1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Bluebonnet Groundwater Conservation
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A groundwater conservation
1-7 district, to be known as the Bluebonnet Groundwater Conservation
1-8 District, is created in Grimes, Washington, Waller, Austin, and
1-9 Walker counties, subject to approval at a confirmation election
1-10 under Section 15 of this Act. The district is a governmental
1-11 agency and a body politic and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 (c) The purpose of this Act is to create a locally
1-16 controlled groundwater district in order to protect and recharge
1-17 groundwater, to prevent pollution or waste of groundwater, to
1-18 control subsidence caused by withdrawal of water from the
1-19 groundwater reservoirs in the area, and to regulate the transport
1-20 of water out of the boundaries of the district.
1-21 SECTION 2. DEFINITION. In this Act, "district" means the
1-22 Bluebonnet Groundwater Conservation District.
1-23 SECTION 3. BOUNDARIES. The boundaries of the district are
1-24 coextensive with the boundaries of Grimes, Washington, Waller,
2-1 Austin, and Walker counties.
2-2 SECTION 4. FINDING OF BENEFIT. All of the land and other
2-3 property included within the boundaries of the district will be
2-4 benefited by the works and projects that are to be accomplished by
2-5 the district under powers conferred by Section 59, Article XVI,
2-6 Texas Constitution. The district is created to serve a public use
2-7 and benefit.
2-8 SECTION 5. GENERAL POWERS. (a) Except as otherwise
2-9 provided by this Act, the district has all the rights, powers,
2-10 privileges, authority, functions, and duties provided by the
2-11 general law of this state, including Chapter 36, Water Code,
2-12 applicable to groundwater conservation districts created under
2-13 Section 59, Article XVI, Texas Constitution. This Act prevails
2-14 over any provision of general law, including Chapter 36, Water
2-15 Code, that is in conflict or is inconsistent with this Act.
2-16 (b) The district does not have the authority granted by the
2-17 following provisions of Chapter 36, Water Code:
2-18 (1) Section 36.105, relating to eminent domain; and
2-19 (2) Sections 36.020 and 36.201-36.204, relating to
2-20 taxes.
2-21 SECTION 6. FEES. (a) The board of directors of the
2-22 district by rule may impose reasonable fees on each well for which
2-23 a permit is issued by the district and which is not exempt from
2-24 regulation by the district. A fee may be based on the size of
2-25 column pipe used by the well or on the actual, authorized, or
2-26 anticipated amount of water to be withdrawn from the well.
2-27 (b) Fees may not exceed:
3-1 (1) $1 per acre-foot payable annually for water used
3-2 for agricultural use; or
3-3 (2) 17 cents per thousand gallons for water used for
3-4 any other purpose.
3-5 (c) In addition to the fee authorized under Subsection (a)
3-6 of this section, the district may impose a reasonable fee or
3-7 surcharge for an export fee using one of the following methods:
3-8 (1) a fee negotiated between the district and the
3-9 transporter; or
3-10 (2) a combined production and export fee not to exceed
3-11 17 cents per thousand gallons for water used.
3-12 (d) Fees authorized by this section may be assessed annually
3-13 and may be used to fund the cost of district operations.
3-14 SECTION 7. EXEMPTIONS. (a) The district may exempt wells
3-15 under Section 36.117, Water Code, from the requirements to obtain a
3-16 drilling permit, an operating permit, or any other permit required
3-17 by Chapter 36, Water Code, or the district's rules.
3-18 (b) The district may not require a permit for:
3-19 (1) a well used solely for domestic use or for
3-20 providing water for livestock or poultry on a tract of land larger
3-21 than 10 acres that is either drilled, completed, or equipped so
3-22 that it is incapable of producing more than 25,000 gallons of
3-23 groundwater a day;
3-24 (2) the drilling of a water well used solely to supply
3-25 water for a rig that is actively engaged in drilling or exploration
3-26 operations for an oil or gas well permitted by the Railroad
3-27 Commission of Texas, provided that the person holding the permit is
4-1 responsible for drilling and operating the water well and the well
4-2 is located on the same lease or field associated with the drilling
4-3 rig; or
4-4 (3) the drilling of a water well authorized under a
4-5 permit issued by the Railroad Commission of Texas under Chapter
4-6 134, Natural Resources Code, or for production from any such well
4-7 to the extent the withdrawals are required for mining activities
4-8 regardless of any subsequent use of the water.
4-9 (c) The district may not deny the owner of a tract of land,
4-10 or the owner's lessee, who does not have a well equipped to produce
4-11 more than 25,000 gallons a day on the tract, either a permit to
4-12 drill a well on the owner's land or the privilege to produce
4-13 groundwater from the owner's land, subject to the rules of the
4-14 district.
4-15 (d) The district may not restrict the production of any well
4-16 that is exempt from permitting under Subsection (b)(1) of this
4-17 section.
