WATER CODE
TITLE 5. SPECIAL LAW DISTRICTS
CHAPTER 151. HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
§ 151.001. CREATION.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The Harris-Galveston Coastal Subsidence District is an
underground water conservation district created under and
essential to accomplish the purposes of Article XVI, Section 59, of
the Texas Constitution.
(b) The district is a governmental agency and body politic
and corporate.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.002. DEFINITIONS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Natural Resource
Conservation Commission.
(3) "District" means the Harris-Galveston Coastal
Subsidence District.
(4) "Drill" means drilling, equipping, or completing
wells or substantially altering the size of wells or well pumps.
(5) "Groundwater" means water located beneath the
earth's surface, but does not include water produced with oil in the
production of oil and gas.
(6) "Groundwater-withdrawal year" means the period
beginning January 1 of one year and ending December 31 of that same
year.
(7) "Subsidence" means the lowering in elevation of
the surface of land by the withdrawal of groundwater.
(8) "Water conservation" means any measure that seeks
to make a water supply available for alternative or future uses,
including best management practices, reduction in consumption,
reduction in loss or waste, improved efficiency or accountability,
recycling, reuse, or pollution prevention.
(9) "Well" means a facility, device, or method used to
withdraw groundwater from the groundwater supply within the
district.
(10) "Well owner" means a person who has an ownership
interest in a well, owns land on which a well is located, owns the
water withdrawn or to be withdrawn from a well, or operates a well.
(11) "Withdraw" means the act of extracting
groundwater by pumping or some other method.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.003. BOUNDARIES.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The district includes all of the area located within the
boundaries of Harris County and Galveston County.
(b) Except as provided in this subsection, an adjoining
county may be added to the district on application of the
commissioners court of the adjoining county and by complying with
the procedures provided in Subchapter K, Chapter 36. Any county
added to the district under this subsection is subject to the
jurisdiction of the board and this chapter, and two members shall be
added to the board. One shall be chosen by the commissioners court
of the county added to the district and one shall be chosen by the
mayor of the city that has the largest population in the county that
is added. The two new members shall draw lots to establish
staggered terms of office.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 933, § 3, eff. Sept. 1,
1995.
§ 151.004. PURPOSE AND INTENT; FINDING OF BENEFIT.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The purpose of this chapter is to provide for the
regulation of the withdrawal of groundwater within the boundaries
of the district for the purpose of ending subsidence, which
contributes to or precipitates flooding, inundation, or overflow of
the district, including without limitation rising waters resulting
from storms or hurricanes.
(b) The legislature intends that the district shall
administer and enforce this chapter and shall exercise the
district's rights, powers, and duties in a manner that will
effectively and expeditiously accomplish the purposes of this
chapter.
(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 Article XVI, Section 59, of the Texas Constitution.
The district is created to serve a public use and benefit.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.005. POWERS AND DUTIES IN GENERAL.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The district has all of the rights, powers, privileges,
authority, functions, and duties provided by the general law of
this state, including Chapter 36, applicable to groundwater
conservation districts created under Article XVI, Section 59, of
the Texas Constitution.
(b) Withdrawals of groundwater covered by this chapter are
subject to reasonable rules and orders adopted by the board, 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. The
board has the powers and duties specifically described in this
chapter and all other powers necessary or convenient to carry out
its responsibilities and achieve the purpose of this chapter.
(c) Sections 36.104, 36.114, 36.117, 36.201, 36.202,
36.203, and 36.204 and Subchapter I, Chapter 36, do not apply to the
district.
(d) The district may not sell or distribute surface water or
groundwater for any purpose.
(e) This chapter prevails over any other law in conflict or
inconsistent with this chapter.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 933, § 4, 5, eff. Sept. 1,
1995.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 151.031. BOARD OF DIRECTORS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The district is governed by a board of directors
composed of 19 members who serve for two-year, staggered terms.
