)  the district plan;
(3)  the quality, quantity, and availability of surface water or alternative water supplies at prices that are competitive with prices charged by suppliers of surface water in the district;
(4)  the economic impact on the applicant of a decision to issue or deny the permit, or of the permit terms, in relation to the effect on subsidence that would result;
(5)  the applicant's use of water conservation measures;
(6)  the applicant's compliance with the requirements of this chapter or any rule, permit, or order of the district; and
(7)  all other relevant factors.
(c)  The board shall issue a permit to an applicant if, on presentation of adequate proof, the board finds that:
(1)  there is no other adequate and available substitute or supplemental source of alternative water supplies at prices competitive with the prices charged by suppliers of alternative water supplies in the district; and
(2)  compliance with any provision of this chapter or any district rule will result in an arbitrary taking of property or in the practical closing and elimination of a lawful business, occupation, or activity without sufficient corresponding benefit or advantage to the public.
(d)  The permit must state the terms prescribed by the board.  The permit must include:
(1)  the name and address of the person to whom the permit is issued;
(2)  the location of the well;
(3)  the date the permit expires;
(4)  conditions and restrictions placed on groundwater withdrawal;  and
(5)  other terms necessary to control and prevent subsidence.
(e)  The board may condition issuance of a permit under this section on the resolution of a prior or continuing violation of this chapter or any rule, permit, or order of the district.  The board may require an applicant to pay a civil penalty or settlement amount, or take other necessary action, to resolve a prior or continuing violation.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 17, eff. May 27, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 9, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.159. Term of Permit

Sec. 8801.159.  TERM OF PERMIT.  (a)  A permit issued under this chapter may be for a term not to exceed five years as set by the board.
(b)  A permit does not become a vested right of the permit holder.  The board may revoke or suspend a permit or amend its terms after notice and hearing when reasonably necessary to accomplish the purpose of this chapter.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.160. Renewal of Permit

Sec. 8801.160.  RENEWAL OF PERMIT.  The board may renew a permit for a well in the manner provided for obtaining the original permit.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.161. Permit Fees

Sec. 8801.161.  PERMIT FEES.  (a)  When the board issues or renews a permit, the board shall collect a permit fee from the applicant.  The fee shall be determined by a schedule based on the term of the permit and the maximum amount of groundwater that the board authorizes to be withdrawn from the well.
(a-1)  In addition to a regular permit fee under Subsection (a), the board may establish a disincentive permit fee to serve as a regulatory tool by creating a disincentive to continued over-reliance on groundwater.
(b)  The board shall determine the amount of the permit fees under Subsections (a) and (a-1) after a hearing.
(b-1)  The fee under Subsection (a) may not exceed 110 percent of the highest rate that the City of Houston charges for water supplied to its customers in the district.
(c)  The amount of a permit fee applicable to a well used for irrigating agricultural crops may not exceed  70 percent of the lowest amount determined under Subsection (b).
(d)  The district may establish a fee for administrative acts of the district, including receiving applications for permits or permit amendments.
(e)  The board shall use permit fees collected under this section to pay the cost of issuing permits and performing other regulatory functions, including making grants, loans, or contractual payments to achieve, facilitate, or expedite reductions in groundwater pumping or the development or distribution of alternative water supplies.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 18, eff. May 27, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 10, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.162. Annual Report

Sec. 8801.162.  ANNUAL REPORT.  (a)  Before January 31 each year, a well owner who is required to hold a permit under this chapter shall submit to the board a report stating:
(1)  the well owner's name;
(2)  the total amount of groundwater withdrawn from the well during the preceding calendar year;
(3)  the total amount of groundwater withdrawn from the well during each month of the preceding calendar year;
(4)  the purpose for which the groundwater was used; and
(5)  any other information the board considers necessary.
(b)  For the purposes of this section, a well owner whose well is aggregated with other wells permitted and managed by a regional water supplier is required to file the report with the regional water supplier instead of the district.  Regional water suppliers are required to annually submit to the board the report required in Subsection (a) for all wells owned, managed, or permitted by that supplier no later than March 31.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 11, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter D. Regulatory Provisions › Section 8801.163. Conversion to Alternative Water Supply

