SPECIAL DISTRICTS CODE
SUBTITLE H. DISTRICTS GOVERNING GROUNDWATER
CHAPTER 8801. HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
§ 8801.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Harris-Galveston Coastal
Subsidence District.
(4) "Groundwater" means water located beneath the
earth's surface. The term does not include water produced with oil
in the production of oil and gas.
(5) "Subsidence" means the lowering of the elevation
of the surface of land by groundwater withdrawal.
(6) "Water conservation" means a measure that seeks to
make a water supply available for alternative or future use. The
term includes best management practices, improved efficiency or
accountability, recycling, reuse, pollution prevention, and
reduction in consumption, loss, or waste.
(7) "Well" means a facility, device, or method used to
withdraw groundwater from the groundwater supply.
(8) "Well owner" means a person who has an ownership
interest in a well, operates a well, owns land on which a well is
located, or owns the water withdrawn or to be withdrawn from a well.
(9) "Withdrawal" means the act of extracting by
pumping or some other method.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.002. NATURE OF DISTRICT. The district is a
groundwater conservation district created under Section 59,
Article XVI, Texas Constitution, and is essential to accomplish the
purposes of that section.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.003. PURPOSE; LEGISLATIVE INTENT. (a) The
purpose of this chapter is to provide for the regulation of
groundwater withdrawal in the district to end subsidence, which
contributes to or precipitates flooding or overflow of the
district, including rising water resulting from a storm or
hurricane.
(b) The legislature intends that the district shall
administer and enforce this chapter and exercise the district's
rights, powers, and duties in a manner that will effectively and
expeditiously accomplish the purpose of this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.004. FINDINGS OF BENEFIT AND PUBLIC
PURPOSE. (a) The district is created to serve a public use and
benefit.
(b) The works and projects accomplished by the district
under powers conferred by Section 59, Article XVI, Texas
Constitution, will benefit all the land and other property included
in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.005. DISTRICT TERRITORY. The district includes
the territory located within the boundaries of Harris County and
Galveston County, as that territory may have been modified under:
(1) Section 8801.006 or its predecessor statute,
former Section 151.003(b), Water Code;
(2) Subchapter J, Chapter 36, Water Code; or
(3) other law.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.006. ADDITION OF ADJACENT COUNTY TO
DISTRICT. (a) A county adjoining the district may be added to the
district:
(1) on application by the commissioners court of the
adjoining county; and
(2) by complying with the procedures provided by
Subchapter K, Chapter 36, Water Code.
(b) A county added to the district under this section is
subject to this chapter and the jurisdiction of the board.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER B. DISTRICT ADMINISTRATION
§ 8801.051. DIRECTORS. (a) The district is governed
by a board composed of 19 directors appointed as provided by this
section. Directors serve for two-year, staggered terms. A
director must be a qualified voter of the district.
(b) The mayor of the municipality with the largest
population of any municipality in the district shall appoint six
directors from that municipality. One of those directors must be a
representative of industry.
(c) The mayor of the municipality with the second largest
population of any municipality in the district shall appoint one
director from that municipality.
(d) The mayors of all municipalities in Galveston County
shall jointly appoint two directors from those municipalities.
(e) The mayor of Baytown shall appoint one director from the
municipality of Baytown.
(f) The Commissioners Court of Harris County shall appoint
three directors who are not residents of the municipality that has
the largest population of any municipality in the district. One of
those directors must be a representative of agriculture, one must
be a representative of industry, and one must be a representative of
municipal utility districts and a resident of a municipal utility
district in the district.
(g) The Commissioners Court of Galveston County shall
appoint three directors. One of those directors must be a
representative of municipal utility districts and a resident of a
municipal utility district in the district.
(h) The president of the Clear Lake City Water Authority and
the mayors of the municipalities of Deer Park, Galena Park, La
Porte, Nassau Bay, and Seabrook shall jointly appoint one director
from Harris County.
(i) The mayors of the municipalities of West University
Place, Southside Place, Bellaire, and Jacinto City shall jointly
appoint one director from Harris County.
(j) The mayors of the municipalities of Humble, Piney Point
Village, Hedwig Village, Bunker Hill Village, Hunters Creek
Village, Hilshire Village, and Spring Valley shall jointly appoint
one director from Harris County.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.052. APPOINTMENT OF DIRECTORS ON ADDITION OF
COUNTY TO DISTRICT. (a) On addition of a county to the district
under Section 8801.006, two directors are added to the board as
follows:
(1) the commissioners court of the county added to the
district shall appoint one director; and
(2) the mayor of the municipality that has the largest
population in the added county shall appoint one director.
