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

Subject to a confirmation election, the bill would validate the creation of the South Buda Water Control and Improvement District No. 1 by the Hays County Commissioners Court on January 25, 2005 with the powers and duties of a water control and improvement district including road and street or security lighting powers, under Texas Water Code Chapters 49 and 51. Creation is subject to a confirmation election prior to September 1, 2010

Effective immediately with a vote of 2/3 of each house or on 9/1/2005.

1) Population- The detailed description of the proposed district’s boundaries does not allow staff to make an estimate of the population that would currently be residing in the district.  The population projections approved for use in the 2006 Regions H Water Plan shows an increase in Hays County-Other (Lower Colorado RWPG-portion) from 15,798 in 2000 to 24,018 in 2010.  The City of Buda is projected to grow from 2,404 to 8,042 in that same period.

2) Location and Size-The proposed district will be composed of 195 acres and appears to be south of the City of Buda and west of Interstate Highway 35.

3) Powers- The District will have the powers and duties granted to a general law water control and improvement district under Texas Water Code Chapters 49 and 51. The District would also have road and street or security lighting powers.

4) District Finances- Same as general law water control and improvement district under Texas Water Code Chapters 49 and 51, including the issuance of tax and revenue bonds, levy of maintenance tax and benefit assessments, and setting fees.

5) Board of Directors- Same as a general law water control and improvement district under Texas Water Code Chapter 51, the District is governed by a board of five directors who are elected at large for staggered four-year terms.

6) Eminent Domain- Same as general law districts, the District will have the rights and powers of eminent domain under Texas Water Code Chapter 49. The District may condemn by either fee simple title or an easement only.

7) Ability to Tax- Same as a general law water control and improvement district under Texas Water Code Chapter 51, upon voter approval the District may levy ad valorem debt service and operation and maintenance taxes.

8) Ability To Exclude Property- Same as general law water control and improvement district under Texas water Code Chapter 51, the District has the power to exclude property prior to the issuance of  tax supported bonds.

9) Overlapping Services- An adequate boundary description was provided for the proposed district and the proposed district appears to overlap with certified water or wastewater service areas (Tecon Water Co. LP CCN#12983 and LCRA #5460000). However, the Commission does not have the information to perform overlap checks of the proposed district boundary relative to city service areas, county service areas, or unknown district service areas.

10) Adequacy of Boundary Description- The boundary description has been reviewed and forms an acceptable closure.

11) Comments on Powers /Duties Different from Similar Types of Districts- If the District is not confirmed by an election before the fifth anniversary of the effective date of the Act, the Act expires.

12) TCEQ’s 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- Water Use:  Within Hays County, 68 percent of the total water use was groundwater in the year 2000. Ninety-two percent of the groundwater use was for municipal purposes. The proposed district may be located over the Edward BFZ Aquifer or the Trinity Aquifer and may be located in the Barton Springs/Edwards Aquifer Conservation District.

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