Subject to a confirmation election, the bill creates the Brazoria County Groundwater Conservation District (District) providing for the powers, duties, administration, operations and financing of the District. The bill authorizes the District with the powers and duties of Texas Water Code, Chapter 36, related to the general law for Groundwater Conservation Districts (GCDs).

1) Population - The boundaries of the proposed district are coextensive with the boundary of Brazoria County. The population of the proposed district in the Year 2000 Census was 241,767 residents. Population projections developed by the Texas Water Development Board indicate the population of the proposed district should increase to approximately 331,731 by the year 2020.

2) Location & Size - The District’s boundaries would be coextensive with the boundaries of Brazoria County. Brazoria County is not located within a Priority Groundwater Management Area designated by the TCEQ.

3) Powers - Same as general law GCDs under Texas Water Code, Chapter 36 except for limitations providing that the District may not: impose a property tax; exercise eminent domain; acquire land; issue or sell bonds; or purchase, sell, transport, or distribute surface water or groundwater.

4) District Finances - Unlike general law GCDs under Texas Water Code which may impose property taxes, sell bonds and assess fees, the District may only assess production fees, export fees and administrative fees.

5) Board of Directors - Similar to general law GCD under Texas Water Code, Chapter 36, the District would be governed by a board of five elected directors. Unlike general law GCDs, directors would be elected according to the commissioners precinct method with one director elected from each commissioners precinct and one director elected at-large. The temporary directors, including four appointed by the Commissioners Court of Brazoria County and one named individual, are responsible for scheduling and conducting the District’s confirmation and initial directors election. Initial directors would serve until permanent directors are elected at an election scheduled for the first Tuesday after the first Monday of November of the first even-numbered year after the year in which the District is confirmed by election. At this election, three permanent directors would be elected to serve four-year terms and two would be elected to serve two-year terms. The appropriate number of directors would then be elected in November of each subsequent second year. General law GCDs created under Texas Water Code, Chapter 36, have 5 directors elected by the general precinct method.

6) Eminent Domain - Unlike general law GCDs under Texas Water Code, Chapter 36, the District is not authorized to exercise the power of eminent domain.

7) Ability to Tax - Unlike general law GCDs under Texas Water Code, Chapter 36, the District is not authorized to levy ad valorem taxes.

8) Overlapping Services - A Brazoria County Groundwater Conservation District currently exists in Brazoria County. This district was created by an Act of the 77th Legislature ( Chapter 1475, Acts of the 77th Legislature, Regular Session, 2001). If a voter election does not confirm the district before September 1, 2003, this Act, Chapter 1475, will expire on September 1, 2003. H.B. 3602 in creating the new Brazoria County Groundwater Conservation District repeals Chapter 1475, Acts of the 77th Legislature, Regular Session, 2001. If passed, the Act, H.B. 3602, would become effective on September 1, 2003.

9) Exclusion and Addition of Territory - As with general law for GCDs, there are no provisions to exclude territory.

10) Adequacy of Boundary Description - The District’s boundaries would be the same as the county boundaries of Brazoria County and form a closure.

11) Comments on Powers /Duties Different from Similar Types of Districts - Unlike general law GCDs under Texas Water Code, Chapter 36, the District may not: impose a property tax; exercise eminent domain; acquire land; issue or sell bonds; or purchase, sell, transport, or distribute surface water or groundwater. The District may not impose a tax or fee of any type or require a meter on a water well on private property that is used only for personal or agricultural purposes or to otherwise benefit the land on which the well is located. If passed, the Act would become effective on September 1, 2003. The Act would expire if the District has not been confirmed at an election held before on September 1, 2006.

12) TCEQ Supervision - The TCEQ’s supervision authority as it is related to the District’s development and implementation of a management plan would be the same as for general law GCDs. As with general law GCDs, the District would not have to comply with TCEQ financial auditing requirements.

13) State Water Plan Objectives - Local groundwater resources provided approximately 14 percent of the district’s water use in the year 2000. Municipal water use accounted for 72 percent of the annual groundwater use. The remaining groundwater use was split between irrigated agriculture (19 percent), manufacturing (4 percent), mining (2 percent), and livestock (3 percent). Board staff finds that creation of the proposed district is not in conflict with the State Water Plan objectives of promoting the efficient use of local groundwater resources and the implementation of practices and programs to effectively manage local groundwater resources.