(b) The board consists of:
(1) six members from the city in the district having
the largest population of any city in the district, to be appointed
by the mayor of that city, one of these members to be a
representative of industry;
(2) one member from the city in the district having the
next largest population of any city in the district, to be appointed
by the mayor of that city;
(3) two members from all incorporated cities in
Galveston County, appointed by the mayors of those cities;
(4) one member from the city of Baytown, appointed by
the mayor of that city;
(5) three members appointed by the commissioners court
of Harris County, one to be a representative of agriculture, one to
be a representative of industry, and one to be a representative of
municipal utility districts, provided that none of these members is
a resident of the city in the district having the largest
population, and provided that the representative of municipal
utility districts is a resident of a municipal utility district in
the district;
(6) three members appointed by the commissioners court
of Galveston County, one to be a representative of municipal
utility districts, provided that the representative of municipal
utility districts is a resident of a municipal utility district in
the district;
(7) one member from Harris County chosen by the mayors
of the cities of Deer Park, Galena Park, La Porte, Nassau Bay, and
Seabrook and the president of the Clear Lake City Water Authority;
(8) one member from Harris County chosen by the mayors
of the cities of West University Place, Southside Place, Bellaire,
and Jacinto City; and
(9) one member from Harris County chosen by the mayors
of the cities of Humble, Piney Point Village, Hedwig Village,
Bunker Hill Village, Hunters Creek Village, Hilshire Village, and
the village of Spring Valley.
(c) A member of the board must be a resident of and a
qualified voter in the district.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 964, § 1, eff. Aug. 28,
1995.
§ 151.032. OFFICERS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) Each year at the first meeting after the new directors
take office, the members shall select one of their number to serve
as chairman, one to serve as vice-chairman, and one to serve as
secretary.
(b) The chairman shall preside over meetings of the board,
and in the chairman's absence the vice-chairman shall preside.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.033. VACANCIES.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
If a vacancy occurs on the board, a person representing the
same area from which the person who vacates the position is
appointed shall be chosen by the person or persons designated in
Section 151.031(b) to serve the unexpired term.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.034. MEETINGS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
The board shall meet for a regular meeting once each month at
a time set by the board and may hold special meetings at the call of
the chairman or on the written request of at least three members of
the board.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.035. GENERAL MANAGER.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The board shall employ a general manager as the chief
administrative officer of the district. The board may delegate to
the general manager full authority to manage and operate the
affairs of the district subject only to orders of the board.
(b) The duties of the general manager include:
(1) administering the orders of the board;
(2) coordination with state, federal, and local
agencies;
(3) overseeing development of district plans and
programs; and
(4) other duties assigned by the board.
(c) The board shall determine the terms of office and
employment and the compensation to be paid the general manager, and
the general manager may be discharged by a majority vote of the
board.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.036. EMPLOYEES; BOND.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The general manager shall employ all persons necessary
for the proper handling of the business and operation of the
district and may employ attorneys, bookkeepers, engineers, and
other expert and specialized personnel considered necessary. The
general manager shall determine compensation to be paid by the
district.
(b) The general manager may discharge employees of the
district.
(c) The board shall require an employee who collects, pays,
or handles funds of the district to furnish good and sufficient
bond, payable to the district, for a sufficient amount to safeguard
the district. The bond shall be conditioned on the faithful
performance of the employee's duties and on accounting for all
funds and property of the district in the employee's hands. The
district shall pay for the bond.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.037. SUITS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The district may sue and be sued in the courts of this
state in the name of the district by and through the board.
(b) 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.
(c) All courts shall take judicial notice of the creation of
the district and of its boundaries.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.038. ACCESS TO PROPERTY.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) To carry out technical and other investigations
necessary to the implementation of this chapter, the board and its
agents and employees are entitled to access to all property within
the district.
(b) Before entering property for the purposes of this
section, the person seeking access shall give notice to the owner of
the property as provided by district rules and shall 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.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
SUBCHAPTER C. POWERS AND DUTIES
§ 151.071. RULES.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) After notice and hearing, the board shall adopt and
enforce rules designed to expeditiously and effectively implement
this chapter and accomplish its purposes, including rules governing
procedure before the board.
(b) The board shall compile its rules in a book and make them
available for use and inspection at the district's principal
office.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.072. HEARINGS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) Board hearings shall be conducted as provided by this
section. Hearings are governed by Chapter 551, Government Code.
Except as provided by this section, notice of hearings shall be
provided according to that law.
(b) At a regular meeting of the board, the board shall set
the dates, times, and locations for any hearings to be held under
this chapter and shall direct the general manager of the district to
give notice.