Sec. 8801.163.  CONVERSION TO ALTERNATIVE WATER SUPPLY.  (a)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1187, Sec. 12, eff. June 14, 2013.
(b)  The board may issue an order requiring a person to completely or partially discontinue the use of groundwater only if the person is able to:
(1)  acquire an alternative water supply needed to replace the water supply covered by the order; or
(2)  participate in a groundwater reduction plan or other agreement approved by the board that complies with the district's regulatory requirements.
(c)  A notice of public hearing must inform a person when the board will consider an order to convert to an alternative water supply.
(d)  Repealed by Acts 2005, 79th Leg., Ch. 238, Sec. 51, eff. May 27, 2005.
(e)  This section does not limit the board's authority to issue an order or adopt a rule requiring a person to reduce groundwater use by eliminating waste or implementing water conservation.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 19, eff. May 27, 2005.
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 20, eff. May 27, 2005.
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 51, eff. May 27, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 12, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter E. Appeal and Enforcement Provisions › Section 8801.201. Appeal of Surface Water Rates

Sec. 8801.201.  APPEAL OF SURFACE WATER RATES.  (a)  A person who is required to convert to surface water under this chapter and who purchases that water supply wholesale from a political subdivision as defined by Section 12.013(b), Water Code, may appeal to the Public Utility Commission of Texas the rates the political subdivision charges to the person.  Chapter 12, Water Code, and rules adopted under that chapter apply to an appeal under this section.
(b)  The Public Utility Commission of Texas shall hear the appeal not later than the 180th day after the date the appeal is filed.
(c)  The Public Utility Commission of Texas shall issue a final decision on the appeal not later than the 60th day after the date the hearing ends.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.93, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 93, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter E. Appeal and Enforcement Provisions › Section 8801.202. Appeal of District Actions

Sec. 8801.202.  APPEAL OF DISTRICT ACTIONS.  (a)  A person who is adversely affected by a rule, order, or other official action of the district under this chapter, including a person residing in or owning real property in the district whose residence or real property is subsiding, may appeal the action in a district court in any county in the district only after any administrative appeal to the district is finally resolved.  An appeal under this section must be filed not later than the 45th day after the date any administrative appeal is finally resolved.
(b)  On a written request from a person residing in or owning real property in the district, the board shall make written findings and conclusions regarding a rule, order, or other official action of the district.  The board shall provide certified copies of those findings and conclusions to the person not later than the 35th day after the date the board receives the request.
(c)  An appeal under this section is governed by the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code.  The burden of proof is on the petitioner, and the challenged rule, order, or other official action of the district is considered prima facie valid.
(d)  The district court shall set for trial as expeditiously as possible an appeal brought under this section and may not postpone or continue the suit unless the reasons for postponement or continuance are imperative.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 21, eff. May 27, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8801 - Harris-Galveston Subsidence District › Subchapter E. Appeal and Enforcement Provisions › Section 8801.204. Injunctive Relief; Civil Penalty

