LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 6, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB4710 by Aycock (Relating to the creation of the Clearwater Ranch Municipal Utility District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.), As Introduced

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 Clearwater Ranch Municipal Utility District No. 1 (District) with the powers and duties of a municipal utility district under Water Code Chapters 49 and 54

 

The purpose of the District includes providing works and projects under powers conferred by Article XVI, Section 59 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 name 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 immediately with two-thirds vote of the members or on September 1, 2009.

 

1)     Population - The proposed Clearwater Ranch Municipal Utility District No. 1 is located in a rural part of Burnet County where development is anticipated.  Burnet County had 34,147 people in 2000 and is projected by the 2007 State Water Plan to grow to 41,924 in 2010 and to 51,044 in 2020.  The County Other population for Burnet County was 17,315 people in 2000 and is projected to grow to 21,733 in 2010 and to 26,913 in 2020.

 

2)     Location - The proposed district is located in the eastern part of Burnet County, north of Highway 29 along the northeastern shore of Lake Buchanan, and to the east of the community of Canyon of the Eagles.

 

3) Comments on Powers/Duties Different from Similar Types of Districts - The District has the power of eminent domain but it is limited to within the District’s boundaries for road projects or recreational facilities. The District has the ability to levy a contract tax. The District may be divided into two or more districts. The District has authority for road projects.

 

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 Clearwater Ranch Municipal Utility District No. 1 is needed to complete overlapping services check. The district may over lap the following provider: Lower Colorado River Authority.

 

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 Burnet County, 25 percent of the total water used was groundwater in 2004.  Of this groundwater, 69 percent was used for municipal purposes.  Groundwater in Burnet County is mainly pumped from the Trinity Aquifer, but is also drawn from the Ellenburger-San Saba, Hickory, and Marble Falls Aquifers.

 



Source Agencies:
582 Commission on Environmental Quality, 580 Water Development Board
LBB Staff:
JOB, KK