LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
78TH LEGISLATIVE REGULAR SESSION
 
May 19, 2003

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
SB24 by Armbrister (Relating to the creation, administration, powers, duties, operation, and financing of the Ranch at Clear Fork Creek Municipal Utility District No. 1; granting the authority to impose taxes and issue bonds; granting the power of eminent domain.), As Engrossed

The Legislative Budget Board in cooperation with the Water Development Board (TWDB) and Texas Commission on Environmental Quality (TCEQ), has determined the following:

Subject to a confirmation election, the bill creates Ranch at Clear Fork Creek Municipal Utility District (District) in Caldwell County with the powers and duties provided by the general laws of the state including Chapters 49 and 54 of the Water Code.

1) Population - The proposed district is entirely within Caldwell County. The complexity of the proposed district boundaries does not allow staff to make an estimate of current or future population for the proposed district. The population projections recently approved for use in the 2006 Regional Water Plans show an increase in the Caldwell County population from 32,194 in the year 2000 to 50,275 in the year 2020. Staff are unable to predict how much, if any, of this growth will come from the proposed district.

2) Location & Size - The District includes 405.39 acres of land in Caldwell County.

3) Powers - The District has the general powers and duties granted to MUDs under Water Code Chapters 49 and 54. Subject to City of Uhland approval, the District has the power to divide into two or more contiguous districts without any further approval.

4) District Finances - Same as general law municipal utility districts under Water Code Chapter 54, including the issuance of bonds, levying a tax, and setting fees.

5) Board of Directors - Same as general law districts. The bill appoints five temporary directors named in the bill to serve until five initial directors are elected.

6) Eminent Domain - Same as general law districts, the District will have the rights and powers of eminent domain within five miles of its boundaries. Property may be acquired for sewer, water, storm drainage, and flood drainage only. The District may condemn by either fee simple title or an easement only.

7) Ability to Tax - As with general law districts, upon voter approval, the District may levy ad valorem debt service and operation and maintenance taxes.

8) Overlapping Services - There are no known overlapping services.

9) Ability to Exclude Property - Same as general law MUDs, the District has the power to exclude property.

10) Adequacy of Boundary Description - Boundary description provided formed an acceptable closure.

11) Comments on Powers /Duties Different from Similar Types of Districts - None.

12) TCEQ Supervision - As with general law districts, the TCEQ will have general supervision authority, including bond review authority and review of financial reports.

13) State Water Plan Objectives - In the year 2000, groundwater accounted for 58 percent of Caldwell County’s total water use. Municipal water use accounted for 72 percent of the total water use and 94 percent of the county’s groundwater use. The next highest water-use categories, livestock raising and irrigated agriculture, each accounted for 13-14 percent of the county’s total water use.

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.



Source Agencies:
580 Water Development Board, 582 Commission on Environmental Quality
LBB Staff:
JK, CL