Special District Local Laws Code § 8870.153

Sec. 8870.153. FEES. (a) Except as provided by Subsection (g), the board may impose fees on each nonexempt well in the district. (b) A fee may be assessed annually, based on: (1) the size of column pipe used in the well; (2) the production capacity of the well; or (3) actual, authorized, and anticipated pumpage. (c) A fee imposed under this section may not exceed: (1) $1 per acre-foot for water used for agricultural purposes; or (2) $40 per acre-foot for water used for a purpose other than an agricultural purpose. (d) The board may use fees as a regulatory mechanism or a revenue-producing mechanism. (e) The board shall adopt rules regarding: (1) fee rates; (2) the manner and form for filing reports of fees; and (3) the manner of collecting fees. (f) To secure payment of a fee imposed under this section, a lien attaches to the property on which the well is located. The lien has the same priority and characteristics as a lien for district taxes. The district may use the lien and all other powers that the district possesses to collect the payment of the fee. (g) If the district imposes a tax under Section 8870.151, the district may not impose a fee under this section. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.05, eff. April 1, 2015.