(a) Following commission issuance of an order under §294.42(i) of this title (relating to Commission Action Concerning PGMA Designation) and filing of the executive director's report under §294.43(b)(2) of this title (relating to Landowners Actions in a PGMA), the commission after notice and hearing may create a groundwater conservation district and appoint temporary directors to call and hold a confirmation election. Contents of executive directors report, to be filed with the chief clerk, shall include:
- (1) the name of the proposed district;
- (2) the area and boundaries of the proposed district, including a map generally outlining the boundaries of the proposed district;
- (3) the purpose or purposes of the proposed district;
- (4) a statement of the general nature of any projects needed and recommended to be undertaken by the district, including the necessity and feasibility of the work;
- (5) a map showing the proposed district's boundaries, metes and bounds, area, physical culture, and computation sheet for survey closure;
(6) a geologic/hydrologic report including as appropriate:
- (A) the purpose or purposes of the proposed district and its management planning objectives/goals;
- (B) a description of the existing area, conditions, topography, economic endeavors which rely heavily upon groundwater, and any proposed improvements;
- (C) a description of the groundwater resources, including the characteristics (i.e., recharge/discharge features, depth of usable groundwater, etc.) of individual aquifers within the proposed district;
- (D) complete justification for the creation of the proposed district supported by evidence that the district is feasible, practicable, necessary, and will benefit all of the land to be included in the district;
- (E) the existing and projected land use in the proposed district;
- (F) the existing and projected groundwater quality, quantity, availability, and usage within the proposed district, including any foreseeable quality, quantity, availability, and usage issues as identified in the executive director's Priority Groundwater Management Area report;
- (G) the existing and projected population;
- (H) an evaluation of the effect the proposed district and its programs will have within the district; and
(I) financial information including the following:
- (i) the projected maintenance tax rate, under Texas Water Code, §36.020, which should not exceed 50 cents on each $100 of assessed valuation;
- (ii) the proposed budget of revenues and expenses for the district; and
- (iii) an evaluation of the effect the district and its programs will have on the total tax assessments on all land within the district, including a discussion of current and projected tax rates.
- (7) affidavits by those persons nominated by the county commissioners court(s) as temporary directors, showing compliance with applicable statutory requirements of qualifications and eligibility for temporary directors, and in accordance with Texas Water Code, §§36.051(b) , 36.058, and 36.059(b) for appointment of directors.
- (b) The chief clerk shall set the petition for hearing by the commission and issue notice thereof. The notice and hearing provisions of Texas Water Code, §36.014, shall be followed for creation of a district.
- (c) A copy of the order of the commission creating a district shall be mailed by first-class mail by the chief clerk to each city having extraterritorial jurisdiction and/or to each county.
- (d) The governing board of the district shall provide information to the executive director in accordance with §293.14 of this title (relating to District Reporting Actions Following Creation).
Source Note:The provisions of this §293.21 adopted to be effective February 21, 1999, 24 TexReg 960.