(c) Written notice of a hearing shall be given to each
county and municipal government in the district and to each person
that the board believes has an interest in the subject matter to be
dealt with at the hearing.
(d) Notice of a hearing shall be published at least once in a
newspaper of general circulation in each county in the district.
(e) A copy of the notice shall be posted at the county
courthouse of each county in the district in the place where notices
are usually posted.
(f) A person who desires to appear at a hearing and present
testimony, evidence, exhibits, or other information may do so in
person, by counsel, or both.
(g) The board may hold hearings at any location in the
district.
(h) The board may recess a hearing from day to day.
(i) The board may use hearing examiners to hear any subject
set for the hearing so long as the decision on that subject is the
decision of the board. Procedures for use of hearing examiners
shall be provided by rule.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(82), eff. Sept.
1, 1995.
§ 151.073. COMPELLING TESTIMONY, SWEARING WITNESSES,
AND SUBPOENAS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The board may compel the testimony of any person
necessary to carry out its powers, duties, and functions under this
chapter and may administer oaths to persons compelled to testify
before the board or any person designated by the board.
(b) The board may issue subpoenas to compel the testimony of
any person and the production of any document necessary to carry out
the powers, duties, and functions under this chapter.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.074. DISTRICT PLAN.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The board shall formulate a plan to control and prevent
subsidence in the district. The plan shall accomplish that purpose
by reducing groundwater withdrawals to amounts that will restore
and maintain sufficient artesian pressure to control and prevent
subsidence.
(b) The plan shall specify in as much detail as practicable
the acts, procedures, performance, and avoidance that are necessary
to carry out the purposes of this chapter.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.075. PLANNING PROCEDURES.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) Included in the information to be gathered for
formulation of the plan shall be:
(1) a list of all wells in the district that are
subject to regulation under this chapter;
(2) an accurate estimate of groundwater production
from all wells or proposed wells in the district;
(3) an accurate estimate of the amount of groundwater
that may be produced from each area in the district without causing
reduction of artesian pressure that will lead to subsidence in the
district;
(4) an accurate estimate of the current and future
water needs in the district;
(5) a list of all available sources of water, other
than groundwater, in the area of the district;
(6) the purposes for which the water is currently used
and for which it is proposed to be used in the future;
(7) information relating to formulation of a permit
system; and
(8) other necessary information and material to carry
out the management of groundwater in the district and to
effectively and expeditiously accomplish the purposes of this
chapter.
(b) Before the plan is adopted, the board shall hold a
hearing to consider the proposed plan.
(c) After the hearing, the board shall make any changes it
considers necessary according to evidence and material presented at
the hearing and shall adopt the plan.
(d) The plan adopted under this section may be amended or
repealed and a new plan adopted as provided in this section for the
adoption of the original plan. A plan, once adopted, remains in
effect until the adoption of a new plan.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.076. BOARD INVESTIGATIONS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
At least once each year and at any other time that the board
considers necessary, the board shall have its staff and the staff of
the Texas Water Development Board, if necessary, make a complete
study of the groundwater situation in the district and determine
the water level, rates of withdrawal, amounts of withdrawal, and
other information relating to the withdrawal of groundwater that
may effect the subsidence of land in the district.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.077. ANNUAL GROUNDWATER-WITHDRAWAL DETERMINATION.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) On or before March 31 of each year, the board shall hold
a hearing to determine the effects of groundwater withdrawal during
the preceding groundwater-withdrawal year on the subsidence of land
within the district.
(b) At the hearing, the board shall consider information
developed under Sections 151.127 and 151.076 of this code in
addition to information represented by persons appearing before the
board.
(c) After the hearing, the board shall consider all
information presented to it, shall make determinations of
groundwater withdrawal in the district during the immediately
preceding groundwater-withdrawal year, and shall make findings of
the effects of groundwater withdrawal during that
groundwater-withdrawal year on the subsidence of land in the
district. Those findings and determinations shall be included in a
report adopted by the board and shall be made available for
examination by any interested persons.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.078. REGULATION OF SPACING AND PRODUCTION.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(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 and may regulate the production of groundwater from the
wells, taking into consideration, among other relevant factors, the
economic impact on well owners and the resulting effect on
subsidence.
