Middle Trinity Groundwater Conservation District
The rules of the Middle Trinity Groundwater Conservation District were originally adopted by the Board of Directors on May 11th, 2004, at a duly posted public meeting in compliance with the Texas Open Meetings Act and following publication in accordance with the Texas Water Code Sec. 36.101. In accordance with Section 59 of Article XVI of the Texas Constitution; Act of May 25, 2001, 77th Leg., R.S., ch. 1362, 2001 Tex. Gen. Laws 3371; Act of May 23, 2003, 78th Leg., R.S., ch. 893, 2003 Tex. Gen. Laws 2717; Act of May 26, 2009, 81st Leg. R.S. ch. 521, 2009 Tex. Gen. Laws 1204; 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 originally became effective on May 11th, 2004.
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 District 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.