Texas Statutes
Subtitle E - Groundwater Management
Chapter 36 - Groundwater Conservation Districts

Section 36.0151. Creation of District for Priority Groundwater Management Area - Sec. 36.0151. CREATION OF DISTRICT FOR PRIORITY GROUNDWATER MANAGEMENT AREA....

Section 36.016. Appointment of Temporary Directors - Sec. 36.016. APPOINTMENT OF TEMPORARY DIRECTORS. (a) If the commission...

Section 36.0161. Method for Appointing Temporary Directors for District in Priority Groundwater Management Area - Sec. 36.0161. METHOD FOR APPOINTING TEMPORARY DIRECTORS FOR DISTRICT IN...

Section 36.017. Confirmation and Directors' Election for District in a Management Area - Sec. 36.017. CONFIRMATION AND DIRECTORS' ELECTION FOR DISTRICT IN A...

Section 36.0171. Tax Authority and Directors' Election for District in a Priority Groundwater Management Area - Sec. 36.0171. TAX AUTHORITY AND DIRECTORS' ELECTION FOR DISTRICT IN...

Section 36.018. Inclusion of Municipality - Sec. 36.018. INCLUSION OF MUNICIPALITY. (a) If part of the...

Section 36.019. Confirmation Election in District Including Land in More Than One County - Sec. 36.019. CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN MORE...

Section 36.020. Bond and Tax Proposal - Sec. 36.020. BOND AND TAX PROPOSAL. (a) At an election...

Section 36.021. Notification of County Clerk - Sec. 36.021. NOTIFICATION OF COUNTY CLERK. Within 30 days following...

Subchapter C. Administration

Section 36.051. Board of Directors - Sec. 36.051. BOARD OF DIRECTORS. (a) The governing body of...

Section 36.052. Other Laws Not Applicable - Sec. 36.052. OTHER LAWS NOT APPLICABLE. (a) Other laws governing...

Section 36.053. Quorum - Sec. 36.053. QUORUM. A majority of the membership of the...

Section 36.054. Officers - Sec. 36.054. OFFICERS. (a) After a district is created and...

Section 36.055. Sworn Statement, Bond, and Oath of Office - Sec. 36.055. SWORN STATEMENT, BOND, AND OATH OF OFFICE. (a)...

Section 36.056. General Manager - Sec. 36.056. GENERAL MANAGER. (a) The board may employ or...

Section 36.057. Management of District - Sec. 36.057. MANAGEMENT OF DISTRICT. (a) The board shall be...

Section 36.058. Conflicts of Interest - Sec. 36.058. CONFLICTS OF INTEREST. A director of a district...

Section 36.059. General Elections - Sec. 36.059. GENERAL ELECTIONS. (a) All elections shall be generally...

Section 36.060. Fees of Office; Reimbursement - Sec. 36.060. FEES OF OFFICE; REIMBURSEMENT. (a) A director is...

Section 36.061. Policies - Sec. 36.061. POLICIES. (a) Subject to the law governing the...

Section 36.062. Offices and Meeting Places - Sec. 36.062. OFFICES AND MEETING PLACES. (a) The board shall...

Section 36.063. Notice of Meetings - Sec. 36.063. NOTICE OF MEETINGS. (a) Except as provided by...

Section 36.064. Meetings - Sec. 36.064. MEETINGS. (a) The board shall hold regular meetings...

Section 36.065. Records - Sec. 36.065. RECORDS. (a) The board shall keep a complete...

Section 36.066. Suits - Sec. 36.066. SUITS. (a) A district may sue and be...

Section 36.067. Contracts - Sec. 36.067. CONTRACTS. (a) A district shall contract, and be...

Section 36.068. Employee Benefits - Sec. 36.068. EMPLOYEE BENEFITS. (a) The board may provide for...

Subchapter D. Powers and Duties

Section 36.101. Rulemaking Power - Sec. 36.101. RULEMAKING POWER. (a) A district may make and...

