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 Central Harris County Regional Water Authority (Authority) in Harris County with the powers and duties of Section 59, Article XVI, Texas Constitution and Water Code Chapter 49 related to general law districts. The purpose of the Authority including the acquisition and provision of surface water and groundwater for residential, commercial, industrial, agricultural, and other uses, the reduction of groundwater withdrawals, the conservation, preservation, protection, recharge, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, the control of subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions.

1) Population- Staff was unable to calculate the population of each district within the proposed authority within the review timeframe.  However, a number of the districts are itemized within the 2006 Region H Water Plan.  The population projections are below.

The population for the unincorporated portion of Harris County not within a water utility named in the plan (described as "County-Other") is projected to decline from 76,009 in 2000 to 65,312 in 2010.

2) Location & Size- The acreage is not referenced in the bill; however, the Authority is located in Harris County and comprises of Fallbrook Utility District (UD), Harris County UD No. 16 , Rankin Road West Municipal Utility District (MUD), and Harris County MUD Nos. 33, 150, 200, 205, 215, 217, 304, 399.

3) Powers- The District may adopt rules to conserve, preserve, protect, recharge and prevent waste of groundwater, and reduction of withdrawal f rom groundwater.  The District has the specific power f to construct and operate a water treatment or supply system and provide wholesale water inside or outside the District boundaaries. 

4) District Finances- The Authority may issue revenue bonds without voter authorization. The Authority may levy fees and user fees as necessary.  The District may levy a special assessment fee for improvement projects ina deinable area.

5) Board of Directors- The bill appoints five temporary directors named in the bill which will serve staggered four-year terms. Vacancies and expired terms will be filled by appointment from the governing bodies of the member districts.  The number of votes a district uses to elect a member is based on water usage within the voting district.

6) Eminent Domain- Same as general law districts except property owned by or within the boundaries of the City of Houston. The Authority may condemn by either fee simple title or an easement only.

7) Ability to Tax- The Authority may not levy ad valorem tax.

8) Ability To Exclude Property- The Authority has the power to exclude a member district based upon mutual agreement.

9) Overlapping Services- The bill names eleven local water districts (specified above) within the Authority.

10) Adequacy of Boundary Description- Since the Authority consist of eleven general law districts; therefore, a boundary description was not provided.

11) Comments on Powers /Duties Different from Similar Types of Districts- The District's powers are limited but specifically provide for contracting with the political subdivisions within its boundaries and other water providers to provide regional water supplies.  The District must adopt a groundwater reduction plan and drought contingency plan.  the District may not impose ad valorem taxes. 

12) TCEQ’s Supervision-TCEQ is avvvailable for to provide general supervision authority; however, the District would be exempt from the Commission's bond review authority.

13) State Water Plan Objectives-Water Use: Within Harris County, 24 percent of the total water use was groundwater in the year 2000.  Sixty-nine percent of the groundwater use was for municipal purposes.  The proposed district will be located over the Gulf Coast Aquifer and would be located in both the Harris-Galveston County Subsidence District.

Board staff finds that creation of the proposed authority 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.