Title SD, Special District Local Laws Code

Sec. 8856.005. INITIAL DISTRICT TERRITORY. The initial boundaries of the district are coextensive with the boundaries of Collin, Cooke, and Denton Counties. Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.

Sec. 8856.006. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW. Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district. Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.

Sec. 8856.007. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed to achieve the legislative intent and purposes of Chapter 36, Water Code. A power granted by Chapter 36, Water Code, or this chapter shall be broadly interpreted to achieve that intent and those pur…

Sec. 8856.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of six or nine directors appointed as provided by this section. (b) If the Commissioners Courts of Collin, Cooke, and Denton Counties confirm the inclusion of those counties in the district, nine direct…

Sec. 8856.052. DIRECTOR ELIGIBILITY; QUALIFICATION. (a) To be eligible to serve as a director, a person must be a registered voter in the appointing county. (b) Each director must qualify to serve in the manner provided by Section 36.055, Water Code. Added by Acts 2009, 81st Leg.…

Sec. 8856.053. VACANCIES. If a vacancy occurs on the board, the commissioners court that appointed the director who vacated the office shall appoint a person to fill the vacancy in a manner that meets the representational requirements of Section 8856.051. Added by Acts 2009, 81st…

Sec. 8856.054. COMPENSATION; REIMBURSEMENT. (a) Notwithstanding Sections 36.060(a) and (d), Water Code, a director may not receive compensation for performing the duties of director. (b) A director is entitled to reimbursement of actual expenses reasonably and necessarily incurre…

Sec. 8856.055. BOARD CHAIR. The board shall select one of its members to serve as the chair for a two-year term. The position of chair must rotate among the counties in the district every two years in alphabetical order by county. Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B…

Sec. 8856.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. Except as provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created und…

Sec. 8856.102. CONTRACTS. The district may enter into a contract with any person, public or private, for any purpose authorized by law. Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.

Sec. 8856.103. APPLICABILITY OF DISTRICT REGULATIONS. Groundwater regulation under this chapter applies to all persons except as exempted from the requirement to obtain a permit for a well under Section 36.117, Water Code, or this chapter. Added by Acts 2009, 81st Leg., R.S., Ch.…

Sec. 8856.104. WELL SPACING RULES; EXEMPTIONS. (a) Except as provided by Subsection (b), the district shall exempt from the well spacing requirements adopted by the district any well that is completed on or before the effective date of those requirements. (b) The district may pro…

Sec. 8856.105. REGISTRATION AND REPORTING REQUIREMENTS FOR CERTAIN EXEMPT WELLS. The district may adopt rules that require the owner or operator of a well or class of wells exempt from permitting under Section 36.117, Water Code, to register the well with the district and, except…

Sec. 8856.106. ENFORCEMENT. (a) The district may enforce this chapter in the manner provided by Chapter 36, Water Code. In lieu of a remedy available to the district under Section 36.102, Water Code, or in addition to those remedies, the district may impose a fee in addition to a…

Sec. 8856.107. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8856.151. TAXES PROHIBITED. The district may not impose a tax. Sections 36.020(a) and 36.201-36.204, Water Code, do not apply to the district. Added by Acts 2009, 81st Leg., R.S., Ch. 248 (S.B. 2497), Sec. 1, eff. May 27, 2009.

Sec. 8856.152. DISTRICT REVENUES. (a) The district by rule, resolution, or order may establish, amend, pledge, encumber, expend the proceeds from, and assess to any person production fees based on the amount of groundwater authorized by permit to be withdrawn from a well or on th…