Governing Documents
District Rules
The rules of the Clearwater Underground Water Conservation District were initially adopted by the Board of Directors on November 13, 2001, at a duly posted public meeting in compliance with the Texas Open Meetings Act and following notice and hearing in accordance with the Texas Water Code Sec. 36.101. In accordance with Section 59 of Article XVI of the Texas Constitution and Acts of the 71st Legislature, Regular Session, Chapter 525, 1989, and Chapter 36 of the Texas Water Code, the following rules are hereby ratified and adopted as the rules of this District by its Board. These rules which initially took effect on February 1, 2002, were subsequently amended on May 21, 2002, June 18, 2002, and February 24, 2004, and, in their present form, are effective as of March 1, 2004. Minor revisions occurred on October 18, 2004, December 14, 2004, March 29, 2005, April 26, 2005, June 21, 2005, December 13, 2005, February 20, 2007, April 20, 2010, January 11, 2011, August 9, 2011, and January 14, 2014. The District Rules were again amended on March 9, 2016 with an effective date of April 1, 2016. Significant changes to the District Rules were approved by resolution on October 12, 2022 with an effective date of November 1, 2022. The District Rules were amended again on October 11, 2023 with an effective date of October 11, 2023.
The rules, regulations, and modes of procedure herein contained are and have been adopted to simplify procedures, avoid delays, and facilitate the administration of the water laws of the State and the rules of this District. These rules are to be construed to attain those objectives.
These rules may be used as guides in the exercise of discretion, where discretion is vested. However, these rules shall not be construed as a limitation or restriction upon the exercise of discretion conferred by law, nor shall they be construed to deprive the District or the Board of any powers, duties, or jurisdiction provided by law. Nothing in these rules shall be construed as granting the authority to deprive or divest a landowner, including a landowner’s lessees, heirs, or assigns, of the groundwater ownership and rights described by Section 36.002 of the Texas Water Code, recognizing, however, that Section 36.002 does not prohibit the District from limiting or prohibiting the drilling of a well for failure or inability to comply with minimum well spacing or tract size requirements adopted by the District; affect the ability of a district to regulate groundwater production as authorized under Section 36.113, 36.116, or 36.122 or otherwise under Chapter 36 of the Texas Water Code or a special law governing the District; or require that a rule adopted by the District allocate to each landowner a proportionate share of available groundwater for production from the aquifer based on the number of acres owned by the landowner. These rules will not limit or restrict the amount and accuracy of data or information that may be required for the proper administration of the law.
District Bylaws
The Clearwater Underground Water Conservation District (“District”) was created by Resolution of the Commissioners Court of Bell County, Texas, pursuant to H.B. 3172, Chapter 524, Acts of the 71st Legislative (1989 Session)(the “Act”).
The District is a governmental agency and a body politic and corporate, created by, and acting pursuant to the Act as amended by S.B. 404, Chapter 22, Act of the 77th Legislative (2001 Session) and S.B. 1755, Chapter 64, Act of the 81st Legislative (2009 Session), and by applicable law including the provisions of Chapter 36 and 49 of the Texas Water Code.
These bylaws are adopted to facilitate the conduct of the business of the District. In the event of any conflict between these Bylaws and applicable law, it is expressly recognized that such conflict is inadvertent and unintended, and the law shall govern.
District Groundwater Management Plan
Senate Bill 1 (SB 1), enacted by the 75th Texas Legislature in 1997, and Senate Bill 2 (SB 2), enacted by the 77th Texas Legislature in 2001, established a comprehensive statewide planning process and the actions necessary for districts to manage and conserve the groundwater resources of the state of Texas.
These bills required all underground water conservation districts to develop a management plan which defines the water needs and supply within each district and the goals each district will use to manage the underground water in order to meet their needs. In addition, the 79th Texas Legislature enacted HB 1763 in 2005 that requires joint planning among districts that are in the same Groundwater Management Area (GMA). These districts must establish the desired future conditions of the aquifers within their respective GMAs.
Through this process, the districts will submit the desired future conditions to the executive administrator of the Texas Water Development Board (TWDB) who will provide each district with the managed available groundwater in the management area based on the desired future conditions of the aquifers in the area. Technical information, such as the desired future conditions of the aquifers within the District’s jurisdiction and the amount of managed available groundwater from such aquifers is required to be included in the District’s management plan and will guide the District’s regulatory and management policies.
The District’s management plan satisfies the requirements of SB 1, SB 2, HB 1763, the statutory requirements of Texas Water Code (TWC) Chapter 36, and the rules and requirements of the TWDB.
