The Legislative Budget Board, in cooperation with the Texas Water Development Board (TWDB) and the Texas Commission on Environmental Quality (TCEQ), has determined that:
 
The bill creates the Colorado County Groundwater Conservation District (District) in Colorado County with the powers and duties of Water Code, Chapter 36 related to general law for groundwater conservation districts (GCDs). The purpose of the District is to benefit property by providing for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and to control subsidence caused by the withdrawal of groundwater under powers conferred by Article XVI, Section 59 of the Texas Constitution. Creation of the District is subject to a confirmation election.

 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 not levy a tax that exceeds $0.03 per $100 assessed valuation. The bill includes petition and elections provisions for the District to be dissolved after January 1, 2016. The District would be dissolved on September 1, 2011, if it is not confirmed by the voters.
 
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.
 
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.  15 percent of the county’s water use comes from groundwater sources.