| (a) Groundwater conservation district creation landowner submittal.
An original and one copy of the complete groundwater conservation district
(GCD) creation submittal shall be filed with the executive director on behalf
of a group of landowners as provided in subsection (b) of this section and
shall contain a petition as described in subsection (b) of this section, supporting
information as described in subsection (c) of this section, the name and address
of a representative designated by the group of landowners for contact purposes,
and a $700 non-refundable submittal fee at the time the petition is filed.
(b) Groundwater conservation district petition. A complete
district creation petition must be signed by the majority of the landowners
in the proposed district or, if there are more than 50 landowners, at least
50 of those landowners. A complete petition must include the following:
(1) the name of the proposed GCD;
(2) the area and boundaries of the proposed district, including
a map generally outlining the boundaries of the proposed district;
(3) the purpose or purposes of the proposed district;
(4) if any proposed projects are to be funded by the issuance
of bonds or notes, a statement of the general nature of the projects proposed
to be undertaken by the proposed district, the necessity and feasibility of
the work, and the estimated cost of those projects according to the petitioners;
(5) the names of at least five individuals qualified to serve
as temporary directors; and
(6) financial information, including the projected maintenance
tax or production fee rate and a proposed budget of revenues and expenses
for the proposed district.
(c) Supporting information. As part of the GCD creation submittal,
the petitioners must include the following information.
(1) The petitioners must submit the following information about
the area and boundaries of the proposed district:
(A) a metes and bounds description of the proposed boundaries
of the proposed district if those boundaries differ from a political subdivision
boundary which existed on the date the petition was submitted;
(B) a vicinity map outlining the boundaries of the proposed
district which is 22 inches by 36 inches in size at a minimum, or in a digital
data electronic format showing as appropriate the location of municipalities,
highways, roads, surface water features, and other water districts, together
with the areal extent of groundwater aquifers, and showing the location of
recharge (i.e., outcrops of aquifer units, karst features, etc.) and Texas
Water Development Board (TWDB) located discharge (i.e., seeps, springs, etc.)
features identified with state well number, the downdip limits of usable quality
groundwater, and any other information the petitioners believe is pertinent
to the creation of the proposed district; and
(C) an evaluation and description of how the boundaries of
the proposed district will provide for effective management of the groundwater
resources within the proposed district and in the GMA.
(2) If the petitioners propose projects that are to be funded
by the issuance of bonds or notes, the petitioners must submit an evaluation
of the general nature of the proposed projects to be undertaken by the district,
the necessity and feasibility of the work, and the estimated cost of those
projects according to the petitioners.
(3) The petitioners must submit affidavits from the individuals
named in the petition under subsection (b)(5) of this section, establishing
that these individuals are qualified to serve as temporary directors according
to Texas Water Code (TWC), §§36.051(b), 36.058, and 36.059(b).
(4) The petitioners must submit financial information that
includes the projected maintenance tax rate or production fee rate and a proposed
budget of revenues and expenses for the proposed district, and a listing of
current tax assessments within the boundaries of the proposed district.
(A) If the petitioners propose to finance the district through
maintenance taxes, the petitioners must provide a certification by the central
appraisal district(s) within the proposed district which indicates the total
tax valuation of all land within the proposed district, as reflected on the
current county tax rolls. The petitioners must evaluate the projected maintenance
tax rate for the proposed district with the total tax valuation and describe
how this revenue source will support the proposed budget of expenses.
(B) If the petitioners propose to finance the district through
well production fees, the petitioners must provide the estimated non-exempt
groundwater usage, by type, for the proposed district. The petitioners must
evaluate the projected production fee rate for the proposed district with
the total non-exempt groundwater usage, by type, and describe how this revenue
source will support the proposed budget of expenses.
(5) The petitioners must provide a certification by the central
appraisal district(s) within the proposed district which indicates that the
petitioners are landowners within the proposed district on the date the petition
is submitted.
(A) If the tax rolls do not show the petitioners to be the
majority of the landowners within the proposed district, then the petitioners
shall submit to the executive director a certified copy of the deed(s) tracing
title from the person(s) listed on the county tax rolls to establish that
the petitioners comprise the majority of the landowners or that at least 50
of the petitioners are landowners in the proposed district.
(B) The executive director may request any additional information
to accurately show the ownership of the land to be included in the proposed
district.
(6) The petitioners must provide one contact person for all
correspondence from the executive director regarding the petition.
(7) The petitioners must provide a signed statement by the
appropriate county clerk or city secretary that a copy of the petition for
creation of the proposed district was received by each county in whole or
in part within the proposed district and by each city in whose corporate limits
any part of the proposed district is located.
(8) Concurrent with filing the petition and supporting information
with the executive director, the petitioners shall make a copy or copies of
the petition and supporting information available for public inspection during
regular business hours at a centralized location or locations in each county
in whole or in part within the proposed district. The petitioners must provide
the address and contact information for each location where the petition and
supporting information have been made available for public inspection.