Civil Penalty Schedule
In the context of groundwater, a civil penalty schedule outlines the penalties for violating rules or regulations regarding groundwater use, including penalties for things like unauthorized use, failure to register wells, and failing to report production.
The Civil Penalty Schedule for the Clearwater Underground Water Conservation District (“District”) provides the guidelines that the District will follow when enforcing its rules or addressing other issues within its jurisdiction.
The District’s Civil Penalty Schedule in no way restricts the District’s authority or powers as established by Chapter 36 of the Texas Water Code (“Chapter 36”), the District’s Rules (“Rules”), or any order of the Board of Directors (“Board”) of the District.
If the District’s Civil Penalty Schedule contradicts or is inconsistent with Chapter 36 or the Rules, Chapter 36 or the Rules prevail. The District’s Civil Penalty Schedule does not generate or provide any procedural or substantive rights to any person or entity.
| Violation | ** Minimum Penalty per Violation |
|---|---|
| Use of groundwater for purposes other than indicated on application. | $1,000 |
| Use of groundwater that constitutes “waste.” | $1,000 |
| Failure to plug an abandoned or deteriorated well within required period. | $1,000 |
| Drilling or having a well drilled, altered or re-equipped without obtaining a permit. | $1,000 |
| Falsification of records. | $1,000 |
| Providing inaccurate information & documentation. | $100 |
| Failure to execute requirements to transfer ownership of a permit or registration. | $100 |
| Failure to register a well. | $100 |
| Failure to report monthly groundwater production within the required period. | $500 |
| Producing water from a well without authorization. | $1,000 |
| Having a well drilled by an unlicensed and unauthorized Driller. | $250 |
| Having a well equipped by an unlicensed and unauthorized Pump Installer. | $250 |
| Failure to submit required documentation reflecting alterations or increased production. | $1,000 |
| Failure to permit entry to well site for inspection or testing purposes. | $100 |
| Water Well Construction and Completion Requirements as follows: | |
| Failure to identify undesirable water. | $250 |
| Failure to contain tailings on-site. | $500+ remediation |
| Failure to properly install identification monument pin. | $100 |
| Failure to utilize approved construction materials. | $250+ remediation |
| Failure to properly cement annular space. | $500 + remediation |
| Failure to complete wellhead concrete slab within 10 days of departure of the drilling rig from the well site. | $100 |
| Failure to file documentation with District within required period. | $100 |
| Failure to properly plug, to include State-approved methods & materials, an abandoned, deteriorated or undesired well. | $1,000, unless otherwise provided per agreement with Texas Dept. of Licensing and Regulation |
| Failure to properly drill or complete a well for its intended use. | $1,000 |
| Installation of production equipment prior to date when Driller’s construction requirements are complete. | $50 |
| Failure to submit a completed certified statement of well completion—State of Texas Well Report (Driller’s Log)—to the District within required period. | $100 |
| Failure to install metering device for determining production. | $1,000 |
*Wells drilled prior to February 1, 2002, are not subject to fines until January 1, 2003. Wells drilled after February 1, 2002, are subject to fines beginning July 1, 2002.
**Each day that a violation continues shall be considered a separate violation. These penalty amounts do not include attorneys’ fees, court costs, or any other costs, fees, or other relief the District may seek in a civil suit in addition to the stated penalty amounts set forth in this civil penalty schedule.
Civil Penalty Documents
Resolution: Fee Schedule Changes
Effective February 1, 2002*
Amended March 21, 2006
Chapter 36 – Texas Water Code
The Texas Water Code regulates the use of water in the state, including how water is used, how it’s distributed, and how it’s conserved. The code also covers the rights to use state water and how to acquire those rights.
State Water Plan
The 2012 State Water Plan was adopted by the Board on December 15, 2011, and sent to the Governor on January 5, 2012.
The primary message of the 2012 State Water Plan is a simple one: In serious drought conditions, Texas does not and will not have enough water to meet the needs of its people, its businesses, and its agricultural enterprises.
This plan presents the information regarding the recommended conservation and other types of water management strategies that would be necessary to meet the state’s needs in drought conditions, the cost of such strategies, and estimates of the state’s financial assistance that would be required to implement these strategies. The plan also presents the sobering news of the economic losses likely to occur if these water supply needs cannot be met.
As the state continues to experience rapid growth and declining water supplies, implementation of the plan is crucial to ensure public health, safety, and welfare and economic development in the state.
