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Four Corner - Texas Water Development Board

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9.0 IMPLEMENTATION AND FUNDING PLAN<br />

9.1. DESCRIPTION OF ENTITIES NECESSARY TO IMPLEMENT<br />

RECOMMENDED PROJECT<br />

In order to access financing sewer facilities in the <strong>Four</strong> <strong>Corner</strong>s area, a <strong>Water</strong> District will<br />

have to be formed. <strong>Water</strong> Supply Corporations (WSC) formed to serve specific areas can<br />

seek loans to construct water facilities however the loan requirements for sewer facilities<br />

require the additional security that a district provides. Unlike WSC's, Districts have the<br />

ability to levy taxes to cover their debt when revenues are insufficient.<br />

<strong>Water</strong> districts are local political subdivisions of the state governed by a board of<br />

directors. <strong>Water</strong> districts in <strong>Texas</strong> derive their authority from the <strong>Texas</strong> Constitution,<br />

Article III, Section 52 or Article XVI, Section 59. All water districts must comply with<br />

the laws contained in the <strong>Texas</strong> <strong>Water</strong> Code and other applicable statutes. The TNRCC<br />

has "continuing right of supervision" over water districts in accordance with the <strong>Texas</strong><br />

<strong>Water</strong> Code. Districts also are subject to regulation by state and federal agencies that<br />

issue and monitor permits for the various activities of the district. For example, drinking<br />

water quality and wastewater discharges are regulated by the TNRCC and the U.S.<br />

Environmental Protection Agency.<br />

Districts are governed by a board of directors elected by the voters in the district. <strong>Board</strong><br />

members must meet the qualifications for serving outlined in the <strong>Texas</strong> <strong>Water</strong> Code. The<br />

district's board is responsible for all the business of the district, including those functions<br />

that are contracted to other parties. In order to meet the financial obligations of the<br />

district a tax may be levied upon all property in the district on an ad valorem basis. The<br />

tax rate authorized by voters cannot be exceeded without additional voter approval.<br />

Once a district has been established, the TNRCC has "continuing right of supervision''<br />

over water districts in accordance with the <strong>Texas</strong> <strong>Water</strong> Code. Districts also are subject to<br />

regulation by state and federal agencies that issue and monitor permits for the various<br />

<strong>Four</strong> <strong>Corner</strong>s Area <strong>Water</strong> and Wastewater Facilities Planning Study<br />

FINAL REPORT<br />

Revised 2/10/99<br />

Page 9-1

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