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 would create the  East Montgomery County Municipal Utility District Nos. 5, 6, and 7 (Districts) in Montgomery County with the powers and duties of Water Code Chapters 49, 50, and 54 related to general law Municipal Utility Districts.

1) Population- Due to the boundaries being described in manner of name surveys, staff is not able to estimate a population within the proposed districts.  The population for the New Caney MUD is expected to grow from 9,363 in the year 2000 to 14,237 in 2010.  The population for the City of Woodbranch Village is expected to remain constant at 1,305 throughout the planning period.

2) Location & Size- The proposed  districts are located in Montgomery County and contain the following approximate areas: No. 5 with 516.8 acres, No. 6 with 666.4 acres, and No. 7 with 381.3 acres.

3) Powers- The District will have the general powers and duties granted to municipal utility districts under Texas Water Code Chapters 49, 50, and 54.  The district may construct, acquire, improve, maintain, or operate mucadamized, graveled, or paved roads or turnpikes inside the district.

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

5) Board of Directors. Same as general law districts. On or after the effective date, a person who owns land in the District may petition to appoint the temporary directors. After which, permanent directors are elected to the positions.

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. Property may be acquired for any authorized purpose, which may include water, wastewater, and storm drainage. 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) Ability to Exclude Property- Same as general law MUDs, the District has the power to exclude property.

9) Overlapping Services- An adequate boundary description and location map was provided for the proposed district and no certified water or wastewater service area overlaps or known district boundary overlaps were found. 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- All tracts form acceptable closures.

11) Comments on Powers /Duties Different from Similar Types of Districts- The District may fund the construction maintenance, and operation of macadamized, graveled, or paved roads and turnpikes through bonds.

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 Montgomery County, 99 percent of the total water use in the year 2000 was groundwater.  The proposed district would be located over the Gulf Coast Aquifer and within the Lone Star Groundwater Conservation District.  The 2001 Region H Water Plan projects relatively stable use of the aquifer over the next 50 years.