SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER

CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8883.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Santa Rita Underground Water Conservation District.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.002.  NATURE OF DISTRICT.  The district is a groundwater conservation district in Reagan County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.003.  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 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.004.  DISTRICT TERRITORY.  (a)  Except as provided by Subsection (b), the district includes the territory in Reagan County unless the district's territory has been modified under:
(1)  Subchapter J or K, Chapter 36, Water Code; or
(2)  other law.
(b)  The district does not include any territory that was annexed into the Glasscock County Underground Water Conservation District under the then applicable annexation provisions of Chapter 51, Water Code, before June 14, 1989.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.005.  OWNERSHIP OF GROUNDWATER AND SURFACE WATER RIGHTS.  The ownership and rights of the owner of land, the owner's lessees, and assigns in groundwater and any surface water rights are recognized, and this chapter does not deprive or divest the owner, the owner's lessees, or assigns of those ownership rights.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8883.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.052.  ELIGIBILITY AND ELECTION OF DIRECTORS.  (a)  A director must be:
(1)  18 years of age or older; and
(2)  a resident of the district.
(b)  One director is elected from each county commissioner precinct.  One director is elected at large.
(c)  Section 141.001(a)(5), Election Code, and Section 36.059(b), Water Code, do not apply to the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.053.  ELECTION DATE.  The district shall hold an election to elect the appropriate number of directors on the uniform election date in May of each odd-numbered year or another date authorized by law.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.054.  COMPENSATION; EXPENSES.  (a)  Unless the board by resolution increases the fees of office to an amount authorized by Section 36.060(a), Water Code, each director is entitled to receive for the director's services $25 a month in compensation.
(b)  Each director may be reimbursed for actual expenses incurred in the performance of official duties.
(c)  The expenses described by Subsection (b) must be:
(1)  reported in the district's records; and
(2)  approved by the board.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8883.101.  GENERAL 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 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.102.  PAYMENT OF CERTAIN EXPENSES.  (a)  The board may pay:
(1)  all costs and expenses necessarily incurred in the creation and organization of the district;
(2)  legal fees; and
(3)  other incidental expenses.
(b)  The board may reimburse a person for money advanced for a purpose described by Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.103.  APPEARANCE BEFORE RAILROAD COMMISSION.  The district, through the directors or the district's general manager, may appear before the Railroad Commission of Texas and present evidence and information relating to a pending permit application for an injection well to be located in the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Sec. 8883.104.  PROHIBITION: SUPPLY OF WATER.  The district may not contract to or take an action to supply groundwater inside or outside the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.