Tex. Spec. Dist. Local Laws Code Section 8801.001
Definitions


In this chapter:

(1)

“Agricultural crop”:

(A)

means food or fiber commodities that are grown for resale or commercial purposes and that are to be used for food, clothing, or animal feed; and

(B)

includes nursery products and florist items that are in the possession of a nursery grower.

(1-a)

“Beneficial use” means any use that is useful or beneficial to the user, including:

(A)

an agricultural, gardening, domestic, stock raising, municipal, mining, manufacturing, industrial, commercial, or recreational use, or a use for pleasure purposes; or

(B)

exploring for, producing, handling, or treating oil, gas, sulfur, or other minerals.

(1-b)

“Board” means the board of directors of the district.

(2)

“Commission” means the Texas Commission on Environmental Quality.

(3)

“District” means the Harris-Galveston Subsidence District.

(3-a)

“Florist item” means a cut flower, potted plant, blooming plant, inside foliage plant, bedding plant, corsage flower, cut foliage, floral decoration, or live decorative material.

(4)

“Groundwater” means water located beneath the earth’s surface. The term does not include water produced with oil in the production of oil and gas.

(4-a)

“Nursery grower” means a person who grows in any medium more than 50 percent of the nursery products or florist items that the person sells or leases. A person grows a nursery product or florist item if the person cultivates or propagates the product or item by engaging in activities associated with the production or multiplying of stock, including the development of new plants from cuttings, grafts, plugs, or seedlings. The term does not include a person who merely holds or maintains a nursery product or florist item before sale or lease.

(4-b)

“Nursery product” includes a tree, shrub, vine, cutting, graft, scion, grass, bulb, or bud that is grown or kept for, or capable of, propagation and distribution for sale or lease.

(4-c)

“Regional water supplier” means a political subdivision of this state that has:

(A)

the authority to conserve, store, treat, and purify water and to transport, distribute, sell, and deliver water to any person in this state; and

(B)

an approved groundwater reduction plan.

(5)

“Subsidence” means the lowering of the elevation of the surface of land by groundwater withdrawal.

(5-a)

“Waste” means:

(A)

the withdrawal of groundwater from a groundwater reservoir at a rate and in an amount that causes or threatens to cause intrusion into the reservoir of water unsuitable for agricultural, gardening, domestic, or stock raising purposes;

(B)

the flowing or producing of wells from a groundwater reservoir if the water produced is not used for a beneficial use or if the amount used is more than is reasonably required for a beneficial use;

(C)

the escape of groundwater from a groundwater reservoir to any other reservoir or geologic strata that does not contain groundwater;

(D)

the pollution or harmful alteration of groundwater in a groundwater reservoir by saltwater or other harmful matter admitted from another stratum or from the surface of the ground;

(E)

wilfully or negligently causing, suffering, or allowing groundwater to escape or flow into a river, creek, natural watercourse, depression, lake, reservoir, drain, sewer, street, highway, road, or road ditch, or onto land that does not belong to the owner of the well unless the discharge is authorized by a permit, rule, or order issued by the commission under Chapter 26 (Water Quality Control), Water Code;

(F)

the escape of groundwater pumped for irrigation as irrigation tailwater onto land that does not belong to the owner of the well unless the occupant of the land receiving the discharge granted permission for the discharge; or

(G)

wilfully causing or knowingly permitting the water produced from an artesian well to run off the owner’s land or to percolate through the stratum above which the water is found, as prescribed by Section 11.205 (Wasting Water from Artesian Well), Water Code.

(6)

“Water conservation” means a measure that seeks to make a water supply available for alternative or future use. The term includes best management practices, improved efficiency or accountability, recycling, reuse, pollution prevention, and reduction in consumption, loss, or waste.

(7)

“Well” means a facility, device, or method used to withdraw groundwater from the groundwater supply.

(8)

“Well owner” means a person who has an ownership interest in a well, operates a well, owns land on which a well is located, or owns the water withdrawn or to be withdrawn from a well.

(9)

“Withdrawal” means the act of extracting by pumping or some other method.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 238 (S.B. 1537), Sec. 2, eff. May 27, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1187 (S.B. 1031), Sec. 1, eff. June 14, 2013.

Source: Section 8801.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/SD/htm/SD.­8801.­htm#8801.­001 (accessed Jun. 5, 2024).

8801.001
Definitions
8801.002
Nature of District
8801.003
Purpose
8801.004
Findings of Benefit and Public Purpose
8801.005
District Territory
8801.051
Directors
8801.052
Fees of Office
8801.053
Board Powers and Duties
8801.054
Officers
8801.055
Meetings
8801.056
Vacancies
8801.057
General Manager
8801.058
Employees
8801.059
Employee Benefits
8801.060
Expenditures
8801.061
Fiscal Year
8801.062
Annual Audit
8801.063
Annual Budget
8801.064
Depository
8801.065
Investments
8801.066
Investment Officer
8801.101
District Powers and Duties
8801.102
Nonapplicability of Other Law
8801.103
Sale or Distribution of Water Prohibited
8801.104
Authority to Compel Testimony, Administer Oaths, and Issue Subpoenas
8801.105
Suits by or Against the District
8801.106
Grants
8801.107
Cooperation with Governmental Entities
8801.108
Rules
8801.109
Hearings
8801.110
Notice of Hearings
8801.111
District Plan
8801.112
Adoption of District Plan
8801.113
Water Conservation Measures
8801.114
District Research
8801.115
Studies by Board Staff
8801.116
Access to Property
8801.117
Annual Groundwater Withdrawal Determination
8801.118
Monitoring and Supervision by District
8801.119
Regulation of Spacing and Groundwater Withdrawal
8801.120
Water-metering Devices
8801.121
Required Written Policies
8801.122
Records
8801.123
Open or Uncovered Wells
8801.151
Groundwater Withdrawals Subject to Board Rule
8801.152
Certain Groundwater Uses Exempt
8801.154
Well Registration
8801.155
Permit Required
8801.156
Application for Permit
8801.157
Notice and Hearing on Permit
8801.158
Issuance of Permit
8801.159
Term of Permit
8801.160
Renewal of Permit
8801.161
Permit Fees
8801.162
Annual Report
8801.163
Conversion to Alternative Water Supply
8801.201
Appeal of Surface Water Rates
8801.202
Appeal of District Actions
8801.204
Injunctive Relief
8801.0551
Quorum
8801.0552
Sworn Statement, Bond, and Oath of Office

Accessed:
Jun. 5, 2024

§ 8801.001’s source at texas​.gov