4-18 (e) Notwithstanding Subsection (b) of this section, the
4-19 district may require a well to be permitted by the district and to
4-20 comply with all district rules if:
4-21 (1) the purpose of a well exempted under Subsection
4-22 (b)(2) of this section is no longer solely to supply water for a
4-23 rig that is actively engaged in drilling or exploration operations
4-24 for an oil or gas well permitted by the Railroad Commission of
4-25 Texas; or
4-26 (2) the withdrawals from a well exempted under
4-27 Subsection (b)(3) of this section are no longer necessary for
5-1 mining activities or are greater than the amount necessary for
5-2 mining activities specified in the permit issued by the Railroad
5-3 Commission of Texas under Chapter 134, Natural Resources Code.
5-4 (f) An entity holding a permit issued by the Railroad
5-5 Commission of Texas under Chapter 134, Natural Resources Code, that
5-6 authorizes the drilling of a water well shall report monthly to the
5-7 district:
5-8 (1) the total amount of water withdrawn during the
5-9 month;
5-10 (2) the quantity of water necessary for mining
5-11 activities; and
5-12 (3) the quantity of water withdrawn for other
5-13 purposes.
5-14 (g) Notwithstanding Subsection (e) of this section, the
5-15 district may not require a well exempted under Subsection (b)(3) of
5-16 this section to comply with the spacing requirements of the
5-17 district.
5-18 (h) The district may not deny an application for a permit to
5-19 drill and produce water for hydrocarbon production activities if
5-20 the application meets the spacing, density, and production rules
5-21 applicable to all permitted water wells in the district.
5-22 (i) A water well exempted under Subsection (a) or (b) of
5-23 this section may:
5-24 (1) be registered in accordance with rules adopted by
5-25 the district; and
5-26 (2) be equipped and maintained so as to conform to the
5-27 district's rules requiring installation of casing, pipe, and
6-1 fittings to prevent the escape of groundwater from a groundwater
6-2 reservoir to any reservoir not containing groundwater and to
6-3 prevent the pollution or harmful alteration of the character of the
6-4 water in any groundwater reservoir.
6-5 (j) The district may require the driller of a well exempted
6-6 under Subsection (a) or (b) of this section to file the drilling
6-7 log with the district.
6-8 (k) A well to supply water for a subdivision of land for
6-9 which a plat approval is required by Chapter 232, Local Government
6-10 Code, is not exempted under Subsection (b) of this section.
6-11 (l) Groundwater withdrawn from a well exempt from permitting
6-12 or regulation under this section and subsequently transported
6-13 outside the boundaries of the district is subject to any applicable
6-14 production and export fees under Section 6 of this Act.
6-15 (m) This section applies to water wells, including water
6-16 wells used to supply water for activities related to the
6-17 exploration or production of hydrocarbons or minerals. This
6-18 section does not apply to production or injection wells drilled for
6-19 oil, gas, sulphur, uranium, or brine, for core tests, or for
6-20 injection of gas, saltwater, or other fluids, under permits issued
6-21 by the Railroad Commission of Texas.
6-22 SECTION 8. MITIGATION ASSISTANCE. In addition to the
6-23 authority granted under Chapter 36, Water Code, the district may
6-24 assist in the mediation between landowners regarding the mitigation
6-25 of the loss of existing groundwater supply of exempt domestic and
6-26 livestock users due to the groundwater pumping of others.
6-27 SECTION 9. MANAGEMENT PLAN. The district shall develop or
7-1 contract to develop its own management plan under Section 36.1071,
7-2 Water Code.
7-3 SECTION 10. PERMITTING. The district shall issue permits
7-4 for wells based on the consideration of whether:
7-5 (1) the application conforms to the requirements
7-6 prescribed by Chapter 36, Water Code, and is accompanied by the
7-7 prescribed fees;
7-8 (2) the proposed use of water unreasonably affects
7-9 existing groundwater and surface water resources or existing permit
7-10 holders;
7-11 (3) the proposed use of water is dedicated to any
7-12 beneficial use;
7-13 (4) the proposed use of water is consistent with the
7-14 district's certified water management plan;
7-15 (5) the applicant has agreed to avoid waste and
7-16 achieve water conservation; and
7-17 (6) the applicant has agreed that reasonable diligence
7-18 will be used to protect groundwater quality and that the applicant
7-19 will follow well plugging guidelines at the time of well closure.
7-20 SECTION 11. COORDINATION OF ACTIVITIES WITH OTHER ENTITIES.
7-21 (a) The district may coordinate activities with the Central
7-22 Carrizo-Wilcox Coordinating Council and may appoint a nonvoting
7-23 representative to the Central Carrizo-Wilcox Coordinating Council.
7-24 (b) The district may coordinate activities with the
7-25 Harris-Galveston Coastal Subsidence District or with other
7-26 groundwater conservation districts to manage portions of the Gulf
7-27 Coast Aquifer.
8-1 SECTION 12. BOARD OF DIRECTORS. (a) The district is
8-2 governed by a board of directors of not fewer than 8 or more than
8-3 20 directors, appointed as provided by Section 13 of this Act.
8-4 (b) Initial directors serve until permanent directors are
8-5 appointed under Section 13 of this Act and qualified as required by
8-6 Subsection (d) of this section.