(b) Before issuing an order or rule under this section, the
board shall set a hearing on the proposed order or rule and shall
issue notice of the hearing.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.079. WATER CONSERVATION MEASURES.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
The board may adopt rules requiring the use of water
conservation measures as a means to reduce groundwater withdrawals.
The district may also cooperate with the commission and any local
government to establish water conservation goals, guidelines, and
plans to be used within the district. The district may contract
with any local government in the district to provide services
necessary to meet water conservation requirements established by
the commission.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.080. REQUIRING WATER-METERING DEVICES.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
The board may require water-metering devices to be placed on
wells.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.081. MONITORING AND SUPERVISION BY DISTRICT.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
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 produced while at
the same time allowing the rebound and stabilization of groundwater
to a level that will halt subsidence.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.082. RESEARCH AND STUDIES.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
The district may conduct any studies and research that the
board considers necessary to implement this chapter. The district
may use the services of geologists, hydrologists, registered
professional engineers, or other expert personnel to accomplish the
purposes of this section.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.083. COOPERATION WITH AND ASSISTANCE OF OTHER
GOVERNMENTAL ENTITIES; GRANTS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The board may cooperate with and request the assistance
of local governments and any agency of the state or of the United
States in implementing this chapter.
(b) The district may make or accept grants, gratuities,
advances, or loans in any form to or from any public source approved
by the board, including any governmental entity, and may enter into
contracts, agreements, and covenants that the board considers
appropriate in connection with grants, gratuities, advances, or
loans.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.084. EXCLUSIONS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The regulatory provisions of this chapter do not apply
to:
(1) wells regulated under Chapter 27 of this code;
(2) other wells as provided in the rules of the
district; and
(3) wells with a casing diameter of less than five
inches that serve a single-family dwelling.
(b) The board by rule may require the registration of any
well in the district.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. PERMITS
§ 151.121. PERMIT REQUIREMENT.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
Before a well may be drilled or operated within the
boundaries of the district the owner or operator of the well must
obtain a permit from the board.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.122. TERM OF PERMIT.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) A permit issued under this chapter may be for a term of
up to five years as set by the board.
(b) A permit does not become a vested right in the holder. A
permit may be revoked or suspended or its terms may be modified or
amended after notice and hearing whenever reasonably necessary to
accomplish the purposes of this chapter.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.123. RENEWAL OF PERMIT.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
A permit for a well may be renewed by the board in the manner
provided for obtaining the original permit.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.124. APPLICATION FOR PERMIT.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) A person who desires to obtain a permit under this
chapter shall submit to the board an application.
(b) The application must state:
(1) the name of the person requesting the permit;
(2) the address of the person requesting the permit;
(3) the location and wellhead elevation of the well or
proposed well;
(4) the amount of water being produced or proposed to
be produced; and
(5) any other information necessary for the board to
control and prevent subsidence in the district.
(c) The application shall be accompanied by a reasonable
application fee to be used for processing the application, the
amount of which shall be set by the board.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.125. NOTICE AND HEARING ON PERMIT.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) On receiving an application for a permit, the board
shall issue notice and set a time for a hearing on the application.
(b) Notice of the date, time, and location of the hearing
shall be given by the board to the applicant by certified mail,
return receipt requested, and in accordance with Chapter 551,
Government Code.
(c) The board may consider as many applications for permits
as it thinks necessary at any one hearing.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(82), eff. Sept.
1, 1995.
§ 151.126. DECISION AND ISSUANCE OF A PERMIT.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) Within a reasonable period after the hearing, but not
later than the 60th day after the date of the hearing, the board
shall decide whether or not to issue a permit and, if the decision
is to issue the permit, shall formulate the terms of the permit.
(b) In deciding whether or not to issue a permit and in
setting the terms of the permit, the board shall consider, along
with the purpose of this chapter and all other relevant factors:
(1) the district plan;
(2) the quality, quantity, and availability of surface
water at prices competitive with those charged by suppliers of
surface water in the district;
(3) the economic impact on the applicant from grant or
denial of the permit, or the terms prescribed by a permit, in
relation to the effect on subsidence that would result; and
(4) the applicant's use of water conservation
measures.
(c) The board shall grant a permit to an applicant if the
board finds, on presentation of adequate proof, that there is no
other adequate and available substitute or supplemental source of
surface waters at prices competitive with those charged by
suppliers of surface water in the district and that 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 any lawful business, occupation, or activity without
sufficient corresponding benefit or advantage to the people.
