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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Comal Trinity Groundwater |
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Conservation District; providing authority to issue bonds; |
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providing authority to impose assessments, fees, or surcharges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8875 to read as follows: |
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CHAPTER 8875. COMAL TRINITY GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8875.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Commissioners court" means the Comal County |
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Commissioners Court. |
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(4) "Director" means a member of the board. |
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(5) "District" means the Comal Trinity Groundwater |
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Conservation District. |
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(6) "Retail public utility" means a retail public |
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utility as defined by Section 13.002, Water Code, that is providing |
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service in the district. |
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Sec. 8875.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Comal County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8875.003. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Comal County, Texas, except that the district does not include any |
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territory that is included in the boundaries of the Trinity Glen |
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Rose Groundwater Conservation District. |
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Sec. 8875.004. CONFLICTS OF LAW. This chapter prevails |
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over any provision of general law, including a provision of Chapter |
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36, Water Code, that is in conflict or is inconsistent with this |
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chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8875.051. COMPOSITION OF BOARD. The district is |
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governed by a board of seven appointed directors. |
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Sec. 8875.052. TERMS AND APPOINTMENT OF DIRECTORS. |
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(a) Directors serve staggered four-year terms. Directors are |
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appointed by the commissioners court as follows: |
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(1) three directors shall be appointed from the |
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incorporated areas of Comal County; and |
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(2) four directors shall be appointed with one |
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director appointed from each of the four commissioners court |
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precincts. |
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(b) To be appointed under this section, a person: |
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(1) must be a registered voter of Comal County; and |
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(2) to the extent practicable, should be familiar with |
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the use of water by industry and commerce, municipal and rural |
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utilities, agriculture, and private wells. |
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Sec. 8875.053. VACANCIES. If there is a vacancy on the |
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board, the commissioners court shall appoint a person to fill the |
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vacancy for the remainder of the term in a manner that meets the |
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representational requirements of Section 8875.052. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8875.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
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AND DUTIES. The district has the rights, powers, privileges, |
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functions, and duties provided by the general law of this state, |
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including Chapter 36, Water Code, applicable to groundwater |
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conservation districts created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8875.102. CONTRACTS. The district may contract with a |
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state agency or political subdivision, including a municipality, a |
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county, a river authority, or another district, to carry out any |
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function of the district. |
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Sec. 8875.103. BEST MANAGEMENT PRACTICES. (a) The |
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district may participate in the development and implementation of |
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best management practices for water resource management in the |
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district and may engage in and promote the acceptance of best |
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management practices through education efforts sponsored by the |
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district. |
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(b) Development and implementation of best management |
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practices must address water quantity and quality practices such as |
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brush management, prescribed grazing, recharge structures, water |
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and silt detention and retention structures, plugging of abandoned |
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wells, rainwater harvesting, and other treatment measures for the |
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conservation of water resources. |
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(c) The district may not adopt or implement a best |
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management practice that is in conflict with or duplicative of a |
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best management practice adopted by another groundwater |
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conservation district whose territory covers any part of Comal |
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County. |
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Sec. 8875.104. LIMITATIONS ON DISTRICT POWERS. (a) The |
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district may not: |
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(1) require the owner of a well exempt from permitting |
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to install a meter or measuring device on the well; or |
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(2) assess and collect a production fee on wells |
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exempt from permitting. |
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(b) The district does not have the authority granted by |
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Sections 36.020 and 36.201-36.204, Water Code, relating to taxes. |
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Sec. 8875.105. PRODUCTION LIMITS AND PERMITS FOR CERTAIN |
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WELLS. (a) In this section: |
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(1) "Maximum production capacity" means the rated |
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capacity of a well that is measured in gallons per minute of |
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production as certified by the driller of the well or a professional |
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geologist or engineer at the time the well was initially |
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constructed or placed into service. |
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(2) "Trinity Aquifer" means the Trinity group of |
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aquifers, including the: |
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(A) Upper Trinity, consisting of the Upper Glen |
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Rose Limestone; |
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(B) Middle Trinity, consisting of the Lower Glen |
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Rose Limestone, the Hensell Sand, and the Cow Creek Limestone; and |
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(C) Lower Trinity, consisting of the Sligo |
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Limestone and the Hosston Sand. |
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(b) Notwithstanding Section 36.117(j), Water Code, the |
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district shall issue to an applicant a permit for a well that is not |
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exempt from permitting and that was drilled into or through the |
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Trinity Aquifer on or before the effective date of the Act enacting |
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this chapter that authorizes the production of the well at an amount |
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not less than the maximum production capacity of the well. |
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(c) Notwithstanding Section 36.117(j), Water Code, a well |
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that is not exempt from permitting and that was drilled into or |
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through the Trinity Aquifer after the effective date of the Act |
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enacting this chapter requires a permit from the district. |
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Sec. 8875.106. WELL EXEMPTION. A well is exempt from the |
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requirement to obtain a withdrawal permit provided that the well: |
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(1) is used solely for domestic use or for providing |
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water for livestock or poultry regardless of land lot size and is |
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drilled, completed, or equipped so that it is incapable of |
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producing more than 25,000 gallons of groundwater a day; |
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(2) is not capable of producing more than 10,000 |
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gallons of water a day; or |
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(3) is metered and does not produce more than 10 |
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acre-feet of water in a calendar year. |
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Sec. 8875.107. MEASURING DEVICES. (a) The owner of a |
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nonexempt well shall install and maintain a water well meter, or |
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alternative measuring device or method approved by the district, |
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designed to indicate the flow rate and cumulative amount of water |
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withdrawn by that well, on each individual well no later than 36 |
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months after the effective date of the Act enacting this chapter. |
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(b) A well owner is responsible for the costs of installing, |
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operating, and maintaining measuring devices. |
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Sec. 8875.108. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8875.151. FEES. (a) The district may set a |
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reasonable fee for administrative management on a per well basis. |
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The district may set a fee for administrative management on: |
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(1) a well used solely for domestic or livestock |
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purposes in an amount not greater than $15 per well, per year; and |
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(2) a well that is exempt from permitting and that is |
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not used solely for domestic or livestock purposes in an amount not |
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greater than $50 per well, per year. |
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(b) The district may impose reasonable production fees on |
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each well that is not exempt from permitting based on the amount of |
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water actually withdrawn from the well. The district may not impose |
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a production fee under this subsection in an amount greater than: |
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(1) $1 per acre-foot for groundwater used for |
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agricultural purposes; or |
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(2) $40 per acre-foot for groundwater used for any |
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other purpose. |
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SECTION 2. Not later than December 31, 2015, the Comal |
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County Commissioners Court shall appoint the directors of the Comal |
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Trinity Groundwater Conservation District as provided by Section |
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8875.052, Special District Local Laws Code, as added by this Act. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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