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 Fort Bend County Water Control and Improvement District No. 10 (District) with the powers and duties of a water control and improvement district under Water Code Chapters 49 and 51. 

The purpose of the District includes providing works and projects under powers conferred by Article XVI, Section 59, Texas Constitution and Article III, Section 52, Texas Constitution, to benefit the property within the District.  The District is subject to confirmation election by the voters.  The District is subject to consent of all municipalities in whose corporate limits or extraterritorial jurisdiction the district is located. 

The bill names five temporary directors. The temporary directors are Jay Henry, Mark Schindler, David Vercellino, Chris Sitka and Chrystal Seymour.  The majority owners of the assessed land value inside the District may submit a petition requesting the Texas Commission on Environmental Quality (TCEQ) appoint the five temporary directors if permanent directors have not been elected under Section 9034.003 and the terms of the director have expired.

The bill becomes effective on September 1, 2009.

1)     Population – The proposed Fort Bend County Water Control and Improvement District (WCID) No. 10 is in a county that is expected to have rapid growth in the near future and while the proposed WCID boundaries cover a rural area, it is anticipated to be developed.

The county-other population for Fort Bend County was 38,168 in 2000 and is expected to grow to 64,065 in 2010 and continue up to 120,315 in 2020.  The proposed district is located near the City of Richmond, which is projected to grow from its 2000 population of 11,081 people to 12,173 in 2010 and onward to 13,305 in 2020.

2)     Location – The proposed boundaries of the WCID are in the central part of the county, north of the Brazos River along FM 359.  The area is just east of Pecan Grove and north of Richmond.  The proposed district does not appear to overlap with any known CCN boundaries.  It lies next to Fort Bend County Water Control and Improvement District (WCID) No. 3 and Pecan Grove Municipal Utility District (MUD).

3)  Comments on Powers/Duties Different from Similar Types of Districts-The District will have the authority for road projects.  The District will have the power of eminent domain, but it is limited to within the District for road projects or recreational facilities.  The bill gives the District the ability to levy a contract tax.

4)  Overlapping Services- The stated boundaries form an acceptable closure.  An area map containing at least two reference points (major road names, road intersections) and the proposed district’s geographic location mapped within Fort Bend County is needed to complete overlapping services check. 

The District may overlap Brazos River Authority, Fort Bend County Drainage District, Fort Bend County Municipal Utility District (MUD) Nos. 140, 145, 146, Fort Bend County Water Control and Improvement District Nos. 3 and 8, Pecan Grove MUD, West Fort Bend Management District, Certificates of Convenience and Necessity (CCN) Nos. 12902 and 20867: Aqua Texas, Inc, and CCN No. 12933: Goldenrod Estates HOA.

5)  TCEQ Supervision- As with general law districts, the TCEQ will have general supervisory authority, including bond review authority and review of financial reports.

6) Water Use - Within Fort Bend County, 49.7 percent of the total water used was groundwater in the year 2004.  Around 79 percent of the groundwater used was for municipal purposes.  Groundwater is primarily pumped from the Gulf Coast Aquifer (96%), while the rest comes from the Brazos River Alluvium Aquifer.