LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 27, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB4805 by Craddick (Relating to the creation of the West Texas Water Supply District; providing authority to impose a tax and issue bonds; granting the power of eminent domain.), As Introduced

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 amends Subtitle X, Title 6, Special District Local Laws Code by adding Chapter 11003 to create the West Texas Water Supply District (District) with the powers and duties provided by Water Code Chapters 30, 49, 51, 53, and 54, applicable to water control and improvement districts, fresh water supply districts, and municipal utility districts. 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 not subject to confirmation election by the voters.

 

The bill names five temporary directors. If an initial director fails to qualify for office the remaining initial directors shall appoint a person to fill the vacancy. If at any time there are fewer than three directors, the TCEQ will appoint the necessary number of persons to fill the vacancies. If a location cannot be agreed upon for the location of the organizational meeting of the initial directors, the meeting shall be held at the Midland County Courthouse.

 

The bill becomes effective immediately with two-thirds vote of the members or on September 1, 2009.


 

1)  Population – While the initial boundaries of the district include a small area in Midland County, the bill would authorize the district to annex any areas within 130 miles of the district, and specifically including Midland, Ector, Crane, Pecos, and Upton counties.  For this reason, discussion of population and water use will encompass all of these counties, and the city of Midland.

     

Name

2000 Population

2010 Population

2020 Population

City of Midland

94,996

100,137

105,639

Midland County

116,099

124,710

134,022

Crane County

3,996

4,469

4,990

Ector County

121,123

132,759

144,073

Pecos County

16,809

17,850

18,780

Upton County

3,404

3,757

4,068

 

 

2)     Location – The initial boundaries of the proposed district include 20 acres of land situated just west of the City of Midland, northwest of the Midland airport. The proposed district is located just west of Ranch Road 1788 and south of State Highway 191. The proposed area does not appear to overlap any known CCN boundaries.

 

3)  Comments on Powers/Duties Different from Similar Types of Districts - The District may contract, without election, for the supply water inside and up to 130 miles outside of the District, including the City of Midland. The District may provide water services up to 130 miles outside its original boundaries and in the counties of Pecos, Crane, Upton, Ector or Midland. The District may exercise the power of eminent domain not more than 130 miles from the initial boundaries of the District. Water Code Section 49.222 applies to the District in regard to eminent domain. The District may use bond proceeds or other available funds to obtain a certificate of convenience and necessity. The District may contract with a political subdivision to provide retail water or sewer services to the District. The District has the authority for road projects, to levy a contract tax, and for water control, improvement projects, and regional waste disposal.

 

4)  Overlapping Services - The stated boundaries form an acceptable. An area map containing at least two reference points (major road names, road intersections) and the proposed district's geographic location mapped within Midland County is needed to complete overlapping services check. A metes and bounds description is needed. Insufficient information has been provided to conduct an overlap check.

 

5)  TCEQ's 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 – As mentioned above, the initial boundaries of the district include a small area in Midland County, but the bill would authorize the district to annex any areas within 130 miles of the district, specifically including Midland, Ector, Crane, Pecos, and Upton counties.  For this reason, discussion water use will encompass all of these counties.

 

 

 

 

Groundwater

Name

% of Total Water Used that was Groundwater (2004)

% of Groundwater used for Municipal Purposes (2004)

Primary Aquifer Groundwater is pumped from (2003)

Midland County

49.5%

21%

Ogallala (61%) Edwards-Trinity Plateau (39%)

Crane County

59%

28%

Cenozoic Pecos Alluvium (97.5%)

Ector County

35%

42%

Edwards-Trinity Plateau (80.4%)

Pecos County

99.5%

9%

Edwards-Trinity Plateau (66%) Cenozoic Pecos Alluvium (32%)

Upton County

99.4%

8%

Edwards-Trinity Plateau (99.9%)

 

Surface Water

Name

% of Total Water Used that was Surface Water (2004)

% of Surface Water used for Municipal Purposes

Primary Source

Midland County

50.5%

99.5%

Colorado River MWD system,

O. H. Ivie reservoir

Crane County

41%

0%

Local supplies

Ector County

65%

92%

Colorado River MWD system

Pecos County

0.5%

0%

n/a

Upton County

0.6%

0%

n/a

 

 

The 2007 State Water Plan includes future water management strategies for three of the municipal users in the area:  Midland, Odessa, and the Ector County Utility District.  These strategies include conservation, direct reuse, surface water from O. H. Ivie reservoir and the Colorado River Municipal Water District system (through subordination of water rights), and groundwater from Andrews, Martin, and Winkler counties (for the city of Midland), and from Ward and Winkler counties (for the city of Odessa).  In addition, the Region F regional water planning group considered, but did not recommend, a water management strategy to develop additional groundwater supplies in Pecos County for transport to the city of San Angelo.

 



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