(9) The executive director may request any other related information
as needed to process the district creation petition.
(d) Petition review. The executive director's review of a petition
for the creation of a GCD shall be governed by this subsection.
(1) Within 20 working days of receipt, the executive director
shall assign the petition a number and determine if the submittal complies
with the requirements in subsection (a) of this section.
(A) If a submittal is not complete, the executive director
shall notify the petition contact person of the deficiencies of the submittal
via certified mail postmarked no later than 20 working days after the submittal
was received.
(B) If the petitioners submit additional information within
20 working days of the date of the notice of deficiencies, the executive director
shall evaluate the information within 15 working days and, where applicable,
shall determine if the submittal complies with subsection (a) of this section.
(C) If the petitioners do not submit the required information
within 20 working days of the date of the notice of deficiencies, the executive
director shall return the incomplete submittal to the petitioners, and the
submittal fee is forfeited.
(2) If a petition proposes the creation of a GCD in an area,
in whole or in part, that has not been designated as a GMA, the executive
director shall provide notice to the petitioners and to the executive administrator
of the TWDB. The commission may not certify the petition until the TWDB has
adopted a rule designating a GMA that is coterminous with or includes the
boundaries of the proposed district.
(e) Notice and public meeting.
(1) If the executive director determines that the submittal
is complete, the executive director shall prepare a public notice for publishing
or mailing. The public notice shall:
(A) state that the commission has received a complete submittal
for the proposed creation of a GCD;
(B) provide notice of the date, time, and location of a public
meeting to receive comments on the petition to create the district;
(C) provide notice of availability of the petition and supporting
information as established by the petitioners under subsection (c)(8) of this
section and at any other location deemed appropriate by the executive director;
and
(D) provide a general map of the proposed district if the area
is not a recognizable political subdivision boundary.
(2) The executive director shall notify the chief clerk that
the submittal is complete and shall forward the draft public notice and a
mailing list of water stakeholders to the chief clerk. The water stakeholders
shall include the governing body of each county, regional water planning group,
adjacent GCD, municipality, river authority, water district, or other entity
that supplies public drinking water, including each holder of a certificate
of convenience and necessity issued by the commission and each irrigation
district located either in whole or in part in the proposed district.
(3) The chief clerk shall mail the notice to the water stakeholders
indicating that the petition for the creation of a GCD has been received.
(4) The chief clerk shall mail the notice to the petitioners
with instructions for publishing the notice.
(5) The petitioners shall publish notice once a week for two
consecutive weeks in one or more newspapers of general circulation in the
area of the proposed district. The last publication shall be no later than
30 days before the public meeting. The petitioners must provide proof of publication
by publishers affidavit to the chief clerk no later than one week prior to
the public meeting.
(6) The petitioners shall post the notice on the bulletin board
used for posting legal notices in each county in which all or part of the
proposed district is located no later than ten days before the public meeting.
The petitioners must provide proof of the posting to the chief clerk no later
than one week prior to the public meeting.
(7) The commission or the executive director shall conduct
the public meeting on the petition in a central location within the area of
the proposed district. The public meeting shall be held no later than 60 days
after the date the chief clerk mailed notice to the petitioners.
(f) Executive director actions. Following the public meeting,
the executive director shall file recommendations regarding certification
of the petition and the appointment of temporary directors with the chief
clerk. The executive director shall summarize the public meeting comments
and make a recommendation to the commission on whether the petition is administratively
complete and should be certified.
(g) Commission actions. Not later than 90 days after the date
of the public meeting, the commission shall certify the petition as administratively
complete. A petition is administratively complete if it complies with the
requirements of TWC, §36.013(b) and (c), and subsection (a) of this section.
(1) If the commission certifies the petition as administratively
complete, the commission shall issue an order stating that the petition is
administratively complete, creating the district, and appointing the temporary
directors named in the petition.
(2) The commission shall appoint temporary directors according
to §§293.31 - 293.35 of this title (relating to Appointment of Directors;
Qualifications of Directors; Commission Appointment of Directors to Fill Vacancies;
Form of Affidavit for Appointment as Director; and Reinstatement of a Board
Member).
(A) If a temporary director appointed by the commission fails
to qualify, or if a vacancy occurs in the office of temporary director, the
commission shall appoint an individual to fill the vacancy.
(B) Temporary directors appointed under this paragraph serve
until the initial directors are elected and have qualified for office or until
the voters fail to approve creation of the district.
(3) The commission may not certify a petition if the commission
finds that:
(A) the proposed district cannot be adequately funded to finance
required or authorized groundwater management planning, regulatory, and district-operation
functions under TWC, Chapter 36 based on the financial information provided
by the petitioners; or
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