(d) If the board decides to issue the permit, the permit
shall be issued to the applicant stating the terms prescribed by the
board.
(e) The permit shall 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 is to expire;
(4) conditions and restrictions placed on the
withdrawal of groundwater; and
(5) other terms and conditions necessary to control
and prevent subsidence.
(f) The board may not require a city with a population of
less than 100,000 to reduce its groundwater withdrawal by more than
50 percent in any three-year period if the city or its residents
would face a hardship by that reduction. The board shall determine
in public hearing whether or not the reduction would constitute a
hardship to the city or its residents. In this subsection,
"hardship" means any reduction in groundwater withdrawal that
would:
(1) cause the city to have an inadequate supply of
water for its residents; or
(2) cause an increase of 50 percent or more in water
rates for the city or its residents.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.127. ANNUAL REPORTS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
Before January 31 of each year, each owner of a well who holds
a permit under this chapter shall submit to the board a report
stating:
(1) the name of the owner of the well;
(2) the total amount of groundwater produced by the
well during the immediately preceding 12-month period;
(3) the total amount of groundwater produced by the
well during each separate month of the immediately preceding
12-month period;
(4) the purpose for which the groundwater was used;
and
(5) any other information considered necessary by the
board.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.128. PERMIT FEE.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) At the time of issuance or renewal of a permit, the board
shall collect from the applicant a permit fee, established by a
schedule based on the term of the permit and the maximum annual
amount of groundwater authorized by the board to be withdrawn from
the well.
(b) The rate of the fee to be collected by the board under
this section shall be determined by the board after a hearing. The
rate of the fee may not exceed 110 percent of the highest rate
charged by the city of Houston for surface water supplied to its
customers in the district.
(c) The rate of the permit fee applicable to any well used
for the irrigation of agricultural crops shall be the lowest of:
(1) 70 percent of the lowest rate established under
Subsection (b) of this section;
(2) 70 percent of one cent for each thousand gallons
authorized to be withdrawn, provided that the board may adjust the
one cent for each thousand gallons each year after 1992 to account
for increases, if any, in the most recently published Consumer
Price Index for All Urban Consumers (Houston, Texas, Average), as
determined by the United States Department of Labor, Bureau of
Labor Statistics, for All Items; or
(3) the rate established in accordance with Subsection
(d) of this section.
(d) Using information prepared by the United States
Geological Survey, which shall be presumed correct, the board, at a
hearing held in accordance with Section 151.072 of this code, shall
calculate and determine the difference between water wells pumped
for irrigation of agricultural crops and water wells pumped for
other purposes in terms of their relative contribution to
subsidence, expressed as a percentage. The rate of the fee for
wells used for irrigation of agricultural crops shall be sufficient
for the total of those fees to contribute to the fee revenue of the
district the same percentage as the agricultural use contributes to
subsidence.
(e) The funds obtained from the permit fees collected under
this section shall be used to cover the costs of the board in
issuing permits and performing other regulatory functions of the
district.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.129. LIMITATIONS ON CONVERSION TO SURFACE WATER.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) The board may not issue an order requiring a person to
completely or partially discontinue the use of groundwater unless
the person is able to acquire a water supply that is composed of
surface water needed to replace the water supply covered by the
order. This section does not limit the board's authority to issue
orders and rules requiring a person to reduce groundwater use by
eliminating waste or implementing water conservation.
(b) If the person covered by an order under this section
acquires an alternative water supply to fulfill the needs created
by the board's order under this section and files with the
commission a written request for monitoring of the alternative
supply, the commission shall monitor annually from the date of
request to the expiration of the annual permit the water delivered
to the person covered by the order to determine the percentage of
that water that is surface water and the percentage of that water
that is groundwater.
(c) The water deliveries must be monitored 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 an annual certified written
analysis based on all of the samples collected that will state the
annual average percentage of surface water and the annual average
percentage of groundwater provided to the purchaser by the seller
for that permit year. In addition to the percentage of groundwater
authorized to be used by the board's order, the person may use in
the current permit year an additional percentage of groundwater
that is equal to a percentage derived by multiplying the annual
average percentage of groundwater delivered to that person during
the preceding permit year by the total percentage of alternative
water supply mandated by the board's order for the current year.
