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, subject to a confirmation election, the Calhoun County Groundwater Conservation District (District) in Calhoun 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.
 
1)  Population – According to the 2007 State Water Plan, Calhoun County is projected to grow from 20,647 in 2000 to 23,556 in 2010 and to 26,610 in 2020.

2)     Location – The boundaries of the proposed district are coextensive with the boundaries of Calhoun County.

3)  Comments on Powers/Duties Different from Similar Types of Districts – Unlike general law GCDs, the District’s temporary directors will be appointed by the Commissioners Court of Calhoun County and will become the initial directors upon confirmation of the District. The District’s permanent directors will be elected to serve staggered four-year terms by the commissioners precinct method. The temporary directors must hold a confirmation election no later than September 1, 2010, and may hold subsequent confirmation elections if needed. The District directors are not entitled to receive fees of office.
 
The District may not deny a permit to drill a well to a landowner or his lessee who does not have a well equipped to produce more than 25,000 gallons per day. The District may provide mitigation and mediation assistance for the loss of domestic or livestock use due to other competitive use. The District may not exercise the power of eminent domain or levy a tax.

4)  Overlapping Services – There are no other GCDs in Calhoun 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 Calhoun County, 3.4 percent of the total water used in 2004 was groundwater. Of this, 7.5 percent was for municipal purposes and 83 percent was for manufacturing. Groundwater in Calhoun County is pumped from the Gulf Coast Aquifer.