SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8832. MESQUITE GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8832.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Mesquite Groundwater Conservation District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 18.016, eff. September 1, 2013.

Sec. 8832.002.  NATURE OF DISTRICT.  The district is created under Section 59, Article XVI, Texas Constitution, to provide for the conservation, preservation, protection, recharge, and prevention of waste of the groundwater reservoirs located under district land, consistent with the objectives of Section 59, Article XVI, Texas Constitution, and Chapter 36, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.003.  DISTRICT TERRITORY.  The district includes the territory in Collingsworth County and any territory annexed by the district under Section 8832.055 or other law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.004.  DISTRICT NAME CHANGE.  The board by resolution may change the district's name.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8832.051.  COMPOSITION OF BOARD; TERMS.  (a)  Except as provided by Section 8832.055, the district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.052.  ELECTION OF DIRECTORS.  (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)  One director is elected from each single-member district.  A director elected from a single-member district represents the residents and property owners of that single-member district.
(d)  Board elections are conducted according to Sections 36.017(b)-(h), Water Code, and the Election Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.053.  ELECTION DATE.  A board election shall be held on a uniform election date in each even-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.054.  QUALIFICATIONS FOR ELECTION; ELIGIBILITY TO SERVE.  (a)  To be qualified for election as a director, a person must be:
(1)  a resident of the district; and
(2)  at least 18 years of age.
(b)  To represent a single-member district, a director must own property in that single-member district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.055.  COMPOSITION OF BOARD AND ELECTION OF DIRECTORS FOLLOWING ANNEXATION.  (a)  Territory may be added to the district as provided by Chapter 36, Water Code.
(b)  If the district annexes territory, the board may:
(1)  add the annexed territory to one or more existing single-member districts for purposes of electing directors;
(2)  redraw the five single-member districts to include the annexed territory; or
(3)  add additional single-member districts for the election of additional directors.
(c)  The district may not contain more than 11 single-member districts.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8832.101.  GENERAL POWERS AND DUTIES.  The district may exercise:
(1)  the powers essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution; and
(2)  the rights, powers, duties, privileges, and functions provided by this chapter, Chapter 36, Water Code, and other laws of this state relating to groundwater conservation districts.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.102.  ADMINISTRATIVE PROCEDURES.  Except as provided by this chapter, the administrative and procedural provisions of Chapter 36, Water Code, apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.103.  WELL PERMITS.  (a)  As permitted by Chapter 36, Water Code, the district may:
(1)  require a permit for drilling, equipping, or completing a well in a groundwater reservoir in the district; and
(2)  issue a permit that includes terms relating to drilling, equipping, or completing a well that are necessary to prevent waste or conserve, preserve, and protect groundwater.
(b)  The district may not deny an owner of land, or the owner's heirs, assigns, and lessees, a permit to drill a well on that land or the right to produce groundwater from that well subject to rules adopted under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.104.  WELL SPACING AND PRODUCTION.  To minimize as far as practicable the drawdown of the water table or the reduction of the artesian pressure, the district as permitted by Chapter 36, Water Code, may provide for the spacing of wells producing from the groundwater reservoirs in the district and regulate the production from those wells.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.105.  LOGS.  As permitted by Chapter 36, Water Code, the district may require that:
(1)  accurate driller's logs be kept of the drilling, equipping, and completion of a well into a groundwater reservoir in the district; and
(2)  a copy of a driller's log and of any electric log that may be made of the well be filed with the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.106.  SURVEYS.  As permitted by Chapter 36, Water Code, the district may have a licensed engineer survey the groundwater of a groundwater reservoir in the district and the facilities for the development, production, and use of that groundwater and determine the quantity of the groundwater available for production and use and the improvements, developments, and recharges needed for the groundwater reservoir.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.107.  RESEARCH AND DETERMINATIONS REGARDING GROUNDWATER WITHDRAWAL.  As permitted by Chapter 36, Water Code, the district may carry out research projects, develop information, and determine limitations, if any, that should be made on the withdrawal of groundwater from a groundwater reservoir in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.108.  COLLECTION AND PRESERVATION OF INFORMATION.  As permitted by Chapter 36, Water Code, the district may collect and preserve information regarding the use of groundwater and the practicability of recharge of a groundwater reservoir in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8832.109.  CONTRACT FOR SALE AND DISTRIBUTION OF WATER.  As permitted by Chapter 36, Water Code, the district may contract for, sell, and distribute water from a water import authority or other agency.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 8832.151.  FINANCIAL RECORDS.  (a)  The district shall file with the county treasurer of each county in which the district is located a copy of each audit, board order, or other document relating to district finances.  The copy shall be filed not later than the 60th day after the date the audit is completed, the order is adopted, or the other document is finalized.
(b)  The county treasurer shall maintain a copy of each audit, order, or other document at the county treasurer's main office and shall make the copies available for public inspection during regular office hours.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.