SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8849.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Lost Pines Groundwater Conservation District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.003.  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 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.004.  DISTRICT TERRITORY.  The district's boundaries are coextensive with the boundaries of Bastrop and Lee Counties 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.

Sec. 8849.005.  CONFLICTS OF LAW.  The following provisions prevail over a conflicting or inconsistent provision of this chapter:
(1)  Sections 36.1071-36.1073, 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. 91 (S.B. 1303), Sec. 22.025, eff. September 1, 2011.

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8849.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of 10 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. 8849.052.  APPOINTMENT OF DIRECTORS.  (a)  Five directors are appointed from Bastrop County by the county judge of Bastrop County and five directors are appointed from Lee County by the county judge of Lee County.
(b)  Every two years after the initial appointment of directors, the appropriate number of directors shall be appointed.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.053.  BOARD VACANCY.  If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.054.  EXPENSES.  A director is entitled to reimbursement for actual reasonable expenses incurred in performing duties as a director.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.055.  LIABILITY.  For liability purposes only, a director is considered a district employee under Chapter 101, Civil Practice and Remedies Code, even if the director does not receive fees of office voluntarily, by district policy, or through a statutory exception to this section.  A director is immune from suit and immune from liability for official votes and official actions.
Added by Acts 2015, 84th Leg., R.S., Ch. 1196 (S.B. 1336), Sec. 5, eff. September 1, 2015.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8849.101.  GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.  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 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.102.  AUTHORITY TO EXEMPT CERTAIN WELLS FROM REGULATION.  The district may adopt a rule exempting a well that is not capable of producing more than 50,000 gallons of groundwater a day from a permit requirement, a fee, or a restriction on production.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.103.  GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD COMMISSION.  (a)  In this section:
(1)  "Public utility" means any person, corporation, public utility, water supply or sewer service corporation, municipality, political subdivision, or agency operating, maintaining, or controlling facilities in this state for providing potable water service for compensation.
(2)  "Railroad commission" means the Railroad Commission of Texas.
(b)  A groundwater well drilled or operated in the district under a permit issued by the railroad commission is under the exclusive jurisdiction of the railroad commission and is exempt from regulation by the district.
(c)  Groundwater produced in an amount authorized by a railroad commission permit may be used in or exported from the district without a permit from the district.
(d)  To the extent groundwater production exceeds railroad commission authorization, the holder of the railroad commission permit:
(1)  shall apply to the district for the appropriate permit for the excess production; and
(2)  is subject to the applicable regulatory fees.
(e)  Groundwater produced from a well under the jurisdiction of the railroad commission is generally exempt from water district fees.  However, the district may impose a pumping fee or an export fee on groundwater produced from an otherwise exempt mine well that is used for municipal purposes or by a public utility.  A fee imposed by the district under this subsection may not exceed the fee imposed on other groundwater producers in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.104.  MEMBERSHIP ON CENTRAL CARRIZO-WILCOX COORDINATING COUNCIL.  The district is a member of the Central Carrizo-Wilcox Coordinating Council.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.105.  MANAGEMENT PLAN.  The district shall develop or contract to develop a district management plan under Section 36.1071, Water Code, and submit the plan to the Central Carrizo-Wilcox Coordinating Council to be included in the management plan developed by the council.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.106.  REGIONAL COOPERATION.  The district shall:
(1)  adopt a management plan detailing proposed efforts of the district to cooperate with other groundwater conservation districts;
(2)  participate as needed in coordination meetings with adjacent groundwater conservation districts that share one or more aquifers with the district;
(3)  coordinate the collection of data with adjacent groundwater conservation districts in such a way as to achieve relative uniformity of data type and quality;
(4)  provide groundwater level information to adjacent groundwater conservation districts;
(5)  investigate any groundwater pollution to identify the pollution's source;
(6)  notify adjacent groundwater conservation districts and all appropriate agencies of any groundwater pollution detected and the source of the pollution identified;
(7)  provide to adjacent groundwater conservation districts annually an inventory of water wells in the district and an estimate of groundwater production in the district; and
(8)  include adjacent groundwater conservation districts on mailing lists for district newsletters and information regarding seminars, public education events, news articles, and field days.
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. 8849.151.  PUMPING FEES.  (a)  The district may assess regulatory pumping fees for water produced in or exported from the district.
(b)  The regulatory pumping fees the district assesses for water for crop or livestock production or other agricultural uses may not exceed 20 percent of the rate applied to water for municipal uses.
(c)  Regulatory pumping fees based on the amount of water withdrawn from a well may not exceed:
(1)  $1 for each acre-foot for water used to irrigate agricultural crops; or
(2)  17 cents for each thousand gallons for water used for any other purpose.
(d)  Combined regulatory pumping fees for production and export of water may not exceed 17 cents for each thousand gallons for water used.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.

Sec. 8849.152.  TAXES PROHIBITED.  The district may not impose a tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 1139 (H.B. 2619), Sec. 1.05, eff. April 1, 2011.