Sec. 8801.204.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  If it appears that a person has violated or is violating or threatening to violate this chapter or a rule, permit, or other order of the district issued or adopted under this chapter, the district may institute an action in a district court in the district for:
(1)  injunctive relief to restrain the person from continuing the violation or threat of violation;
(2)  the assessment and recovery of a civil penalty of:
(A)  not less than $50 and not more than $5,000 for each violation and for each day of a continuing violation, if the person is not a political subdivision or an agency of a political subdivision; or
(B)  if the person is a political subdivision or an agency of a political subdivision, an amount equal to the greater of:
(i)  120 percent of the sum of the fees assessed against the person and the amount the person would have paid to an alternative water supplier; or
(ii)  $5,000 for each violation and for each day of a continuing violation; or
(3)  both injunctive relief and civil penalties.
(b)  On application for injunctive relief and a finding that a person is violating or threatening to violate this chapter or a rule, permit, or other order of the district issued or adopted under this chapter, the district court shall grant injunctive relief as the facts warrant.
(c)  At the request of the board, or the general manager if authorized by the board, the attorney general shall institute and conduct an action against any person in the name of the district for injunctive relief or to recover a civil penalty, or both.
(d)  The district is not required to post a bond or other security with the court.
(e)  In a suit to recover a civil penalty or a suit for injunctive relief and a civil penalty, if the court finds that a person has violated or is violating a provision of this chapter or a rule, permit, or order of the district, the court shall assess a civil penalty in the amount provided by this section.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 22, eff. May 27, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1249 (S.B. 2543), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter A. General Provisions › Section 8802.001. Definitions

Sec. 8802.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "District" means the Barton Springs-Edwards Aquifer Conservation District.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter A. General Provisions › Section 8802.002. Legislative Findings

Sec. 8802.002.  LEGISLATIVE FINDINGS.  The legislature finds that the creation of the district:
(1)  is feasible and practicable;
(2)  will be a benefit to land in the district; and
(3)  will be a public benefit and utility.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter A. General Provisions › Section 8802.003. District Territory

Sec. 8802.003.  DISTRICT TERRITORY.  The district is composed of the territory described by the Texas Water Commission's August 15, 1986, order, as that territory may have been modified under:
(1)  Subchapter J, Chapter 36, Water Code; or
(2)  other law.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter A. General Provisions › Section 8802.0035. Shared Territory; Jurisdiction

Sec. 8802.0035.  SHARED TERRITORY; JURISDICTION. (a) The territory of the district includes any territory that is:
(1)  inside the boundaries of:
(A)  the Edwards Aquifer Authority; and
(B)  Hays County; and
(2)  not within the boundaries of the Plum Creek Conservation District as those boundaries existed on February 1, 2015.
(b)  The Edwards Aquifer Authority has jurisdiction over any well that is drilled to produce water from the Edwards Aquifer in the shared territory described by Subsection (a).
(c)  The district has jurisdiction over groundwater and any well that is drilled to produce water from any aquifer other than the Edwards Aquifer in the shared territory described by Subsection (a).
(d)  Except for the district and the Edwards Aquifer Authority, no district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, has authority in the shared territory described by Subsection (a) to regulate the spacing of water wells or the production from water wells.
(e)  The district has jurisdiction over any well that is drilled to produce water from the Edwards Aquifer or any other aquifer in the territory described by Section 8802.003.
(f)  The district's jurisdiction over any well that is drilled to produce water in the territory described in Section 8802.003, including a well that is used to recover water that has been injected as part of an aquifer storage and recovery project, applies to all wells for which the district has jurisdiction in the shared territory described by this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 975 (H.B. 3405), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter A. General Provisions › Section 8802.004. Effect on Certain Litigation

Sec. 8802.004.  EFFECT ON CERTAIN LITIGATION.  This chapter does not adversely affect the rights of any parties involved in litigation on or before February 1, 1987, with the Texas Water Commission or the petitioners for the creation of the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter B. Board of Directors › Section 8802.051. Directors; Terms

Sec. 8802.051.  DIRECTORS; TERMS.  (a)  The district is governed by a board of five directors who serve staggered four-year terms.
(b)  At least two directors must be elected by voters residing in the city of Austin.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter B. Board of Directors › Section 8802.052. Election Date

Sec. 8802.052.  ELECTION DATE.  An election shall be held to elect the appropriate number of directors on the spring uniform election date each even-numbered year.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter B. Board of Directors › Section 8802.053. Single-Member Districts

