TO: | Honorable Allan Ritter, Chair, House Committee on Natural Resources |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | SB2529 by Estes (Relating to the creation of the Red River Groundwater Conservation District; providing authority to issue bonds; granting the power of eminent domain.), As Engrossed |
The Legislative Budget Board, in cooperation with the Texas Water Development Board (TPWD) and the Texas Commission on Environmental Quality (TCEQ) has determined that:
The bill creates the Red River Groundwater Conservation District (District) in Fannin and
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.
The Act takes effect immediately if passed by a two-thirds vote in each house. If passed otherwise, the Act would take effect September 1, 2009.
1) Population - According to the 2007 State Water Plan,
Fannin County had a 2000 population of 31,242 and is projected to grow to 36,842 in 2010 and to 40,539 in 2020.
2) Location - The district is a groundwater conservation district comprised of all the territory within Grayson and
3) Comments on Powers/Duties Different from Similar Types of Districts - Unlike general law GCDs, a confirmation election is not required to create the District. The bill provides that Water Code, Chapter 36, Subchapter B, relating to Creation of District does not apply. The bill provides special provisions for the appointment of seven initial and permanent directors for the District who will serve staggered four-year terms. The bill provides special provisions for seven permanent directors for the District who will serve staggered four-year terms, with the terms of three or four directors from each county expiring on August 31st of each odd-numbered year. One director will be appointed at the discretion of the
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 is provided authority to assess disincentive fee for enforcement remedy purposes. The District may not impose a tax to pay for operation and maintenance purposes. District well production annual fees for non-agricultural use at $0.30 per 1,000 gallons and agricultural use are capped at $1.00 per acre-foot. 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.
4) Overlapping Services - There are no other GCDs in Fannin or
5) TCEQ 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
Within
Source Agencies: | 582 Commission on Environmental Quality, 580 Water Development Board
|
LBB Staff: | JOB, KK
|