TO: | Honorable Allan Ritter, Chair, House Committee on Natural Resources |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB4809 by Hardcastle (Relating to the creation of the North Texas Groundwater Conservation District; providing authority to issue bonds.), 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 creates the North Texas Groundwater Conservation District (District) in Collin, Cooke, and Denton Counties 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 – The proposed district includes all of Collin, Cooke, and
County |
2000 Population |
2010 Population |
2020 Population |
Collin |
491,774 |
756,088 |
1,033,173 |
Cooke |
36,363 |
42,675 |
47,792 |
|
432,976 |
720,064 |
953,668 |
2) Location – The proposed district’s boundaries are coextensive with the boundaries of Collin, Cooke, and
Existing water wells are exempt from District well spacing requirements. The District may require any new well or class of wells exempt from permitting to register the wells and comply with District spacing requirements. By rule, the District may require the owner or operator or a well or class of wells exempt from permitting to report groundwater usage, except for private domestic, livestock, or poultry water wells producing less than 25,000 gallons per day on a tract of land larger than ten acres. The District may not exercise the power of eminent domain. The District is provided authority to assess a disincentive fee for enforcement remedy purposes.
The District may not impose a tax to pay for operation and maintenance purposes. District well production fees for non-agricultural use are capped at $0.30 per 1,000 gallons and $1.00 per acre-foot annually for agricultural purposes. The District may not charge an export fee to a producer of groundwater withdrawn from a well in the District and distributed to any part of the territory under the provider’s certificate of public convenience and necessity. The District is authorized to establish, adopt, and enforce the collection of fees and establish and enforce metering and reporting requirements before the adoption of the District’s management plan. The District would be dissolved on January 1, 2010 if has not been confirmed by two of the three county commissioner courts.
4) Overlapping Services – There are no other GCDs in Collin, Cooke, or Denton Counties. 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 Collin, Cooke, and
County |
% of total water used in 2004 that was groundwater |
% of groundwater that was for municipal purposes (2004) |
Primary Aquifer(s) (2003) |
Collin |
3.6% |
78.5% |
Woodbine (49.3%) Trinity (40.7%) |
Cooke |
79.3% |
88.2% |
Trinity (100%) |
|
16.9% |
90.0% |
Trinity (82.9%) Woodbine (17.1%) |
Source Agencies: | 582 Commission on Environmental Quality, 580 Water Development Board
|
LBB Staff: | JOB, CL
|