Sec. 8802.053.  SINGLE-MEMBER DISTRICTS.  (a)  The district is divided into five numbered, single-member districts for electing directors.
(b)  The board may revise the single-member districts as necessary or appropriate.
(c)  As soon as practicable after the publication of each federal decennial census, the board shall revise the single-member districts as the board considers appropriate to reflect population changes.  When the board revises the single-member districts under this subsection, the board shall place two of the districts:
(1)  entirely within the boundaries of the city of Austin, as those boundaries exist at that time; or
(2)  within the boundaries of the city of Austin, as those boundaries exist at that time, but also including unincorporated areas or other municipalities that are surrounded wholly or partly by the boundaries of the city of Austin if the areas or municipalities are noncontiguous to the territory of any other single-member district.
(d)  Changes in the boundaries of the city of Austin between revisions of the single-member districts under Subsection (c) do not affect the boundaries of the single-member districts.
(e)  When the boundaries of the single-member districts are changed, a director in office on the effective date of the change, or elected or appointed before the effective date of the change to a term of office beginning on or after the effective date of the change, is entitled to serve the term or the remainder of the term in the single-member district to which elected or appointed even though the change in boundaries places the person's residence outside the single-member district for which the person was elected or appointed.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.101. General Powers and Duties

Sec. 8802.101.  GENERAL POWERS AND DUTIES.  Except as otherwise provided by this chapter, the district has the powers and duties provided by Chapter 36, Water Code, for groundwater conservation districts.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.102. Rules Regulating Zoning and Subdivision of Land Prohibited

Sec. 8802.102.  RULES REGULATING ZONING AND SUBDIVISION OF LAND PROHIBITED.  The district may not adopt rules regulating zoning or the subdivision of land.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.103. Imposition of Taxes

Sec. 8802.103.  IMPOSITION OF TAXES.  (a)  The district may impose an ad valorem tax as provided by Subchapter G, Chapter 36, Water Code, only if:
(1)  the user fee authorized by this subchapter is held unconstitutional by the Texas Supreme Court; and
(2)  a majority of the voters approve the tax at an election held in the district.
(b)  The district may impose the ad valorem tax at a rate not to exceed three cents on each $100 of appraised value.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.104. User Fees

Sec. 8802.104.  USER FEES.  (a)  The board by rule may impose reasonable fees on each well for which the district issues a permit and which is not exempt from regulation by the district.
(b)  The board may assess the fees on an annual basis according to:
(1)  the size of column pipe used in the well;
(2)  the production capacity of the well; or
(3)  the actual, authorized, or anticipated pumpage of the well.
(c)  The board may use fees as both a regulatory mechanism and a revenue-producing mechanism.
(d)  The board shall adopt rules relating to:
(1)  the rates of fees;
(2)  the manner and form for filing reports of fees; and
(3)  the manner of collecting fees.
(e)  The district may use money collected from fees to:
(1)  manage and operate the district; and
(2)  pay all or part of the principal of and interest on district bonds or notes.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.105. Certain Water Use Fees Permitted

Sec. 8802.105.  CERTAIN WATER USE FEES PERMITTED.  (a)   Each year the board may assess against the City of Austin a water use fee in an amount not to exceed 60 percent of the total funding the district expects to receive for the next fiscal year from water use fees assessed against Austin and other nonexempt users in that year, subject to the computation under Subsection (b).
(b)  For purposes of computing water use fees under this section, the district shall estimate the amount of permitted pumpage for the next fiscal year by considering various factors including historical growth rates, future growth rates, the amount of permitted pumpage, historical permitted pumpage, and any pending applications for permitted pumpage.  The district shall use the estimated amount of permitted pumpage and its water use fee rate to compute the water use fee to be assessed against the City of Austin for the district's next fiscal year.  The district shall compute the water use fee assessed against the City of Austin at a rate of 17 cents per thousand gallons for the total amount of water permitted for any nonagricultural purpose, regardless of the rate actually imposed on or remitted by the permittee.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1405 (S.B. 747), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.106. Production Capacity of Certain Exempt Wells