Section 36.1011. Emergency Rules - Sec. 36.1011. EMERGENCY RULES. (a) A board may adopt an...

Section 36.1015. Rules for Permits in Brackish Groundwater Production Zones - Sec. 36.1015. RULES FOR PERMITS IN BRACKISH GROUNDWATER PRODUCTION ZONES....

Section 36.102. Enforcement of Rules - Sec. 36.102. ENFORCEMENT OF RULES. (a) A district may enforce...

Section 36.103. Improvements and Facilities - Sec. 36.103. IMPROVEMENTS AND FACILITIES. (a) A district may build,...

Section 36.104. Purchase, Sale, Transportation, and Distribution of Water - Sec. 36.104. PURCHASE, SALE, TRANSPORTATION, AND DISTRIBUTION OF WATER. A...

Section 36.105. Eminent Domain - Sec. 36.105. EMINENT DOMAIN. (a) A district may exercise the...

Section 36.106. Surveys - Sec. 36.106. SURVEYS. A district may make surveys of the...

Section 36.107. Research - Sec. 36.107. RESEARCH. A district may carry out any research...

Section 36.1071. Management Plan - Sec. 36.1071. MANAGEMENT PLAN. (a) Following notice and hearing, the...

Section 36.1072. Texas Water Development Board Review and Approval of Management Plan - Sec. 36.1072. TEXAS WATER DEVELOPMENT BOARD REVIEW AND APPROVAL OF...

Section 36.1073. Amendment to Management Plan - Sec. 36.1073. AMENDMENT TO MANAGEMENT PLAN. Any amendment to the...

Section 36.108. Joint Planning in Management Area - Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) In this...

Section 36.1081. Technical Staff and Subcommittees for Joint Planning - Sec. 36.1081. TECHNICAL STAFF AND SUBCOMMITTEES FOR JOINT PLANNING. (a)...

Section 36.1083. Appeal of Desired Future Conditions - Sec. 36.1083. APPEAL OF DESIRED FUTURE CONDITIONS. (a) In this...

Section 36.10835. Judicial Appeal of Desired Future Conditions - Sec. 36.10835. JUDICIAL APPEAL OF DESIRED FUTURE CONDITIONS. (a) A...

Section 36.1084. Modeled Available Groundwater - Sec. 36.1084. MODELED AVAILABLE GROUNDWATER. (a) The Texas Water Development...

Section 36.1085. Management Plan Goals and Objectives - Sec. 36.1085. MANAGEMENT PLAN GOALS AND OBJECTIVES. Each district in...

Section 36.1086. Joint Efforts by Districts in a Management Area - Sec. 36.1086. JOINT EFFORTS BY DISTRICTS IN A MANAGEMENT AREA....

Section 36.109. Collection of Information - Sec. 36.109. COLLECTION OF INFORMATION. A district may collect any...

Section 36.110. Publication of Plans and Information - Sec. 36.110. PUBLICATION OF PLANS AND INFORMATION. A district may...

Section 36.111. Records and Reports - Sec. 36.111. RECORDS AND REPORTS. (a) The district may require...

Section 36.112. Drillers' Logs - Sec. 36.112. DRILLERS' LOGS. A district shall require that accurate...

Section 36.113. Permits for Wells; Permit Amendments - Sec. 36.113. PERMITS FOR WELLS; PERMIT AMENDMENTS. (a) Except as...

Section 36.1131. Elements of Permit - Sec. 36.1131. ELEMENTS OF PERMIT. (a) A permit issued by...

Section 36.1132. Permits Based on Modeled Available Groundwater - Sec. 36.1132. PERMITS BASED ON MODELED AVAILABLE GROUNDWATER. (a) A...

Section 36.114. Permit; Permit Amendment; Application and Hearing - Sec. 36.114. PERMIT; PERMIT AMENDMENT; APPLICATION AND HEARING. (a) The...

Section 36.1145. Operating Permit Renewal - Sec. 36.1145. OPERATING PERMIT RENEWAL. (a) Except as provided by...