8-7 (c) Permanent directors serve four-year staggered terms.
8-8 (d) Each director must qualify to serve as a director in the
8-9 manner provided by Section 36.055, Water Code.
8-10 (e) A director serves until the director's successor has
8-11 qualified.
8-12 (f) A director may serve consecutive terms.
8-13 (g) If there is a vacancy on the board, the governing body
8-14 of the entity that appointed the director who vacated the office
8-15 shall appoint a director to serve the remainder of the term. In
8-16 making this appointment, the governing body shall appoint a
8-17 director to represent the interest of the director who has vacated
8-18 the office.
8-19 (h) Directors are not entitled to receive compensation for
8-20 serving as a director but may be reimbursed for actual, reasonable
8-21 expenses incurred in the discharge of official duties.
8-22 (i) A majority vote of a quorum is required for board
8-23 action. If there is a tie vote, the proposed action fails.
8-24 SECTION 13. APPOINTMENT OF DIRECTORS. (a) The commissioners
8-25 courts of the counties within the district, if the district has two
8-26 to five counties, shall each appoint four directors, of whom:
8-27 (1) one must represent municipal interests;
9-1 (2) one must represent agricultural interests;
9-2 (3) one must represent industrial interests; and
9-3 (4) one must represent rural water suppliers'
9-4 interests.
9-5 (b) If the district consists of one county, the
9-6 commissioners court of that county shall appoint eight directors,
9-7 of whom:
9-8 (1) two must represent municipal interests;
9-9 (2) two must represent agricultural interests;
9-10 (3) two must represent industrial interests; and
9-11 (4) two must represent rural water suppliers'
9-12 interests.
9-13 (c) The commissioners courts of the counties within the
9-14 district shall each appoint the appropriate number of initial
9-15 directors as soon as practicable following the effective date of
9-16 this Act, but not later than the 90th day after the effective date
9-17 of this Act.
9-18 (d) The initial directors shall draw lots to determine their
9-19 terms. Half of the initial directors serve terms that expire on
9-20 the second anniversary of the date on which all initial directors
9-21 have qualified as required by Section 12 of this Act, and half of
9-22 the initial directors serve terms that expire on the fourth
9-23 anniversary of the date on which all initial directors have
9-24 qualified as required by Section 12 of this Act. On the second
9-25 anniversary of the date on which all initial directors have
9-26 qualified as required by Section 12 of this Act and every two years
9-27 after that date, the appropriate commissioners courts shall appoint
10-1 the appropriate number of permanent directors.
10-2 SECTION 14. ORGANIZATIONAL MEETING. As soon as practicable
10-3 after all the initial directors have been appointed and have
10-4 qualified as provided in this Act, a majority of the directors
10-5 shall convene the organizational meeting of the district at a
10-6 location within the district agreeable to a majority of the
10-7 directors. If no location can be agreed on, the organizational
10-8 meeting of the directors shall be at the Washington County
10-9 Courthouse.
10-10 SECTION 15. CONFIRMATION ELECTION. (a) The initial board
10-11 of directors shall call and hold, on the same date in each county
10-12 to be included in the district, an election to confirm the creation
10-13 of the district.
10-14 (b) Except as provided by this section, a confirmation
10-15 election must be conducted as provided by Sections 36.017, 36.018,
10-16 and 36.019, Water Code, and Section 41.001, Election Code.
10-17 (c) If the majority of qualified voters in a county who vote
10-18 in the election vote to confirm the creation of the district, that
10-19 county is included in the district. If the majority of qualified
10-20 voters in a county who vote in the election vote not to confirm the
10-21 creation of the district, that county is excluded from the
10-22 district.
10-23 (d) If the creation of the district is not confirmed by an
10-24 election held under this section before the second anniversary of
10-25 the effective date of this Act, the district is dissolved and this
10-26 Act expires on that date.
10-27 SECTION 16. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
11-1 (a) The proper and legal notice of the intention to introduce this
11-2 Act, setting forth the general substance of this Act, has been
11-3 published as provided by law, and the notice and a copy of this Act
11-4 have been furnished to all persons, agencies, officials, or
11-5 entities to which they are required to be furnished by the
11-6 constitution and other laws of this state, including the governor,
11-7 who has submitted the notice and Act to the Texas Natural Resource
11-8 Conservation Commission.
11-9 (b) The Texas Natural Resource Conservation Commission has
11-10 filed its recommendations relating to this Act with the governor,
11-11 the lieutenant governor, and the speaker of the house of
11-12 representatives within the required time.
11-13 (c) All requirements of the constitution and laws of this
11-14 state and the rules and procedures of the legislature with respect
11-15 to the notice, introduction, and passage of this Act are fulfilled
11-16 and accomplished.
11-17 SECTION 17. EFFECTIVE DATE. This Act takes effect September
11-18 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3655 was passed by the House on
April 27, 2001, by a non-record vote; and that the House concurred
in Senate amendments to H.B. No. 3655 on May 25, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3655 was passed by the Senate, with
amendments, on May 22, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor