Tex. Spec. Dist. Local Laws Code Section 8888.166
Surface Water Delivery System


(a)

In this section, “surface water delivery system”:

(1)

includes a facility that is to be constructed and that will be:

(A)

used to transport groundwater between utility districts;

(B)

used temporarily to transport groundwater between utility districts if there is a reasonable probability that the facility will be used for that purpose on a permanent basis in the future; or

(C)

necessary to accomplish an authority purpose, including management of water, water conservation, or water reuse; and

(2)

does not include the use of the bed and banks to transport water or wastewater.

(b)

The authority may expedite the financing and construction of a surface water delivery system, or other projects of the authority, to accomplish a conversion from reliance on groundwater to reliance on surface water not later than the earlier of:

(1)

the date required by the subsidence district; or

(2)

the date determined by the board to be in the interest of the authority or one or more districts inside or outside the authority.

(c)

It is the intent of the legislature that the commission cooperate with and assist the authority in developing a surface water delivery system or other authority project in an expedited manner as provided by Subsection (b).

(d)

The commission and the authority may enter into a memorandum of understanding that relates to the construction of a surface water delivery system. The memorandum of understanding may:

(1)

establish standard procedures for the commission to grant conditional or final approval of authority construction projects;

(2)

establish standing waivers or conditions applicable to those construction projects;

(3)

delegate powers to the authority to carry out any commission duty relating to an activity that the authority may undertake if the delegation:

(A)

does not violate federal law; and

(B)

is not inconsistent with any agreement of this state with, or any delegation of authority to this state from, the United States Environmental Protection Agency;

(4)

set minimum standards for construction or other projects; or

(5)

address any other matter that relates to an activity that the authority may undertake and that the commission may regulate.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.

Source: Section 8888.166 — Surface Water Delivery System, https://statutes.­capitol.­texas.­gov/Docs/SD/htm/SD.­8888.­htm#8888.­166 (accessed Apr. 29, 2024).

8888.001
Definitions
8888.002
Nature of Authority
8888.003
Findings of Public Use and Benefit
8888.004
Districts in Authority’s Boundaries
8888.005
Applicability of Other Law
8888.051
Authority Territory
8888.052
Local Government Annexation
8888.053
Addition of Water System Service Area
8888.054
Inclusion of Certain Territory
8888.101
Composition of Board
8888.102
Election of Directors
8888.103
Election Date
8888.104
Qualification for Office
8888.105
Board Vacancy
8888.106
Meetings
8888.107
General Manager
8888.108
Employees
8888.109
Fidelity Bond
8888.151
General Powers and Duties
8888.152
Additional Powers
8888.153
Authority Rules
8888.154
Fees, Rates, and Charges
8888.155
Fee Amounts
8888.156
Production Fees
8888.157
Groundwater Reduction Plan
8888.158
Water Supply and Drought Contingency Plans
8888.159
Acquisition, Construction, and Operation of Systems
8888.160
Storage, Sale, or Reuse of Water or By-product
8888.161
General Contracting Authority
8888.162
Specific Contracting Authority
8888.163
Purchase of Surplus Property
8888.164
Purchase of Interest in Project
8888.165
Cooperation with Public Entities
8888.166
Surface Water Delivery System
8888.167
Conditional Approval of Construction Projects
8888.168
Statement of Amounts of Water to Be Delivered
8888.169
Effect of Municipal Annexation on Fees and Services
8888.170
Civil Penalty
8888.171
Eminent Domain
8888.201
Gift or Grant from Subsidence District
8888.202
Authorization of Disbursement
8888.203
Ad Valorem Tax Prohibited
8888.204
Cooperative Funding
8888.251
Revenue Notes
8888.252
Revenue and Bond Anticipation Notes
8888.253
Bonds and Notes
8888.254
Bonds Secured by Contract Proceeds: Approval
8888.255
Refunding Bonds
8888.256
Validity of Bonds After Addition of Territory

Accessed:
Apr. 29, 2024

§ 8888.166’s source at texas​.gov