Section 36.1146. Change in Operating Permits - Sec. 36.1146. CHANGE IN OPERATING PERMITS. (a) If the holder...

Section 36.115. Drilling or Altering Well Without Permit - Sec. 36.115. DRILLING OR ALTERING WELL WITHOUT PERMIT. (a) No...

Section 36.116. Regulation of Spacing and Production - Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. (a) In order...

Section 36.117. Exemptions; Exception; Limitations - Sec. 36.117. EXEMPTIONS; EXCEPTION; LIMITATIONS. (a) A district by rule...

Section 36.118. Open or Uncovered Wells - Sec. 36.118. OPEN OR UNCOVERED WELLS. (a) A district may...

Section 36.119. Illegal Drilling and Operation of Well; Citizen Suit - Sec. 36.119. ILLEGAL DRILLING AND OPERATION OF WELL; CITIZEN SUIT....

Section 36.120. Information - Sec. 36.120. INFORMATION. On request of the executive director or...

Section 36.121. Limitation on Rulemaking Power of Districts Over Wells in Certain Counties - Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS OVER WELLS...

Section 36.122. Transfer of Groundwater Out of District - Sec. 36.122. TRANSFER OF GROUNDWATER OUT OF DISTRICT. (a) If...

Section 36.123. Right to Enter Land - Sec. 36.123. RIGHT TO ENTER LAND. (a) The directors, engineers,...

Section 36.124. District Act or Proceeding Presumed Valid - Sec. 36.124. DISTRICT ACT OR PROCEEDING PRESUMED VALID. (a) A...

Subchapter E. District Finances

Section 36.151. Expenditures - Sec. 36.151. EXPENDITURES. (a) A district's money may be disbursed...

Section 36.152. Fiscal Year - Sec. 36.152. FISCAL YEAR. (a) The district shall be operated...

Section 36.153. Annual Audit - Sec. 36.153. ANNUAL AUDIT. (a) Annually and subject to Subsection...

Section 36.154. Annual Budget - Sec. 36.154. ANNUAL BUDGET. (a) The board shall prepare and...

Section 36.155. Depository - Sec. 36.155. DEPOSITORY. (a) The board shall name one or...

Section 36.156. Investments - Sec. 36.156. INVESTMENTS. (a) Funds of the district may be...

Section 36.1561. Investment Officer - Sec. 36.1561. INVESTMENT OFFICER. (a) Notwithstanding Section 2256.005(f), Government Code,...

Section 36.157. Repayment of Organizational Expenses - Sec. 36.157. REPAYMENT OF ORGANIZATIONAL EXPENSES. (a) A district, or...

Section 36.158. Grants - Sec. 36.158. GRANTS. A district may make or accept grants,...

Section 36.159. Groundwater Conservation District Management Plan Funds - Sec. 36.159. GROUNDWATER CONSERVATION DISTRICT MANAGEMENT PLAN FUNDS. The Texas...

Section 36.160. Funds - Sec. 36.160. FUNDS. The Texas Water Development Board, the commission,...

Section 36.161. Eligibility for Funding - Sec. 36.161. ELIGIBILITY FOR FUNDING. (a) The Texas Water Development...

Subchapter F. Bonds and Notes

Section 36.171. Issuance of Bonds and Notes - Sec. 36.171. ISSUANCE OF BONDS AND NOTES. (a) The board...

Section 36.172. Manner of Repayment of Bonds and Notes - Sec. 36.172. MANNER OF REPAYMENT OF BONDS AND NOTES. The...

Section 36.173. Additional Security for Bonds and Notes - Sec. 36.173. ADDITIONAL SECURITY FOR BONDS AND NOTES. (a) The...

Section 36.174. Form of Bonds or Notes - Sec. 36.174. FORM OF BONDS OR NOTES. (a) A district...

Section 36.175. Provisions of Bonds and Notes - Sec. 36.175. PROVISIONS OF BONDS AND NOTES. (a) In the...

Section 36.176. Refunding Bonds - Sec. 36.176. REFUNDING BONDS. (a) A district may issue bonds...