Sec. 8802.106.  PRODUCTION CAPACITY OF CERTAIN EXEMPT WELLS.  Notwithstanding the 25,000-gallon production capacity restriction provided by Section 36.117(b)(1), Water Code, a well in the district is exempt under Section 36.117, Water Code, only if the production capacity of the well is 10,000 gallons per day or less.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.107. Enforcement

Sec. 8802.107.  ENFORCEMENT.  (a)  If it appears that a person has violated, is violating, or is threatening to violate Chapter 36, Water Code, or a district permit, rule, or order, the district may file a civil suit in a district court of the county in which the violation occurs to obtain:
(1)  injunctive relief to restrain the person from continuing the violation;
(2)  a civil penalty of not less than $50 or more than $1,000 for each violation and for each day of violation; or
(3)  both injunctive relief and a civil penalty.
(b)  On application for injunctive relief under Subsection (a)(1) and a finding that a person is violating or threatening to violate this chapter or a district permit, rule, or order, the district court shall grant injunctive relief as the facts may warrant.
(c)  Any legal action initiated under this section to obtain penalties must be authorized by a resolution of the board or by the district's general manager, if authorized by the board.
(d)  In a civil suit filed under this section, the district:
(1)  is not required to post bond or other security; and
(2)  may recover reasonable attorney's fees and expert witness's fees.
(e)  The remedies provided by this section are in addition to any remedies provided by other law.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.108. Borrowing Money

Sec. 8802.108.  BORROWING MONEY.  (a)  The district may borrow money as provided by Sections 49.152-49.154, Water Code.
(b)  The district may not borrow money for a period of more than one year.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.109. Restrictions on Production During Drought

Sec. 8802.109.  RESTRICTIONS ON PRODUCTION DURING DROUGHT.  (a)  During a period declared by the district to be a drought and only as specified in the district's approved management plan, the district may restrict or prohibit groundwater production as provided by this section.
(b)  The district may restrict groundwater production on an equivalent, pro-rata basis for permits first issued on or before September 9, 2004, including permits renewed after September 1, 2007.
(c)  The district, to protect the conditions of the aquifer, may restrict or prohibit groundwater production:
(1)  for permits first issued after September 9, 2004; and
(2)  for permits first issued on or before September 9, 2004, and amended after September 9, 2004, for any additional amount of water authorized by the amendment.
Added by Acts 2007, 80th Leg., R.S., Ch. 1405 (S.B. 747), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter C. Powers and Duties › Section 8802.110. Restrictions on Production During Extreme Drought

Sec. 8802.110.  RESTRICTIONS ON PRODUCTION DURING EXTREME DROUGHT.  (a)  During a period declared by the district to be an extreme drought, to maintain groundwater production necessary to sustain human consumption and protect the public's health, safety, and welfare, the district, as provided by this section, may impose greater restrictions on groundwater production for industrial, commercial, or nonagricultural irrigation permits than the district imposes on permits for other uses.
(b)  For an industrial, commercial, or nonagricultural irrigation permit first issued on or before September 9, 2004, the district may restrict withdrawals by an amount not to exceed 40 percent of the amount permitted on or before September 9, 2004, retaining at least 60 percent of the total authorized pumpage, if:
(1)  an alternative water supply for at least 10 percent of the amount permitted is available and in place during the extreme drought; and
(2)  any restriction imposed by the district under Sections 8802.109(b) and (c) remains in effect.
(c)  For industrial, commercial, and nonagricultural irrigation permits first issued on or before September 9, 2004, and amended after September 9, 2004, the district may impose greater restrictions, including complete curtailment, for the additional amount of water authorized by the amendment than the district imposes on similarly situated permittees for other uses.
Added by Acts 2007, 80th Leg., R.S., Ch. 1405 (S.B. 747), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter D. Inclusion and Exclusion of Land in District › Section 8802.151. Municipal Approval Not Required

