TO: | Honorable Tom Craddick, Speaker of the House, House of Representatives |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB4032 by Cook, Robby (Relating to the creation of the Colorado County Groundwater Conservation District; providing authority to impose a tax and issue bonds.), As Passed 2nd House |
1) Population - The total 2000 Census population of Colorado County was 20,390. The total population is projected to increase to 22,032 by 2020.
2) Location - The boundaries of the district are coextensive with the boundaries of Colorado County, except that the district does not include any territory that is included in the boundaries of the Coastal Bend Groundwater Conservation District.
3) Comments on Powers/Duties Different from Similar Types of Districts - Unlike general law GCDs, the bill provides that the directors of the District may hold subsequent elections if creation of the District is not confirmed at the initial election. Municipalities may be divided for District director precincts. District directors may not receive a fee of office. The District may not exercise the power of eminent domain; purchase, sell, transport or distribute surface or groundwater for any purpose; acquire property to construct recharge or water conservation facilities; require a meter on a well that is not subject to permitting; or, enter land without advance notice to the property owner. The District may adopt rules to require the owners or operators of exempt wells, other than exempt domestic or livestock wells, to report groundwater usage. Existing wells are exempt from District well spacing requirements and the District, by rule, may require exempt wells to comply with spacing requirements. The District may not levy a tax that exceeds $0.03 per $100 assessed valuation. The bill includes petition and election provisions for the District to be dissolved after January 1, 2016.
4) Overlapping Services - The bill excludes territory in the southeastern part of Colorado County that is within the boundaries of the Coastal Bend Groundwater Conservation District. There are no other GCDs in Colorado County. GCD functions do not conflict with services provided by other types of water districts or utilities. The bill repeals Chapter 303, Acts of the 77th Legislature, Regular Session, 2001, the enabling legislation for a previous GCD for Colorado County that was defeated by the voters in 2001 and 2002, and expired in 2003.
5) TCEQ's Supervision - As with general law GCDs, the TCEQ will have general supervisory authority, including bond review authority and authority as it is related to the District’s development and implementation of a management plan. The District would not have to comply with TCEQ financial auditing requirements. In accordance with the bill, TCEQ must dissolve the district if the agency finds that the district has not added at least one adjacent county by September 1, 2011.
6) Water Use - According to TWDB, 2004 Water Use estimates, 68 percent of Colorado County water use was for irrigation, with 30 percent for mining. Fifteen percent of the county’s water use comes from groundwater sources.
Source Agencies: | 582 Commission on Environmental Quality, 580 Water Development Board
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LBB Staff: | JOB, DB, WK
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