Section 36.177. Bonds and Notes as Investments - Sec. 36.177. BONDS AND NOTES AS INVESTMENTS. District bonds and...

Section 36.178. Bonds and Notes as Security for Deposits - Sec. 36.178. BONDS AND NOTES AS SECURITY FOR DEPOSITS. District...

Section 36.179. Tax Status of Bonds and Notes - Sec. 36.179. TAX STATUS OF BONDS AND NOTES. Since a...

Section 36.180. Election - Sec. 36.180. ELECTION. (a) Bonds or notes secured in whole...

Section 36.181. Approval by Attorney General; Registration by Comptroller - Sec. 36.181. APPROVAL BY ATTORNEY GENERAL; REGISTRATION BY COMPTROLLER. (a)...

Subchapter G. District Revenues

Section 36.201. Levy of Taxes - Sec. 36.201. LEVY OF TAXES. (a) The board may annually...

Section 36.202. Board Authority - Sec. 36.202. BOARD AUTHORITY. (a) The board may levy taxes...

Section 36.203. Tax Rate - Sec. 36.203. TAX RATE. In setting the tax rate, the...

Section 36.204. Tax Appraisal, Assessment and Collection - Sec. 36.204. TAX APPRAISAL, ASSESSMENT AND COLLECTION. (a) The Tax...

Section 36.205. Authority to Set Fees - Sec. 36.205. AUTHORITY TO SET FEES. (a) A district may...

Section 36.206. District Fees - Sec. 36.206. DISTRICT FEES. (a) A temporary board may set...

Section 36.207. Use of Fees - Sec. 36.207. USE OF FEES. A district may use funds...

Subchapter H. Judicial Review

Section 36.251. Suit Against District - Sec. 36.251. SUIT AGAINST DISTRICT. (a) A person, firm, corporation,...

Section 36.252. Suit to Be Expedited - Sec. 36.252. SUIT TO BE EXPEDITED. A suit brought under...

Section 36.253. Trial of Suit - Sec. 36.253. TRIAL OF SUIT. The burden of proof is...

Section 36.254. Subchapter Cumulative - Sec. 36.254. SUBCHAPTER CUMULATIVE. The provisions of this subchapter do...

Subchapter I. Performance Review and Dissolution

Section 36.301. Failure to Submit a Management Plan - Sec. 36.301. FAILURE TO SUBMIT A MANAGEMENT PLAN. If a...

Section 36.3011. Commission Inquiry and Action Regarding District Duties - Sec. 36.3011. COMMISSION INQUIRY AND ACTION REGARDING DISTRICT DUTIES. (a)...

Section 36.302. Legislative Audit Review; Determination of Whether District Is Operational - Sec. 36.302. LEGISLATIVE AUDIT REVIEW; DETERMINATION OF WHETHER DISTRICT IS...

Section 36.303. Action by Commission - Sec. 36.303. ACTION BY COMMISSION. (a) If Section 36.301, 36.3011,...

Section 36.3035. Appointment of a Receiver - Sec. 36.3035. APPOINTMENT OF A RECEIVER. (a) If the attorney...

Section 36.304. Dissolution of District - Sec. 36.304. DISSOLUTION OF DISTRICT. (a) The commission may dissolve...

Section 36.305. Notice of Hearing for Dissolution of Board or District - Sec. 36.305. NOTICE OF HEARING FOR DISSOLUTION OF BOARD OR...

Section 36.306. Investigation - Sec. 36.306. INVESTIGATION. The executive director shall investigate the facts...

Section 36.307. Order of Dissolution of Board - Sec. 36.307. ORDER OF DISSOLUTION OF BOARD. If the commission...

Section 36.308. Certified Copy of Order - Sec. 36.308. CERTIFIED COPY OF ORDER. The commission shall file...

Section 36.309. Appeals - Sec. 36.309. APPEALS. Appeals from any commission order shall be...

Section 36.310. Assets Escheat - Sec. 36.310. ASSETS ESCHEAT. Upon the dissolution of a district...

