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.
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.