By: Nevárez H.B. No. 4123
A BILL TO BE ENTITLED
AN ACT
Relating to the creation of the Val Verde County Groundwater
Conservation District; providing authority to impose fees and
taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION. A groundwater conservation district,
to be known as the Val Verde County Groundwater Conservation
District, is created in Val Verde County, subject to approval at a
confirmation election under Section 7 of this Act.
SECTION 2. FINDINGS OF BENEFIT. (a) The district is created
to serve a public use and benefit.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(c) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 3. CONTINUTING PROVISIONS OF DISTRICT. Subtitle H,
Title 6, Special District Local Laws Code, is amended by adding
Chapter 01 to read as follows:
CHAPTER 01. VAL VERDE COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 01.001 DEFINITIONS. In this chapter:
(1) "Agricultural use" means any use or activity involving
agriculture, including irrigation.
(2) "Agriculture" means any of the following activities:
(A) cultivating the soil to produce crops for human
food, animal feed, or planting seed or for the production of fibers;
(B) the practice of floriculture viticulture,
silviculture, and horticulture, including the cultivation of
plants in containers of nonsoil media, by a nursery grower;
(C) raising, feeding, or keeping animals, other than
fish, for breeding purposes or for the production of food or fiber,
leather, pelts, or other tangible products having a commercial
value;
(D) planting cover crops, including cover crops
cultivated for transplantation, or leaving land idle for the
purpose of participating in any governmental program or normal crop
or livestock rotation procedure;
(E) wildlife management, including hunting, fishing,
sightseeing, bird watching and other outdoor recreational
activities; and
(F) raising or keeping equine animals.
(3) "Board" means the board of directors of the district.
(4) "Director" means a member of the board.
(5) "District" means the Val Verde County Groundwater
Conservation District.
(6) "Domestic use" means use in the district of water by a
person owning the well from which the water is withdrawn and by that
person's household, employees, tenants, licensees or guests for:
(A) drinking, washing, or culinary purposes;
(B) irrigation of lawns;
(C) irrigation of a family garden or orchard the
produce of which is for household consumption only;
(D) swimming pools, decorative ponds, or fountains on
the person's property or;
(E) watering of domestic animals not raised,
maintained, or sold for commercial purposes.
(7) "Greatest water usage" means the highest sum for a given
calendar year of: (i) groundwater produced; and (ii) water used
pursuant to a water right as defined in Section 11.002(5), Water
Code.
(7) "Political subdivision" means a county, municipality,
or other body politic or corporate of the state, including a
district or authority created under Section 52, Article III, or
Section 59, Article XVI, Texas Constitution, a state agency, or a
nonprofit water supply corporation created under Chapter 67, Water
Code.
(8) "Retail public utility" means an entity defined in
Section 13.002(19), Water Code.
(9) "Del Rio Certificate of Adjudication" means the
Certificate of Adjudication No. 23-2672 issued by the Texas Water
Commission to the City of Del Rio on August 15, 1983.
SEC. 01.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Val Verde County created under
Section 59, Article XVI, Texas Constitution.
SEC. 01.003. DISTRICT PURPOSE. The district is created to:
(1) provide for the protection, recharging,
conserving, protecting, and prevention of waste of groundwater in
Val Verde County;
(2) control subsidence caused by the withdrawal of
water from the groundwater in Val Verde County;
(3) regulate the transport of groundwater out of the
boundaries of the district;
(4) regulate pumping in the district to protect spring
flow, base flow and drawdown;
(5) implement conservation plans and pumping
reduction when conditions warrant action to protect spring flow,
base flow and drawdown; and
(6) manage the issuance of permits, by requiring
studies and groundwater availability model analysis of permit
applications, that include conservation triggers that mitigate
impact to spring flow, base flow and drawdown.
SUBCHAPTER B. TERRITORY
Sec. 01.004. BOUNDARIES. The boundaries of the district
are coextensive with the boundaries of Val Verde County, Texas.
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 01.101. BOARD. The board shall be governed by five
directors.
Sec. 01.102. METHOD OF APPOINTING SELECTING DIRECTORS:
(a) The directors of the district shall be appointed or
elected as provided by this section.
(b) One (1) director shall be appointed by the City Council
of the City of Del Rio, Texas.
(c) One (1) director shall be appointed by the Commissioners
court of Val Verde County, Texas.
(d) One (1) director shall be elected at-large by the voters
of Val Verde, County.
(e) One (1) director shall be elected by the voters of
Commissioner Precincts 2 and 3, combined, of the Commissioners
Court of Val Verde County, as such precincts may be redrawn from
time to time by such Commissioners Court.
(f) One (1) director shall be elected by the voters of
Commissioner Precincts 1 and 4, combined, of the
Commissioners Court of Val Verde County, as such
precincts may be redrawn from time to time by such
Commissioners Court
(g) To be eligible to serve as a director, a person must be a
registered voter of Val Verde County, Texas.
(h) Elections for the director positions in subsections
(d)-(f) of this Section shall be held in even-numbered years on the
uniform election date in November.
Sec. 01.103. TERMS.
(a) Directors serve staggered four-tear terms and may serve
consecutive terms.
(b) Directors shall draw lots to determine which three
directors shall serve a term expiring December 1 of the year two
years after the date of the election in which the district is
confirmed and which two directors shall serve a term expiring
December 1 of the year four years after the date of the election in
which the district is confirmed.
Sec. 01.104. VACANCIES. If there is a vacancy on the board,
the board shall appoint a director to serve the remainder of the
term.
Sec. 01.105 COMPENSATION. (a) A director is not entitled to
receive fees of office for performing the duties of a director.
(b) The board may authorize a director to receive
reimbursement for the director's reasonable expenses incurred
while engaging in activities outside the district on behalf of the
board.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 01.150. POWERS AND DUTIES. Except as otherwise
provided by this chapter, the district has all of the rights,
powers, privileges, authority, 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.
Sec. 01.151 PERMITS TO PUMP GROUNDWATER.
(a) The district by rule shall:
(1) require a person to obtain a permit from the
district to pump groundwater unless exempted under other sections
of this legislation; and
(2) regulate the terms of a transfer of groundwater
out of the district.
(b) The district shall develop rules under this section
that:
(1) are consistent with the requirements of Section
36.122, Water Code, except as otherwise provided in Section
01.202(c) of this legislation; and
(2) provide for reduction and curtailment of
groundwater pumping to protect spring flow, base flow and drawdown;
and
(3) do not, in any event, seek to reduce or curtail
usage or production under a water right as defined in Section
11.002(5), Water Code, including the Del Rio Certificate of
Adjudication.
(c) To implement the rules developed under 01.151(b)(2) of
this legislation, the district may make and enforce rules as
authorized under Section 36.101(a), Water Code, and to the extent
not otherwise authorized by Section 36.101(a), limit groundwater
production based on acreage, tract size, spacing of wells, or the
service area of a public water supplier.
(c-1) Any district rules or enforcement of rules requiring
reductions or curtailments on the production of groundwater
otherwise authorized by permit shall be applied proportionally to
all such permitted production.
(d) For better management of the groundwater resources
located in the district, if the district determines that conditions
in or use of an aquifer differ substantially from one geographic
area of the district to another, the district may adopt different
rules regulating production from management zones based on acreage,
tract size, or the service area of a public water supplier . In
creating management zones, the district may consider:
(1) each aquifer, subdivision of an aquifer, or
geologic strata located in whole or in part within the boundaries of
the district; or
(2) each geographic area overlying an aquifer or
subdivision of an aquifer located in whole or in part within the
boundaries of the district.
Sec. 01.152. PERMITS FOR USE SOLELY INSIDE DISTRICT.
(a) The district shall grant the City of Del Rio a permit in
the city's name that authorizes the city to pump from all city wells
annually a cumulative volume of groundwater that is not less than
the greatest water usage in a calendar year before the date the
district is confirmed. The permit shall be for use solely inside the
district.
(b) In addition to the permit in Section 01.152(a), the
district shall grant a permit to each existing political
subdivision and retail public utility in the district that
authorizes each such political subdivision and retail public
utility to pump from its wells annually a volume of water that is
not less than the greatest water usage by such political
subdivision and retail public utility in a calendar year before the
date the district is confirmed. The permit shall be for use solely
inside the district.
(c) Nothing in this section, or in Section 01.053(a)(1),
shall be considered a limitation under Section 36.122(c), Water
Code, on the district's authority to establish permit conditions
for transporters.
Sec. 01.153. EXEMPTIONS. (a) The district shall not
require a person to obtain a permit from the district for
groundwater production from a well if the well is not capable of
producing more than 72,000 gallons a groundwater a day and the
groundwater is used inside the district.
(a-1) Nothing in Section 01.153(a) makes Section 36.113(a), Water
Code, inapplicable in the district.
(b) An owner of a well described in this section may be
required to register the well with the district.
(c) An owner of a well is entitled to a permit exemption
under this section only if water from the well is used solely inside
the district. If any water from a well is directly or indirectly
(other than through an agricultural crop) used outside the
district, the well owner must obtain a permit for its production, in
addition to any permits that must be obtained for its use outside
the district.
(d) The district may not require a permit or a permit
amendment for maintenance or repair of a well if the maintenance or
repair does not increase the production capabilities of the well to
more than its authorized or permitted production rate.
Sec. 01.154. PROHIBITION OF DISTRICT PURCHASE, SALE, OR
DISTRIBUTION OF WATER. The district may not purchase, sell,
transport, or distribute surface water or groundwater for any
purpose.
Sec. 01.155. PROHIBITION ON DISTRICT USE OF EMINENT DOMAIN.
The district may not exercise the power of eminent domain.
Sec. 01.156. GROUNDWATER FLOW MODEL.
(a) The district shall develop a district specific model
which shall be used in conjunction with joint planning in the
management area process found in Section 36.108 of the Texas Water
Code. Until a subsequent study is determined by the district board
of directors to be more appropriate, the district shall use as its
model the Val Verde County/City of Del Rio Hydrogeological Study
dated May 2014 by EcoKai Environmental, Inc. and William R.
Hutchison, Ph.D, P.E., P.G.
(b) Applicants for transfer will be required to pay for any
cost to run updated modeling of the effects of the proposed pumping
on the aquifer and spring flow, base flow and drawdown. The district
will utilize the information provided by the model in considering
the applications.
(c) The district can require any other permit applicant to
pay for the cost of the model utilization, if it deems the volume of
pumping warrants model review.
Sec. 01.157. WATER CONSERVATION INITIATIVE. The district
may create a water conservation initiative as described by Section
11.32, Tax Code.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 01.201. LIMITATION ON TAXES.
(a) The district may not levy ad valorem taxes at any rate
that exceeds five (5) cents on each $100 of assessed valuation of
taxable property in the district.
(b) Sections 26.04, 26.05 and 26.06 of the Texas Tax Code do
not apply to a tax levied and collected by the District. Instead,
the District must follow the requirements under Section 49.236 of
the Texas Water Code.
Sec. 01.202. FEES.
(a) The board by rule may impose reasonable and equitable
fees on each well:
(1) for which a permit is issued by the district; and
(2) that is not exempt from district regulation.
(b) A production fee may be based on:
(1) the size of column pipe used by the well, or
(2) the amount of water actually withdrawn from the
well, or the amount authorized or anticipated to be withdrawn.
(c) In addition to the production fee authorized under this
section, the district shall assess a reasonable export fee on
groundwater produced from a well and transported outside the
district.
(d) A district may set fees by rule or resolution for
administrative acts of the district such as filing applications,
reviewing and processing permits, conducting permit hearings, cost
of public notices, legal fees, expert fees, hearing facility rental
fees and other fees.
(e) Nothing in this section authorizes the board to impose a
production fee on water used or produced under a water right as
defined in Section 11.002(5), Water Code, including under the Del
Rio Certificate of Adjudication.
SECTION 5. APPOINTMENT OF TEMPORARY DIRECTORS
(a) Not later than the 45th day after the effective date of
this Act:
(1) the Val Verde County Commissioners Court shall
appoint two temporary directors;
(2) the Del Rio City Council shall appoint two
temporary directors; and
(3) the Val Verde County Judge and the Mayor of Del Rio
shall jointly appoint one temporary director.
(b) Temporary directors serve until temporary directors
become initial directors as provided by Section 8 of this Act or
until this Act expires under Section 12, whichever occurs earlier.
(c) Before the confirmation election, the presiding officer
of the district or the presiding officer's designee may represent
the district in the joint planning process found in Section 36.108
of the Texas Water Code and such designee shall be considered a
voting representative.
SECTION 6. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 36.055 of the Texas Water Code, a majority
of the temporary directors shall convene the organizational meeting
of the district at a location within the district agreeable to a
majority of the directors. If no location can be agreed upon, the
organizational meeting shall be at the Val Verde County Courthouse.
SECTION 7. CONFIRMATION ELECTION.
(a) The temporary directors shall hold an election to
confirm the creation of the district.
(b) Except as provided by this section, a confirmation
election must be conducted as provided by Sections 36.017(b)-(i),
Water Code, and the Election Code.
(c) The district may hold a subsequent confirmation
election if the previous confirmation election fails to pass. A
subsequent confirmation election may not be held sooner than one
year after the date of the previous confirmation election.
(d) The confirmation election ballot shall be printed to
permit voting for or against the proposition: "To create the Val
Verde County Groundwater Conservation District and to authorize a
rate not to exceed 5 cents for each $100 valuation of all taxable
property in the district."
(e) The costs of an election held under this chapter may be
paid by Val Verde County and the City of Del Rio.
(f) If the establishment of the district is not confirmed at
an election held under this section before September 1, 2020, the
district is dissolved, except that:
(1) any debts incurred shall be paid;
(2) any assets that remain after the payment of the
debts shall be transferred to Val Verde County and the City of Del
Rio in proportion to the amounts each has contributed to the costs
of the confirmation election and district operations; and
(3) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred.
SECTION 8. INITIAL DIRECTORS
If creation of the district is confirmed at an election held
under Section 7 of this Act, the temporary directors of the district
become the initial directors of the district and serve on the board
of directors until replaced according to Section 01.102.
SECTION 9. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS
(a) The legal notice of the intention to introduce this Act,
setting forth the general substance of this Act, has been published
as provided by law, and the notice and a copy of this Act have been
furnished under Section 59, Article XVI, Texas Constitution, and
Chapter 313
, Government Code.
(b) The governor has submitted the notice and Act to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 10. EXPIRATION
(a) If the creation of the district is not confirmed at a
confirmation election held under Section 7 of this Act before
September 1, 2020, this Act expires on that date.
(b) The expiration of this Act does not affect the liability
of the district to pay any debt incurred or the transfer of any
assets remaining to Val Verde County and the City of Del Rio as
required by Section 7(f) of this Act.
SECTION 11. EFFECTIVE DATE
This Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2015.