(b) The directors added to the board under Subsection (a)
shall draw lots to establish staggered terms of office.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.053. BOARD POWERS AND DUTIES. In addition to the
powers and duties described in this chapter, the board has all other
powers necessary or convenient to carry out its responsibilities
and accomplish the purpose of this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.054. OFFICERS. Each year, at the first meeting
after the new directors take office, the directors shall select
from among the directors a president, a vice president, and a
secretary.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.055. MEETINGS. The board shall hold regular
meetings once each month at a time set by the board. The board may
hold special meetings at the call of the president or on the written
request of at least three directors.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.056. VACANCIES. If a vacancy occurs on the
board, a person representing the same area as the vacating director
shall be appointed as provided by Section 8801.051 to serve the
unexpired term.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.057. GENERAL MANAGER. (a) The board shall
employ a general manager, who serves as the chief administrative
officer of the district.
(b) The duties of the general manager include:
(1) administering board orders;
(2) coordinating with state, federal, and local
agencies;
(3) overseeing development of district plans and
programs; and
(4) performing other duties assigned by the board.
(c) The board shall determine the compensation and terms of
office and employment for the general manager.
(d) The board by majority vote may discharge the general
manager.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.058. EMPLOYEES; BOND. (a) The general manager
shall employ persons necessary to properly handle district business
and operation. The general manager may employ attorneys,
bookkeepers, engineers, and other expert and specialized personnel
considered necessary.
(b) The general manager shall determine the compensation
paid to district employees.
(c) The general manager may discharge a district employee.
(d) The board shall require an employee who collects, pays,
or handles district funds to furnish a good and sufficient bond.
The bond must be in an amount sufficient to safeguard the district
and must be:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
employee's duties and on accounting for all district funds and
property in the employee's hands.
(e) The district shall pay for the bond described by
Subsection (d).
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
§ 8801.101. DISTRICT POWERS AND DUTIES. (a) Except as
provided by Sections 8801.102 and 8801.103, the district has all of
the rights, powers, privileges, authority, functions, and duties
provided by the general laws of this state, including Chapter 36,
Water Code, that are applicable to groundwater conservation
districts created under Section 59, Article XVI, Texas
Constitution.
(b) This chapter prevails over any other law in conflict or
inconsistent with this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.102. EXEMPTIONS. Sections 36.104, 36.114,
36.117, and 36.201-36.204, Water Code, do not apply to the
district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.103. SALE OR DISTRIBUTION OF WATER
PROHIBITED. The district may not sell or distribute surface water
or groundwater for any purpose.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.104. AUTHORITY TO COMPEL TESTIMONY, ADMINISTER
OATHS, AND ISSUE SUBPOENAS. If necessary to carry out its powers,
duties, and functions under this chapter, the board may:
(1) compel the testimony of a person;
(2) administer an oath to a person compelled to
testify before the board or a person designated by the board; and
(3) issue a subpoena to compel the testimony of a
person and the production of a document.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.105. REPRESENTATION BY ATTORNEY GENERAL. The
attorney general shall defend the district in suits brought against
the district in all district and appellate courts of this state and
in the courts of the United States.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.106. GRANTS; CONTRACTS. The district may make
or accept a grant, gratuity, advance, or loan in any form to or from
any public source approved by the board, including a governmental
entity, and may enter into a contract, agreement, or covenant that
the board considers appropriate in connection with a grant,
gratuity, advance, or loan.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.107. COOPERATION WITH GOVERNMENTAL ENTITIES. In
implementing this chapter, the board may request the assistance of
and cooperate with a local government or an agency of this state or
of the United States.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.108. RULES. (a) After notice and hearing, the
board shall adopt rules designed to expeditiously and effectively
implement this chapter and accomplish its purpose, including rules
governing procedures before the board. The board shall enforce the
rules.
(b) The board shall compile its rules in a book and make the
rules available for use and inspection at the district's principal
office.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.109. HEARINGS. (a) Board hearings must be
conducted as provided by this section and Section 8801.110.
