The Legislative Budget Board, in cooperation with the Texas Water Development Board (TPWD) and the Texas Commission on Environmental Quality (TCEQ) has determined that:

The bill creates, subject to a confirmation election, the Brush Country Groundwater Conservation District (District) in all of Jim Hogg County, all of Brooks County except for territory in the Kenedy County Groundwater Conservation District on January 1, 2009, and about 11,000 acres in Hidalgo 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.

The Act takes effect immediately if passed by a two-thirds vote in each house. If passed otherwise, the Act would take effect September 1, 2009.

1)     Population - Population – The 2000 Census population of Brooks County was 7,976 people.  The State Water Plan projects the population to grow to 8,607 people in 2010 and to 9,303 in 2020.

Hidalgo County had a population of 569,463 people in 2000 and is projected to grow to 744, 258 in 2010 and to 948,488 people in 2020.

Jim Hogg County had 5,281 people as of the 2000 Census and is projected to grow to 5,593 people in 2010 and to 5,985 in 2020.

2)     Location - The boundaries of the proposed groundwater conservation district include all of Jim Hogg County, almost all of Hidalgo County, and most of Brooks County.  The district includes all of the land in these counties except for those portions of Hidalgo County and Brooks County that are located within the Kenedy County Groundwater Conservation District.  These excepted portions include the northeastern part of Hidalgo County and the southeastern third of Brooks County.

3) Comments on Powers/Duties Different from Similar Types of Districts - Unlike general law GCDs, the bill divides the District into four areas for the confirmation election. The District would be composed of the areas that vote to confirm creation of the District, and areas that vote against the measure would be removed from the District. A subsequent confirmation election is authorized. The bill names seven temporary directors and the temporary directors of the areas that confirm creation of the District become initial directors. The initial permanent directors are appointed by the Commissioners Courts of Brooks and Jim Hogg counties. The initial permanent directors will draw lots to determine two-and four-year terms. The bill provides that a director is not disqualified from service because the director is an employee, manager, director, or officer of a groundwater producer that is or may be regulated by the District. District directors are not entitled to receive fees of office for performance of duties.

Water Code, Section 36.121, relating to limitations on rulemaking power of GCDs over wells in certain counties does not apply to the District. The terms domestic use and livestock use are specifically defined for the District relating to exemptions from permitting. The District is provided specific authority to consider impacts of groundwater transfer and impose additional limitations and fees on these transfers. The District may not exercise the power of eminent domain. The District may not levy a tax that exceeds $0.03 per $100 of assessed valuation. If the District is not confirmed by the voters before September 1, 2011, the District would be dissolved on that date.

 4) Overlapping Services - The District does not overlap with the Kenedy County Groundwater Conservation District that includes territory Kenedy County and parts of Brooks, Hidalgo, Jim Wells, Kleberg, Nueces, and Willacy counties. GCD functions do not conflict with services provided by other types of water districts or utilities.

5) TCEQ 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 - Within Brooks County, 81 percent of the total water used was groundwater in 2004.  Of the groundwater used, 49 percent was for municipal purposes.  For Hidalgo County in 2004, 3.2 percent of the total water used was groundwater.  Of this, 59 percent was for municipal purposes.  In Jim Hogg County, almost 73 percent of the total water used was groundwater and of this, 45 percent was used for municipal purposes.  For all of these counties, the groundwater is pumped from the Gulf Coast Aquifer.