Subchapter J. Adding Territory to District

Section 36.321. Adding Land by Petition of Landowner - Sec. 36.321. ADDING LAND BY PETITION OF LANDOWNER. Subject to...

Section 36.322. Assumption of Bonds - Sec. 36.322. ASSUMPTION OF BONDS. If the district has bonds,...

Section 36.323. Hearing and Determination of Petition - Sec. 36.323. HEARING AND DETERMINATION OF PETITION. (a) The board...

Section 36.324. Recording Petition - Sec. 36.324. RECORDING PETITION. A petition that is granted which...

Section 36.325. Adding Certain Territory by Petition - Sec. 36.325. ADDING CERTAIN TERRITORY BY PETITION. (a) Landowners of...

Section 36.326. Hearing on Petition - Sec. 36.326. HEARING ON PETITION. The board by order shall...

Section 36.327. Resolution to Add Territory - Sec. 36.327. RESOLUTION TO ADD TERRITORY. If the board finds...

Section 36.328. Election to Ratify Annexation of Land - Sec. 36.328. ELECTION TO RATIFY ANNEXATION OF LAND. (a) Annexation...

Section 36.329. Notice and Procedure of Election - Sec. 36.329. NOTICE AND PROCEDURE OF ELECTION. The notice of...

Section 36.330. Liability of Added Territory - Sec. 36.330. LIABILITY OF ADDED TERRITORY. The added territory shall...

Section 36.331. Annexation of Noncontiguous Territory - Sec. 36.331. ANNEXATION OF NONCONTIGUOUS TERRITORY. Land not contiguous to...

Subchapter K. Consolidation of Districts

Section 36.351. Consolidation of Districts - Sec. 36.351. CONSOLIDATION OF DISTRICTS. (a) Two or more districts...

Section 36.352. Terms and Conditions of Consolidation - Sec. 36.352. TERMS AND CONDITIONS OF CONSOLIDATION. (a) The terms...

Section 36.353. Notice and Hearing on Consolidation - Sec. 36.353. NOTICE AND HEARING ON CONSOLIDATION. (a) Each board...

Section 36.354. Elections to Approve Consolidation - Sec. 36.354. ELECTIONS TO APPROVE CONSOLIDATION. (a) An election to...

Section 36.355. Governing Consolidated Districts - Sec. 36.355. GOVERNING CONSOLIDATED DISTRICTS. (a) After two or more...

Section 36.356. Debts of Original Districts - Sec. 36.356. DEBTS OF ORIGINAL DISTRICTS. (a) After two or...

Section 36.357. Assessment and Collection of Taxes - Sec. 36.357. ASSESSMENT AND COLLECTION OF TAXES. If the consolidated...

Section 36.358. Voted but Unissued Bonds - Sec. 36.358. VOTED BUT UNISSUED BONDS. If either district has...

Section 36.359. Filing of Order With County Clerk and Executive Director - Sec. 36.359. FILING OF ORDER WITH COUNTY CLERK AND EXECUTIVE...

Subchapter L. Groundwater Conservation District Loan Assistance Fund

Section 36.3705. Definition - Sec. 36.3705. DEFINITION. In this subchapter, "applicant" means a newly...

Section 36.371. Groundwater Conservation District Loan Assistance Fund - Sec. 36.371. GROUNDWATER CONSERVATION DISTRICT LOAN ASSISTANCE FUND. (a) The...

Section 36.372. Financial Assistance - Sec. 36.372. FINANCIAL ASSISTANCE. (a) The loan fund may be...

Section 36.373. Application for Assistance - Sec. 36.373. APPLICATION FOR ASSISTANCE. (a) In an application to...

Section 36.374. Approval of Application - Sec. 36.374. APPROVAL OF APPLICATION. The Texas Water Development Board,...

Subchapter M. Permit and Permit Amendment Applications;

Section 36.401. Definition - Sec. 36.401. DEFINITION. In this subchapter, "applicant" means a person...