(b) At a regular meeting of the board, the board shall set
the dates, times, and locations for hearings to be held under this
chapter. The board may hold hearings at any location in the
district and may recess a hearing from day to day.
(c) A person may appear at a hearing and present testimony,
evidence, exhibits, or other information in person or by counsel,
or both.
(d) The board may use hearing examiners to hear a subject
set for the hearing, but the board must make the decision on the
subject. Procedures for use of hearing examiners shall be provided
by rule.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.110. NOTICE OF HEARINGS. (a) Except as
provided by this section, notice of hearings shall be provided
according to Chapter 551, Government Code.
(b) At a meeting at which the board sets a hearing, the board
shall direct the general manager of the district to give notice of
the hearing.
(c) Written notice must be given to:
(1) each county and municipal government in the
district; and
(2) each person that the board believes has an
interest in the subject matter of the hearing.
(d) Notice of a hearing must be published at least once in a
newspaper of general circulation in each county in the district.
(e) A copy of the notice must be posted in the place where
notices are usually posted at the county courthouse of each county
in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.111. DISTRICT PLAN. (a) The board shall
formulate a plan to control and prevent subsidence in the district.
(b) The plan must:
(1) reduce groundwater withdrawals to amounts that
will restore and maintain sufficient artesian pressure to control
and prevent subsidence; and
(2) specify in as much detail as practicable the acts,
procedures, performance, and avoidance that are necessary to
accomplish the purpose of this chapter.
(c) Information gathered for formulating the plan must
include:
(1) a list of all wells in the district that are
subject to regulation under this chapter;
(2) a list of all available sources of water, other
than groundwater, in the district;
(3) the purposes for which the water described by
Subdivision (2) is used and for which it is proposed to be used;
(4) accurate estimates of:
(A) groundwater withdrawal from all wells or
proposed wells in the district;
(B) the amount of groundwater that may be
withdrawn from each area in the district without causing a
reduction of artesian pressure that will lead to subsidence in the
district; and
(C) current and future water needs in the
district;
(5) information relating to formulating a permit
system; and
(6) other information and material necessary to manage
groundwater in the district and to effectively and expeditiously
accomplish the purpose of this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.112. ADOPTION OF DISTRICT PLAN. (a) The board
shall hold a hearing to consider a plan formulated under Section
8801.111.
(b) After the hearing, the board shall:
(1) make any changes it considers necessary according
to evidence and material presented at the hearing; and
(2) adopt the plan.
(c) The board may amend or repeal a plan adopted under this
section and may adopt a new plan as provided by this section for the
adoption of the original plan.
(d) An adopted plan remains in effect until a new plan is
adopted.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.113. WATER CONSERVATION MEASURES. (a) The
board may adopt rules requiring the use of water conservation
measures to reduce groundwater withdrawals.
(b) The district may cooperate with the commission and any
local government to establish water conservation goals,
guidelines, and plans to be used in the district.
(c) The district may contract with a local government in the
district to provide services needed to meet water conservation
requirements that the commission establishes.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.114. DISTRICT RESEARCH. The district may
conduct studies and research that the board considers necessary to
implement this chapter. In conducting studies and research, the
district may use the services of geologists, hydrologists, licensed
engineers, or other expert personnel.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.115. STUDIES BY BOARD STAFF. At least once each
year and at any other time the board considers necessary, the board
shall have its staff and, if necessary, the staff of the Texas Water
Development Board make a complete study of the groundwater in the
district and determine:
(1) the water level;
(2) the rates and amounts of groundwater withdrawal;
and
(3) other information relating to groundwater
withdrawal that may effect subsidence in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.116. ACCESS TO PROPERTY. (a) To perform
technical and other investigations needed to implement this
chapter, the board and its agents and employees are entitled to
access to all property in the district.
(b) Before entering property for the purposes of this
section, the person seeking access shall:
(1) give notice to the owner of the property as
provided by district rules; and
(2) present proper credentials.
(c) The board and its agents and employees who enter private
property shall observe the establishment's rules concerning
safety, internal security, and fire protection.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.117. ANNUAL GROUNDWATER WITHDRAWAL
DETERMINATION. (a) Not later than March 31 of each year, the
board shall hold a hearing to determine the effects of groundwater
withdrawal during the preceding calendar year on subsidence in the
district.
(b) At the hearing, the board shall consider information
provided under Sections 8801.115 and 8801.162 and information
presented by persons appearing before the board.
