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 Smith Road Water Control and Improvement District (WCID) No. 1 of Jefferson County (District) with the powers and duties of a water control and improvement district under Water Code Chapters 49 and 51.  The District is also given powers and duties of a levee improvement district under Water Code Chapter 57. 

The purpose of the District includes providing works and projects under powers conferred by Article XVI, Section 59 and Article III, Section 52 of the 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 does not name five temporary directors.  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 listed in the petition.

The bill becomes effective on September 1, 2009.

1)     Population – The proposed Smith Road Water Control and Improvement District No. 1 of Jefferson County is located in a county that is expected to grow in the future and although the proposed area is rural, development is anticipated.

The 2007 State Water Plan projects Jefferson County to grow from its 2000 population of 252,051 people to 259,700 in 2010 and to 270,686 in 2020.  The county other population of Jefferson County was 16,364 in 2000 and is expected to grow to 21,249 in 2010 and to 28,265 in 2020.

2)     Location - The proposed district’s initial boundaries are described in a combination of county surveys and metes and bounds.  Due to the complexity of these boundaries for the various sub-areas of the district, staff is able to determine only the general location of the proposed district.

The proposed district lies in the central-northeast part of Jefferson County at the intersection of Smith Road and I-10.  The proposed district is within the southwestern city limits of Beaumont and is northeast of West Jefferson County Municipal Water District boundaries.

3)  Comments on Powers/Duties Different from Similar Types of Districts- The District has the power of eminent domain as granted by Water Code, Chapter 49.  The District may be divided into two or more districts under Chapter 53, Water Code for Fresh Water Supply Districts rather than Chapter 51 for WCIDs.  The District will have authority for road projects.

4)  Overlapping Services- The stated boundaries do not form an acceptable closure on some tracts.  An area map containing at least two reference points (major road names, road intersections) and the proposed district’s geographic location mapped within Jefferson County is needed to complete overlapping services check.  The district may overlap the following providers: Jefferson County Drainage District No. 6, Jefferson County Navigation District, Lower Neches Valley Authority, Sabine-Neches Navigation District of Jefferson County and West Jefferson County Municipal Utility District.

5)  TCEQ Supervision- The TCEQ supervision is limited to review of the District’s bonds to finance water, wastewater, or drainage facilities and financial reports required by the Water Code; otherwise, the District is not subject to TCEQ supervision.

6)  Water Use – Within Jefferson County, about 3 percent of the total water used was groundwater in 2004.  Of the total groundwater used, just over 90 percent was used for municipal purposes.  Groundwater within Jefferson County is pumped from the Gulf Coast Aquifer.  There are no planned water management strategies for this area of Jefferson County.