Sec. 8802.151.  MUNICIPAL APPROVAL NOT REQUIRED.  Approval of inclusion of land in the district that is located in the corporate limits or extraterritorial jurisdiction of a municipality does not require the municipality's approval under Subchapter B, Chapter 42, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter D. Inclusion and Exclusion of Land in District › Section 8802.152. Exclusion of County Area

Sec. 8802.152.  EXCLUSION OF COUNTY AREA.  (a)  The residents of any county area of the district, on petition of at least 15 percent of the registered voters in that county area, may request that the board, in conjunction with the next regularly scheduled directors' election, hold a referendum to determine whether to exclude that county area from the district.
(b)  The petition must be submitted to the board not later than the 45th day before the date of the election.
(c)  The board shall call and add a referendum under this section to the ballot of the May directors' election in the county area.
(d)  Exclusion of a county area from the district requires approval by a majority of the voters voting on the proposition: "The _________________ county area of the Barton Springs-Edwards Aquifer Conservation District shall be excluded from the Barton Springs-Edwards Aquifer Conservation District."
(e)  The exclusion of any county area from the district is effective on June 1 following approval of the referendum.  On and after that date:
(1)  the boundaries of the district shall be redefined to exclude the county area;
(2)  the imposition and collection of district taxes or user fees in the county area shall cease;
(3)  the offices held by any directors elected from the county area shall terminate; and
(4)  any other matters provided by law or by agreement with any person affecting the authority and operations of the district shall be automatically redesignated and redefined to be consistent with the exclusion of the county area.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter E. Conversion and Dissolution of District › Section 8802.201. Conversion of District Prohibited

Sec. 8802.201.  CONVERSION OF DISTRICT PROHIBITED.  The district may not be converted to any other type of conservation and reclamation district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8802 - Barton Springs-Edwards Aquifer Conservation District › Subchapter E. Conversion and Dissolution of District › Section 8802.202. Dissolution of District; Election

Sec. 8802.202.  DISSOLUTION OF DISTRICT; ELECTION.  (a)  The board shall call a dissolution election if:
(1)  the board receives a petition signed by a number of registered voters in the district equal to at least 30 percent of the voters in the district's most recent election; and
(2)  the district has no outstanding bonds or other long-term indebtedness.
(b)  The board shall dissolve the district if at least two-thirds of the voters voting in the election vote in favor of dissolving the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.07, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8803 - Starr County Groundwater Conservation District › Subchapter A. General Provisions › Section 8803.001. Definitions

Sec. 8803.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "District" means the Starr County Groundwater Conservation District.
(3)  "Municipally owned utility" has the meaning assigned by Section 13.002, Water Code.
(4)  "Regional water authority" means the Rio Grande Regional Water Authority.
(5)  "Water supply or sewer service corporation" has the meaning assigned by Section 13.002, Water Code.
Added by Acts 2005, 79th Leg., Ch. 451 (S.B. 1848), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8803 - Starr County Groundwater Conservation District › Subchapter A. General Provisions › Section 8803.002. Nature of District

Sec. 8803.002.  NATURE OF DISTRICT.  The district is:
(1)  a conservation and reclamation district in Starr County created under Section 59, Article XVI, Texas Constitution; and
(2)  a groundwater conservation district.
Added by Acts 2005, 79th Leg., Ch. 451 (S.B. 1848), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle H - Districts Governing Groundwater › Chapter 8803 - Starr County Groundwater Conservation District › Subchapter A. General Provisions › Section 8803.003. District Boundaries

Sec. 8803.003.  DISTRICT BOUNDARIES.  The boundaries of the district are coextensive with the boundaries of Starr County.
Added by Acts 2005, 79th Leg., Ch. 451 (S.B. 1848), Sec. 4, eff. June 17, 2005.