(c) After the hearing, the board shall:
(1) consider all information presented to it;
(2) determine groundwater withdrawal in the district
during the preceding calendar year; and
(3) make findings on the effects of groundwater
withdrawal during the preceding calendar year on subsidence in the
district.
(d) The board's findings and determinations under
Subsection (c) shall be included in a report adopted by the board.
The board shall make the report available for examination by any
interested person.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.118. MONITORING AND SUPERVISION BY
DISTRICT. The district may use subsidence compaction monitors,
water-level observation wells, and other materials and equipment to
determine the amount of groundwater that may be withdrawn while
allowing groundwater to rebound and stabilize to a level that will
halt subsidence.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.119. REGULATION OF SPACING AND GROUNDWATER
WITHDRAWAL. (a) To minimize as far as practicable the drawdown of
the water table and the reduction of artesian pressure and to
control and prevent subsidence, the board may provide for the
spacing of wells in the district and may regulate groundwater
withdrawal from wells, taking into consideration the economic
impact on well owners, the resulting effect on subsidence, and
other relevant factors.
(b) Before issuing an order or rule under this section, the
board shall set a hearing on the proposed order or rule.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.120. WATER-METERING DEVICES. The board may
require water-metering devices to be placed on wells in the
district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER D. REGULATORY PROVISIONS
§ 8801.151. GROUNDWATER WITHDRAWALS SUBJECT TO BOARD
RULE. Groundwater withdrawals governed by this chapter are
subject to reasonable board rules and orders, taking into account
all factors, including availability of surface water, economic
impact on persons and the community, degree and effect of
subsidence on the surface of land, and differing topographical and
geophysical characteristics of land areas in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.152. CERTAIN WELLS EXEMPT. The regulatory
provisions of this chapter do not apply to:
(1) a well regulated under Chapter 27, Water Code;
(2) a well with a casing diameter of less than five
inches that serves a single-family dwelling; and
(3) any other well as provided by board rule.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.153. RESTRICTION ON REQUIREMENTS FOR CERTAIN
MUNICIPALITIES. The board may require a municipality with a
population of less than 100,000 to reduce its groundwater
withdrawal by more than 50 percent in a three-year period only if
the board determines at a public hearing that the reduction:
(1) would not cause the municipality to have an
inadequate supply of water for its residents; and
(2) would not cause an increase of 50 percent or more
in water rates for the municipality or its residents.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.154. WELL REGISTRATION. The board by rule may
require the registration of any well in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.155. PERMIT REQUIRED. The owner or operator of a
well located in the district must obtain a permit from the board
before:
(1) drilling, equipping, or completing the well;
(2) substantially altering the size of the well or a
well pump; or
(3) operating the well.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.156. APPLICATION FOR PERMIT. (a) A person must
submit an application to the board to obtain a permit under this
chapter.
(b) The application must state:
(1) the name and address of the person requesting the
permit;
(2) the location and wellhead elevation of the well or
proposed well;
(3) the amount of water being withdrawn or proposed to
be withdrawn; and
(4) any other information necessary for the board to
control and prevent subsidence in the district.
(c) The board shall set a reasonable fee for processing an
application. The application must be accompanied by the fee.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.157. NOTICE AND HEARING ON PERMIT. (a) On
receiving an application for a permit, the board shall issue notice
and set a time for a hearing on the application.
(b) The board must give notice of the date, time, and
location of the hearing to the applicant by certified mail, return
receipt requested.
(c) The board may consider as many applications for permits
as necessary at a hearing.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.158. ISSUANCE OF PERMIT. (a) Within a
reasonable period after a permit hearing under Section 8801.157,
but not later than the 60th day after the date of the hearing, the
board shall:
(1) decide whether to issue the permit; and
(2) set the terms of the permit if it decides to issue
the permit.
(b) In deciding whether to issue a permit and in setting the
terms of the permit, the board shall consider:
(1) the purpose of this chapter;
(2) the district plan;
(3) the quality, quantity, and availability of surface
water at prices that are competitive with prices charged by
suppliers of surface water in the district;
(4) the economic impact on the applicant of a decision
to issue or deny the permit, or of the permit terms, in relation to
the effect on subsidence that would result;
(5) the applicant's use of water conservation
measures; and
(6) all other relevant factors.
