SPECIAL DISTRICT LOCAL LAWS CODE


TITLE 6. WATER AND WASTEWATER


SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER


CHAPTER 8891. JEFF DAVIS COUNTY UNDERGROUND WATER CONSERVATION DISTRICT


SUBCHAPTER A. GENERAL PROVISIONS


Sec. 8891.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commissioners court" means the Jeff Davis County Commissioners Court.

(3) "Director" means a board member.

(4) "District" means the Jeff Davis County Underground Water Conservation District.

Added by Acts 2017, 85th Leg., R.S., Ch. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.

Sec. 8891.002. NATURE OF DISTRICT. The district is a groundwater conservation district in Jeff Davis 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. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.

Sec. 8891.003. 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. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.

Sec. 8891.004. DISTRICT TERRITORY. The district's boundaries are coextensive with the boundaries of Jeff Davis County, unless the district's territory has been modified under:

(1) Subchapter J or K, Chapter 36, Water Code; or

(2) other law.

Added by Acts 2017, 85th Leg., R.S., Ch. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.

Sec. 8891.005. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.

(b) Section 36.121, Water Code, does not apply to the district.

Added by Acts 2017, 85th Leg., R.S., Ch. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.

SUBCHAPTER B. BOARD OF DIRECTORS


Sec. 8891.051. COMPOSITION OF BOARD; TERMS. (a) The district is governed by a board of five directors appointed by the commissioners court.

(b) Directors serve staggered four-year terms that expire on March 1 of the applicable odd-numbered year.

Added by Acts 2017, 85th Leg., R.S., Ch. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.

Sec. 8891.052. VACANCIES. If there is a vacancy on the board, the commissioners court shall appoint a director to serve the remainder of the term.

Added by Acts 2017, 85th Leg., R.S., Ch. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.

SUBCHAPTER C. POWERS AND DUTIES


Sec. 8891.101. 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. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.

Sec. 8891.102. LIMITATION ON TAXES. The district may not impose taxes in the district.

Added by Acts 2017, 85th Leg., R.S., Ch. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.

Sec. 8891.103. FEES. (a) The district may assess fees as authorized by Section 36.205, Water Code.

(b) The district may not charge for an annual period production fees greater than $1 per acre-foot for water used for agricultural use or 17 cents per 1,000 gallons for water used for any other purpose.

Added by Acts 2017, 85th Leg., R.S., Ch. 1158 (S.B. 964), Sec. 1, eff. September 1, 2017.