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 I, Title 6, Special District Local Laws Code by adding Chapter 9036 to create Comal County Water Control and Improvement District No. 5 (District) with the powers and duties of a water control and improvement district under Water Code Chapters 49 and 51. The purpose of the District includes providing works and projects under powers conferred by Article XVI, Section 59, Texas Constitution 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 does not name five temporary directors. The majority owners of the assessed land value inside the District may submit a petition requesting the 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 Comal County Water Control and Improvement District (WCID) No. 5 is in a county that is expected to have significant growth in the near future.
 
The county-other population for Comal County was 78,021 in 2000 and is expected to grow to 108,219 in 2010 and continue up to 146,868 in 2020.  The proposed district is located at least partially in the City of Bulverde, which is projected to grow from its 2000 population of 3,761 people to 8,098 in 2010 and onward to 13,649 in 2020.

2)  Location – The proposed WCID is at least partially within the northern part of the City of Bulverde. The proposed district does not appear to overlap with any known CCN boundaries.  Utilities in the area include Diamond Water Company, a Bexar Metropolitan Water District system, and the Berry Oaks Water Company.

3)  Comments on Powers/Duties Different from Similar Types of Districts - The District has the authority for road projects and for eminent domain limited to within the District's boundaries for road projects and recreational facilities. The District has the ability to levy a contract tax.  The District may be divided into two or more districts.
 
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 Comal County is needed to complete overlapping services check.
 
The Districts may overlap:  Certificates of Convenience and Necessity (CCN) No. 12871 for Comal Water Company, CCN No. 12857 for BBR Water Company, CCN No. 12844 for Berry Oaks Water Company, CCN Nos. 12977 & 20892 for Guadalupe Blanco River Authority, CCN No. 12884 for City of Bulverde, CCN No. 16692 for Canyon Lake Water Services, CCN No. 12865 for Diamond Water Company, CCN No. 11106 for Water Services Inc., CCN No. 10640 for San Antonio Water System.
 
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 - Within Comal County, 46.1 percent of the total water used was groundwater in the year 2004.  Around 58 percent of the groundwater used was for municipal purposes.  Groundwater is primarily pumped from the Trinity and Edwards BFZ aquifers.