SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8841. GOLIAD COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8841.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Goliad County Groundwater Conservation District.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Goliad County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.003.  FINDINGS OF PUBLIC USE AND BENEFIT.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Goliad 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 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.005.  DISTRICT NAME CHANGE.  The board may change the district's name if the district annexes territory.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.006.  CONFLICTS WITH OTHER LAW.  The following provisions prevail over a conflicting or inconsistent provision of this chapter:
(1)  Sections 36.1071-36.108, Water Code;
(2)  Sections 36.159-36.161, Water Code; and
(3)  Subchapter I, Chapter 36, Water Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8841.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of seven directors elected to numbered places from Goliad County at large by the voters of the district.
(b)  Directors serve staggered four-year terms.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.052.  ELECTION DATE.  Beginning in the second year following the election that confirmed the creation of the district, an election shall be held on the uniform election date in November every two years to elect the appropriate number of directors.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.053.  ELIGIBILITY.  To be eligible to serve as a director, a person must be a resident of Goliad County.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.054.  BOARD VACANCY.  (a) If a vacancy occurs on the board, the remaining directors shall appoint a person to fill the vacancy.
(b)  A director appointed to fill a vacancy serves for the unexpired portion of the term.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.055.  OFFICERS.  The board shall select from among the directors a presiding officer, assistant presiding officer, and secretary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8841.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  Except as provided by this chapter, the district has the rights, powers, privileges, functions, 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 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

Sec. 8841.102.  REGIONAL COOPERATION.  (a)  In recognition of the need for uniform regional monitoring and regulation of common, scientifically recognized groundwater sources, and in designated management areas, the district shall establish rules that:
(1)  require the permitting of each water well that is:
(A)  not exempted from permitting by Chapter 36, Water Code; and
(B)  capable of producing more than 25,000 gallons each day;
(2)  provide for the prevention of waste, as defined by Section 36.001, Water Code;
(3)  provide for timely capping or plugging of abandoned wells; and
(4)  require reports to be filed with the district on each new, nonexempt water well.
(b)  A report required under Subsection (a)(4) must include:
(1)  the driller's log;
(2)  a description of the casing and pumping equipment installed;
(3)  the capacity of the well; and
(4)  the intended use of the water.
(c)  To further regional continuity, the district shall:
(1)  seek to participate in at least one coordination meeting annually with each adjacent district that shares an aquifer with the district;
(2)  coordinate the collection of data with adjacent districts in a manner designed to achieve uniformity of data quality;
(3)  coordinate efforts to monitor water quality with adjacent districts, local governments, and state agencies;
(4)  investigate any groundwater pollution with the intention of locating its source and report the district's findings to adjacent districts and appropriate state agencies;
(5)  provide to adjacent districts annually an inventory of new water wells in the district and an estimate of groundwater production in the district; and
(6)  include adjacent districts on the mailing lists for district newsletters, seminars, public education events, news articles, and field days.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 8841.151.  LIMITATION ON TAXES.  The district may not impose an ad valorem tax at a rate that exceeds five cents on each $100 valuation of taxable property in the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.