(a) The district by rule, resolution, or order may establish, amend, pledge, encumber,
expend the proceeds from, and assess to any person production fees based on the amount
of groundwater authorized by permit to be withdrawn from a well or on the amount of
water actually withdrawn, to enable the district to fulfill its purposes and regulatory
functions as provided by this chapter. The district may use revenues generated by fees it assesses for any lawful purpose.
(b) Notwithstanding any provision of general law to the contrary, a fee authorized
by Subsection (a) may not exceed:
(1) $1 per acre-foot annually for groundwater used for agricultural purposes; or
(2) 30 cents per thousand gallons annually for groundwater used for nonagricultural
(c) Notwithstanding any provision of general law or this chapter to the contrary,
if any, the district may assess a production fee under this section for groundwater
produced from a well or class of wells exempt from permitting under Section 36.117, Water Code. A production fee assessed by the district under this subsection must be based on
the amount of groundwater actually withdrawn from the well and may not exceed the
amount established by the district for permitted uses under Subsection (b)(2).
(e) The district by rule may establish a temporary or permanent discounted fee rate
for persons who prepay production fees to the district under this section on or before
the dates established by district rule.
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