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 Terrell County Groundwater Conservation District (District) in Terrell 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.

If passed, the Act would take effect September 1, 2009.

3)  Comments on Powers/Duties Different from Similar Types of Districts – Unlike general law GCDs, the bill provides for the election of five directors by the commissioners precincts method. The bill limits fees of office for directors to $50 per day with a maximum of $3,000 per year. The bill provides that Water Code, Section 36.121, Limitation on Rulemaking Power over Wells in Certain Counties, does not apply to the District. The bill provides that the District may not: purchase, sell, transport or distribute surface water or groundwater for any purpose; exercise the power of eminent domain; levy a tax that exceeds $0.015 per $100 assessed valuation; and, exceed bond or note indebtedness of $500,000. District production fees may not exceed $0.25 per acre-foot for agricultural irrigation or $0.0425 per 1,000 gallons for water used for any other purpose. The District would be dissolved on December 31, 2010, if it is not confirmed by the voters.

4)  Overlapping Services – There are no other GCDs in Terrell 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 – Within Terrell County, 33 percent of the total water used was groundwater in 2004.  Of this, about 40 percent was used for municipal purposes.  Groundwater in Terrell County is pumped from the Edwards-Trinity Plateau Aquifer.