Sec. 8888.156. PRODUCTION FEES. (a) The authority may charge the owner of a well located in the authority a fee on the amount of water pumped from the well. The board shall establish the rate of a fee under this subsection only after a special meeting on the fee.
(b) The board by rule shall exempt from the fee established under Subsection (a) each class of wells that is not subject to a groundwater reduction requirement imposed by the subsidence district. If an exempted class of wells becomes subject to a groundwater reduction requirement imposed by the subsidence district, the authority may charge the fee established under Subsection (a) on the wells of that class. The board by rule may exempt any other class of wells from the fee established under Subsection (a).
(c) Notwithstanding any other law, the authority may charge a fee established under Subsection (a) on a well or class of wells located in the authority that, on or after June 30, 2013:
(1) ceases to be subject to a groundwater reduction requirement imposed by the subsidence district; or
(2) is no longer subject to the regulatory provisions, permitting requirements, or jurisdiction of the subsidence district.
(d) The board may not apply the fee established under Subsection (a) to a well:
(1) with a casing diameter of less than five inches that serves a single-family dwelling;
(2) regulated under Chapter 27, Water Code;
(3) used for irrigation of agricultural crops; or
(4) used solely for electric generation.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.04, eff. April 1, 2019.
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