SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8820.  NORTHERN TRINITY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8820.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Northern Trinity Groundwater Conservation District.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

Sec. 8820.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Tarrant County created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

Sec. 8820.003.  DISTRICT TERRITORY.  The boundaries of the district are coextensive with the boundaries of Tarrant County.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

Sec. 8820.004.  CONFIRMATION ELECTION NOT REQUIRED.  The board is not required to hold an election to confirm the district's creation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8820.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

Sec. 8820.052.  APPOINTMENT OF DIRECTORS.  (a)  The Tarrant County Commissioners Court shall appoint one director from each of the four commissioners precincts in the county to represent the precinct in which the director resides.
(b)  The county judge of Tarrant County shall appoint one director who resides in the district to represent the district at large.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8820.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.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 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

Sec. 8820.102.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

SUBCHAPTER D.  REGULATION OF OTHER DISTRICTS

Sec. 8820.151.  REGULATION OF WELLS IN ANOTHER DISTRICT.  Except as provided by this subchapter, the district may not regulate the drilling or equipping of, or the completion, operation, or production of, a well located in the district and in another conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, and that on January 1, 2007:
(1)  had statutory authority to require a person to obtain a permit before drilling, equipping, completing, altering, or operating a well in its boundaries;  and
(2)  had adopted rules to implement that statutory authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

Sec. 8820.152.  FEES ON WELLS IN ANOTHER DISTRICT.  The district may assess to the owner or operator of a well located in a conservation and reclamation district described by Section 8820.151 a fee based on the amount of groundwater produced from the well in the same manner and at the same rate as other wells in the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

Sec. 8820.153.  COORDINATION WITH OTHER DISTRICTS.  (a)  The district and any conservation and reclamation district described by Section 8820.151 shall meet to:
(1)  coordinate the adoption of rules by each district to promote consistent planning and regulation; and
(2)  develop procedures to ensure the expedited exchange of technical and regulatory information between the districts.
(b)  The district and a conservation and reclamation district described by Section 8820.151 may enter into one or more agreements to implement this section, including an interlocal contract under Chapter 791, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS

Sec. 8820.201.  TAXES AND BONDS PROHIBITED.  The district may not impose a tax or issue bonds.
Added by Acts 2007, 80th Leg., R.S., Ch. 1126 (H.B. 4028), Sec. 1, eff. June 15, 2007.

Sec. 8820.202.  LIMITATION ON ASSESSMENT OF PRODUCTION FEES.  A production fee assessed by the district on the amount of groundwater authorized by a permit to be withdrawn from a well or the amount of groundwater actually withdrawn may not exceed:
(1)  $1 for each acre-foot of groundwater permitted for or used in a year solely for agricultural use; or
(2)  20 cents for each 1,000 gallons of groundwater permitted for or used in a year for any purpose other than agriculture.
Added by Acts 2011, 82nd Leg., R.S., Ch. 357 (H.B. 3818), Sec. 1, eff. June 17, 2011.