(c) The board shall issue a permit to an applicant if, on
presentation of adequate proof, the board finds that:
(1) there is no other adequate and available
substitute or supplemental source of surface water at prices
competitive with the prices charged by suppliers of surface water
in the district; and
(2) compliance with any provision of this chapter or
any district rule will result in an arbitrary taking of property or
in the practical closing and elimination of a lawful business,
occupation, or activity without sufficient corresponding benefit
or advantage to the public.
(d) The permit must state the terms prescribed by the board.
The permit must include:
(1) the name and address of the person to whom the
permit is issued;
(2) the location of the well;
(3) the date the permit expires;
(4) conditions and restrictions placed on groundwater
withdrawal; and
(5) other terms necessary to control and prevent
subsidence.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.159. TERM OF PERMIT. (a) A permit issued under
this chapter may be for a term not to exceed five years as set by the
board.
(b) A permit does not become a vested right of the permit
holder. The board may revoke or suspend a permit or amend its terms
after notice and hearing when reasonably necessary to accomplish
the purpose of this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.160. RENEWAL OF PERMIT. The board may renew a
permit for a well in the manner provided for obtaining the original
permit.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.161. PERMIT FEES. (a) When the board issues or
renews a permit, the board shall collect a permit fee from the
applicant. The fee shall be determined by a schedule based on the
term of the permit and the maximum annual amount of groundwater that
the board authorizes to be withdrawn from the well.
(b) The board shall determine the amount of a permit fee
after a hearing. The fee may not exceed 110 percent of the highest
rate that the City of Houston charges for surface water supplied to
its customers in the district.
(c) The amount of a permit fee applicable to a well used for
irrigating agricultural crops is the lowest of:
(1) 70 percent of the lowest amount determined under
Subsection (b);
(2) 70 percent of a base amount of one cent for each
thousand gallons authorized to be withdrawn, except that the board
may adjust the base amount annually to account for increases since
1992 in the most recently published Consumer Price Index for All
Urban Consumers, All Items (Houston, Texas, Average), as compiled
by the Bureau of Labor Statistics, United States Department of
Labor; or
(3) the amount determined in accordance with
Subsection (d).
(d) At a hearing, the board shall calculate and express as a
percentage the relative contribution to subsidence by wells used
for irrigating agricultural crops and wells used for other
purposes. The board shall use information prepared by the United
States Geological Survey, which is presumed to be correct. The
permit fee for wells used for irrigating agricultural crops must be
such that the percentage of total permit fee revenue that permit fee
revenue from those wells represents equals the percentage that
agricultural use contributes to subsidence.
(e) The board shall use permit fees collected under this
section to pay the cost of issuing permits and performing other
regulatory functions.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.162. ANNUAL REPORT. Before January 31 each year,
a well owner who holds a permit under this chapter shall submit to
the board a report stating:
(1) the well owner's name;
(2) the total amount of groundwater withdrawn from the
well during the preceding 12-month period;
(3) the total amount of groundwater withdrawn from the
well during each month of the preceding 12-month period;
(4) the purpose for which the groundwater was used;
and
(5) any other information the board considers
necessary.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.163. CONVERSION TO SURFACE WATER. (a) In this
section, " alternative water supply" means a water supply that a
person needs to acquire from sources other than the person's own
groundwater supply to comply with a board order issued under this
section.
(b) The board may issue an order requiring a person to
completely or partially discontinue the use of groundwater only if
the person is able to acquire a water supply composed of surface
water needed to replace the water supply covered by the order.
(c) A notice of public hearing must inform a person when the
board will consider an order to convert to surface water.
(d) In addition to the percentage of groundwater that a
board order authorizes a person to use, the person may use in the
current permit year a percentage of groundwater that is equal to the
percentage result of multiplying the annual average percentage of
groundwater, as determined under Section 8801.164(d), delivered to
the person during the preceding permit year by the total percentage
of alternative water supply required by the board's order for the
current year.
(e) This section does not limit the board's authority to
issue an order or adopt a rule requiring a person to reduce
groundwater use by eliminating waste or implementing water
conservation.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.164. MONITORING OF ALTERNATIVE WATER
SUPPLY. (a) In this section, "alternative water supply" has the
meaning assigned by Section 8801.163.
(b) If a person who is issued an order under Section
8801.163 acquires an alternative water supply and files with the
commission a written request for monitoring the supply, the
commission shall monitor annually the water delivered to the person
from the date of the request to the expiration of the annual permit
to determine the percentage of the water that is surface water and
the percentage that is groundwater.