Section 36.402. Applicability - Sec. 36.402. APPLICABILITY. Except as provided by Section 36.416, this...

Section 36.403. Scheduling of Public Hearing - Sec. 36.403. SCHEDULING OF PUBLIC HEARING. (a) The general manager...

Section 36.404. Notice - Sec. 36.404. NOTICE. (a) If the general manager or board...

Section 36.405. Hearing Registration - Sec. 36.405. HEARING REGISTRATION. The district may require each person...

Section 36.4051. Board Action; Contested Case Hearing Requests; Preliminary Hearing - Sec. 36.4051. BOARD ACTION; CONTESTED CASE HEARING REQUESTS; PRELIMINARY HEARING....

Section 36.406. Hearing Procedures - Sec. 36.406. HEARING PROCEDURES. (a) A hearing must be conducted...

Section 36.407. Evidence - Sec. 36.407. EVIDENCE. (a) The presiding officer shall admit evidence...

Section 36.408. Recording - Sec. 36.408. RECORDING. (a) Except as provided by Subsection (b),...

Section 36.409. Continuance - Sec. 36.409. CONTINUANCE. The presiding officer may continue a hearing...

Section 36.410. Proposal for Decision - Sec. 36.410. PROPOSAL FOR DECISION. (a) Except as provided by...

Section 36.411. Board Action - Sec. 36.411. BOARD ACTION. The board shall act on a...

Section 36.412. Request for Rehearing or Findings and Conclusions - Sec. 36.412. REQUEST FOR REHEARING OR FINDINGS AND CONCLUSIONS. (a)...

Section 36.413. Decision; When Final - Sec. 36.413. DECISION; WHEN FINAL. (a) A decision by the...

Section 36.414. Consolidated Hearing on Applications - Sec. 36.414. CONSOLIDATED HEARING ON APPLICATIONS. (a) Except as provided...

Section 36.415. Rules; Additional Procedures - Sec. 36.415. RULES; ADDITIONAL PROCEDURES. (a) A district by rule...

Section 36.416. Hearings Conducted by State Office of Administrative Hearings; Rules - Sec. 36.416. HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS;...

Section 36.4165. Final Decision; Contested Case Hearings - Sec. 36.4165. FINAL DECISION; CONTESTED CASE HEARINGS. (a) In a...

Section 36.417. Rules; Alternative Dispute Resolution - Sec. 36.417. RULES; ALTERNATIVE DISPUTE RESOLUTION. A district by rule...

Section 36.418. Rules; Contested Case Hearings; Applicability of Administrative Procedure Act - Sec. 36.418. RULES; CONTESTED CASE HEARINGS; APPLICABILITY OF ADMINISTRATIVE PROCEDURE...

Subchapter N. Aquifer Storage and Recovery Projects

Section 36.451. Definitions - Sec. 36.451. DEFINITIONS. In this subchapter, "aquifer storage and recovery...

Section 36.452. Applicability to Recovery Wells That Also Function as Injection Wells - Sec. 36.452. APPLICABILITY TO RECOVERY WELLS THAT ALSO FUNCTION AS...

Section 36.453. Registration and Reporting of Wells - Sec. 36.453. REGISTRATION AND REPORTING OF WELLS. (a) A project...

Section 36.454. Permitting, Spacing, and Production Requirements - Sec. 36.454. PERMITTING, SPACING, AND PRODUCTION REQUIREMENTS. (a) Except as...

Section 36.455. Fees and Surcharges - Sec. 36.455. FEES AND SURCHARGES. (a) A district may not...

Section 36.456. Desired Future Conditions - Sec. 36.456. DESIRED FUTURE CONDITIONS. A district may consider hydrogeologic...

Section 36.457. Other Laws Not Affected - Sec. 36.457. OTHER LAWS NOT AFFECTED. This subchapter does not...

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Texas Statutes Subtitle E - Groundwater Management Chapter 36 - Groundwater Conservation Districts

Texas Statutes
Subtitle E - Groundwater Management
Chapter 36 - Groundwater Conservation Districts