Fresh water supply districts in Texas are becoming increasingly important, as they are in any state experiencing a drought or population increase. Water conservation is best accomplished in areas that are accountable for their water quality and water supplies because being accountable means steps are taken to measure the supply and usage; what you don't measure you can't control or change. Clean water is at a premium for everyone, and when you put pressure on your water supply, water pollution and water usage make a bigger difference.
Fresh water supply districts are county-level agencies authorized by the Texas state legislature in the conservation amendment of 1917. Fresh water supply districts may be formed by petition to county commissions under Section 53 (Water Code) of the Texas code of statutes, for the exclusive purpose of providing and distributing water for domestic and commercial use. Texas currently has 38 fresh water supply districts, the oldest formed in 1919.
A five-member board of supervisors directs the affairs of a fresh water supply district. Temporary supervisors are appointed by the county court until permanent supervisors can be elected by constituents within the district. Temporary supervisors can plan and organize, but their power to tax, spend, and build water facilities and distribution systems is limited until elections are held.
There are no limits on taxation or bonds that fresh water supply districts may impose, except limits authorized by citizens in special elections. Supervisors may acquire public rights-of-way through private and public land via negotiation and eminent domain for the construction of pipelines, levees, sewer systems, bridges, and other structures. Supervisors set fees for consumer, industrial, and agricultural water consumption; connections to distribution systems; sewer, septic tank, and other privately-held infrastructure permits; and penalties for improper construction or use of water facilities.
Fresh water supply districts' boards may impose penalties of up to $200 and/or six months in the county jail for violations of regulations designed to protect the lives, health, and welfare of citizens in their fresh water supply districts.
Conservation of is a high priority among fresh water supply districts. Through the Texas Association of Water Board Directors (AWBD), districts educate consumers on water conservation techniques ranging from plumbing repairs to landscaping with drought-tolerant plants. The AWBD also publishes guides to attracting birds and other wildlife to gardens, planting native Texan landscapes, pesticide-free gardening, and other publications related to water use, recycling, and conservation. Of course, the AWBD also lobbies the state legislature, mainly to resist new regulatory oversight by county or state authorities.
The 38 fresh water supply districts are nearly lost among thousands of water-related special districts overseen by the Texas Water Commission (TWC). Fresh water supply districts are not regulated as public utilities nor subject to the utility tax that funds the TWC. In recent years, pressure has grown to bring fresh water supply districts under the TWC’s regulatory oversight to improve customer service, and to add fresh water supply districts to the TWC's taxpayer base. Such a utility tax might amount to one-half of one percent of retail rates charged by fresh water supply districts.
Benefits of TWC oversight of fresh water supply districts may include greater protection of public health; more efficient project development and financing; and better coordinated regional water supply development. The downside includes raising barriers to formation of fresh water supply districts, increased costs of reporting and audits, and slightly higher water rates for customers.
Fresh water supply districts in Texas are increasingly important entities in the drive to develop and wisely use water. As Texas and other southern States experience more droughts and increasing populations, fresh water supply districts and similar entities will become even more critical and accountable.
