SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8840.  GLASSCOCK GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8840.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Glasscock Groundwater Conservation District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8840.002.  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. 8840.003.  FINDINGS OF PUBLIC USE AND BENEFIT.  (a)  The district is created to serve a public use and benefit.
(b)  All land included in the district will benefit from the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8840.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Glasscock County, Texas, unless the district's territory has been modified under:
(1)  Subchapter J, Chapter 36, Water Code; or
(2)  other law.
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. 8840.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of directors as provided by Chapter 36, Water Code.
(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. 8840.052.  ELECTION OF DIRECTORS.  (a)  The district is divided into numbered precincts for electing directors.
(b)  The board may revise the district precincts as necessary or appropriate.
(c)  One director is elected from each district precinct and one director is elected at large.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8840.053.  ELECTION DATE.  The board shall hold an election to elect the appropriate number of directors on the uniform election date in May of 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. 8840.054.  QUALIFICATIONS FOR ELECTION.  (a)  To be qualified for election as a director, a person must:
(1)  be a resident of the district or proposed district;
(2)  own land subject to taxation in the district or proposed district; and
(3)  be at least 21 years of age.
(b)  To be qualified for election as a director from a district precinct, a person must own land subject to taxation in the district precinct from which the person is elected.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8840.055.  ELECTION OF DIRECTORS FOLLOWING ANNEXATION.  (a)  Territory may be added to the district under Chapter 36, Water Code.
(b)  If the district annexes territory, the directors shall determine the precincts to which annexed territory is added for the purpose of electing directors.
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. 8840.101.  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. 8840.102.  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. 8840.103.  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; and
(2)  issue a permit subject to 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. 8840.104.  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 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. 8840.105.  LOGS.  As permitted by Chapter 36, Water Code, the district may require that:
(1)  accurate driller's logs be kept of the drilling, equipping, or completion of a well into a groundwater reservoir; 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. 8840.106.  SURVEYS.  As permitted by Chapter 36, Water Code, the district may have a licensed engineer survey the groundwater of a groundwater reservoir 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. 8840.107.  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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8840.108.  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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8840.109.  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.