(e) The commission shall assess reasonable fees to cover the
costs of the water sampling and analysis, one-half to the water
purchaser and one-half to the water seller. On request, the
commission shall make results of the analysis available to the
purchaser, the seller, or the board.
(f) In this section, "alternative water supply" means a
water supply that it is necessary for the person to acquire from
sources other than the person's own groundwater supply to comply
with the board's order.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
SUBCHAPTER E. APPEALS; PENALTIES
§ 151.161. APPEAL OF SURFACE WATER RATES.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
If a person required to convert to surface water purchases
that water supply wholesale from a political subdivision as defined
by Section 12.013(b) of this code, the rates charged by the
political subdivision to that person may be appealed to the
commission under Chapter 12 of this code, and the rules adopted
under that chapter apply to appeals under this section. The
commission shall convene the hearing on the appeal not later than
the 180th day after the date on which the appeal is filed with the
commission and shall render a final decision on the appeal not later
than the 60th day following the date on which the hearing ends.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
§ 151.162. APPEAL OF DISTRICT ACTIONS.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) A rule, order, or other official action of the district
under this chapter may be appealed to a district court in any county
in the district by a person who is adversely affected. An appeal
under this section must be filed within 45 days after the rule,
order, or other official action appealed from is adopted or taken.
(b) On written request of a person residing in or owning
real property in the district, the board shall make written
findings and conclusions with respect to a rule, order, or other
official action of the district and provide certified copies of
those findings and conclusions to the requesting person not later
than the 35th day after the date on which the board received the
written request.
(c) The review on appeal under this section is governed by
the substantial evidence rule as defined by Subchapter G, Chapter
2001, Government Code.
(d) For purposes of this section, "a person who is adversely
affected" includes a person residing in or owning real property in
the district whose residence or real property is subsiding.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(75), eff. Sept.
1, 1995.
§ 151.163. APPEAL OF CERTAIN DISTRICT ACTIONS TO THE
COMMISSION.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) As an alternative to the appeal provided in Section
151.162 of this code, a person who is granted a permit authorizing
withdrawal of groundwater in an amount less than requested by that
person may appeal the board's final decision to the commission. The
appeal shall be filed not later than the 60th day after the date on
which the board issues its final order. A person shall be informed
in the notice of public hearing when an order to convert to surface
water is to be considered.
(b) On written request of the person proposing to appeal an
order under this section, the board shall make written findings and
conclusions with respect to the order and shall provide certified
copies of the findings and conclusions to the requesting person not
later than the 35th day after the date on which the board received
the written request.
(c) The effect of a board order is stayed until the decision
of the commission in an appeal under this section is final.
(d) The review on appeal by the commission under this
section is governed by the substantial evidence rule as defined by
Subchapter G, Chapter 2001, Government Code.
(e) The commission may adopt necessary rules to carry out
this section.
(f) An appeal from a final decision of the commission is to a
district court in Travis County. Any party to the proceedings
before the commission may appeal a decision of the district court in
the manner provided for other civil actions, but a party appealing a
decision of a district court is not required to provide an appeal
bond.
(g) The review of a commission order on appeal shall be
under the substantial evidence rule.
(h) Under this section, the commission may adopt and assess
reasonable and necessary fees adequate to recover the costs of the
commission in administering this section.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(75), eff. Sept.
1, 1995.
§ 151.164. PENALTIES.
Acts 2003, 78th Leg., ch. 1277, § 6(19) repeals this
section effective April 1, 2005.
(a) If it appears that a person has violated or is violating
or threatening to violate this chapter, or any rule, permit, or
other order of the district issued or adopted under this chapter,
the district may file a civil suit 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 nor more than $5,000 for each violation and for
each day of 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 a provision of this
chapter or a rule, permit, or other order of the district under this
chapter, the district court shall grant any injunctive relief the
facts may warrant.
(c) At the request of the board, or the general manager if
authorized by the board, the attorney general shall institute and
conduct a suit in the name of the district for injunctive relief or
to recover a civil penalty or for both injunctive relief and penalty
as authorized by this section.
(d) The district is not required to post bond or other
security with the court.
Added by Acts 1993, 73rd Leg., ch. 369, § 1, eff. Sept. 1, 1993.