(c) If required under Subsection (b) to monitor water
deliveries, the commission shall monitor the deliveries at random
times at all points of connection between the purchaser's and
seller's water systems. Samples taken through monitoring must be
analyzed by water chemists employed by or contracting with the
commission. The water chemist making each analysis shall issue a
certified written analysis of the percentages of surface water and
groundwater included in the sample.
(d) Not later than the 15th day after the last day of each
permit year, the commission shall issue a certified written
analysis based on all samples collected that states the annual
average percentages of surface water and groundwater that the
seller provided to the purchaser for the permit year.
(e) The commission shall make results of an analysis under
this section available on request to the purchaser, seller, or
board.
(f) The commission shall assess reasonable fees to cover the
costs of water sampling and analysis under this section. The
commission shall assess one-half of the fees to the purchaser and
one-half to the seller.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER E. APPEAL AND ENFORCEMENT PROVISIONS
§ 8801.201. APPEAL OF SURFACE WATER RATES. (a) A
person who is required to convert to surface water under this
chapter and who purchases that water supply wholesale from a
political subdivision as defined by Section 12.013(b), Water Code,
may appeal to the commission the rates the political subdivision
charges to the person. Chapter 12, Water Code, and rules adopted
under that chapter apply to an appeal under this section.
(b) The commission shall hear the appeal not later than the
180th day after the date the appeal is filed.
(c) The commission shall issue a final decision on the
appeal not later than the 60th day after the date the hearing ends.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.202. APPEAL OF DISTRICT ACTIONS. (a) A person
who is adversely affected by a rule, order, or other official action
of the district under this chapter, including a person residing in
or owning real property in the district whose residence or real
property is subsiding, may appeal the action in a district court in
any county in the district. An appeal under this section must be
filed not later than the 45th day after the date the action is
taken.
(b) On a written request from a person residing in or owning
real property in the district, the board shall make written
findings and conclusions regarding a rule, order, or other official
action of the district. The board shall provide certified copies of
those findings and conclusions to the person not later than the 35th
day after the date the board receives the request.
(c) An appeal under this section is governed by the
substantial evidence rule as provided by Subchapter G, Chapter
2001, Government Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.203. ALTERNATIVE APPEAL OF CERTAIN DISTRICT
ACTIONS TO COMMISSION. (a) As an alternative to the appeal
procedure provided by Section 8801.202, a person who is granted a
permit authorizing groundwater withdrawal in an amount less than
the person requested may appeal the board's final decision to the
commission. The person must file the appeal not later than the 60th
day after the date the board issues its final order.
(b) On a written request from a person proposing to appeal
an order under this section, the board shall make written findings
and conclusions regarding the order. The board shall provide
certified copies of the findings and conclusions to the person not
later than the 35th day after the date the board receives the
request.
(c) The effect of a board order is stayed until the
commission's decision on an appeal under this section is final.
(d) An appeal to the commission under this section is
governed by the substantial evidence rule as provided by Subchapter
G, Chapter 2001, Government Code.
(e) The commission may:
(1) adopt rules necessary to implement this section;
and
(2) adopt and assess reasonable and necessary fees
adequate to recover the commission's costs in administering this
section.
(f) An appeal of a final commission decision is to a
district court in Travis County. The appeal shall be under the
substantial evidence rule. A party appealing a decision of the
district court is not required to provide an appeal bond.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 8801.204. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If
it appears that a person has violated or is violating or threatening
to violate this chapter or a rule, permit, or other order of the
district issued or adopted under this chapter, the district may
institute an action in a district court in the district for:
(1) injunctive relief to restrain the person from
continuing the violation or threat of violation;
(2) the assessment and recovery of a civil penalty of
not less than $50 and not more than $5,000 for each violation and
for each day of a continuing violation; or
(3) both injunctive relief and civil penalties.
(b) On application for injunctive relief and a finding that
a person is violating or threatening to violate this chapter or a
rule, permit, or other order of the district under this chapter, the
district court shall grant injunctive relief as the facts warrant.
(c) At the request of the board, or the general manager if
authorized by the board, the attorney general shall institute and
conduct an action in the name of the district for injunctive relief
or to recover a civil penalty, or both.
(d) The district is not required to post a bond or other
security with the court.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
