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 Heart’s Delight Groundwater Conservation District (District) in Brooks 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 Brooks County was 7,976.  The total population is projected to increase to 9,303 by 2020.
 
2)   Location - The boundaries of the proposed district are coextensive with the boundaries of Brooks County, except the portions of Brooks County that are located within the boundaries of the Kenedy County 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 impose more restrictive conditions and fees on a permit to transfer groundwater out of the District if the transfer will have a negative impact. The District may not levy a tax that exceeds $0.04 per $100 assessed valuation. The District would be dissolved on September 1, 2012, if it is not confirmed by the voters.
 
4)  Overlapping Services-    The bill excludes some but not all of the territory in Brooks County that is within the boundaries of the Kenedy County Groundwater Conservation District. The overlap may result in conflicting regulation, fees, and taxes for property common to both districts. There are no other GCDs in Brooks County. GCD functions do not conflict with services provided by other types of water districts or utilities.
 
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 - In 2004, 47 percent of the total water use in Brooks County was for municipal use, with 20 percent for livestock and 18 percent for irrigation.   93 percent of the total water use (and 100 percent of the municipal water use) is from groundwater sources.