To: Members of the Hays County Commissioners Court
Re: Lone Star Regional Water Authority

The Corn Hill Regional Water Authority, now renamed the Lone Star Regional Water Authority, was created by HB 2360 in 2011 and significantly amended in 2013 by HB 701. The LSRWA currently has four governmental members each having two non-elected Board representatives, as follows:

1. CLL MUD No. 1 – Located in Bell County and containing a total of 10,000 acres. Population unknown, Map unavailable on TCEQ website.

2. Sonterra MUD – Located in Williamson County (adjacent to the city of Jarrell) with an area of 1500 acres and a population between 2000 and 3000.

3. City of Jarrell – North of Georgetown having a population of about 1035, down from 1500 in 2009, and an area of 48 square miles.

4. Williamson County – Current population about 460,000.

The LSRWA is seeking to add Hays County and Bell County as new members with two board representatives each, as follows:

5. Hays County– Current population about 170,000.

6. Bell County – Current population about 325,000.

Looking at the representation on the LSRWA Board for the various existing and proposed members, there is great disparity in the population per board seat, as follows:

1. CLL MUD No. 1 – ???? persons per board seat

2. Sonterra MUD – 1500 persons per board seat

3. City of Jarrell – 515 persons per board seat

4. Williamson County – 230,000 persons per board seat

5. Hays County – 85,000 per board seat

6. Bell County – 162,500 per board seat

Parity in representation is one of the basic principles in our democratic system of government. The figures above clearly demonstrate that the citizens represented by the three county members would be severely underrepresented on the LSRWA board. This would be critical when the Authority began to implement projects for which all members were financially responsible.

Some of the significant features of the Lone Star Regional Water Authority as amended by the 2013 legislation are:

1. The LSRWA was/is created without a vote of the citizens within its areas of jurisdiction. A letter to the TCEQ is all that is required to bring an entire county or city into the authority, provided that city/county and the current LSRWA board agree.

2. The LSRWA has the broad powers of a municipal utility districtto build, operate, purchase, finance, sell bonds, etc for a wide variety of projects including water, wastewater, drainage, and reclamation. The LSRWA has the power of eminent domain. The scope of the LSRWA would extend across the entire area of the county or city that joins the LSRWA.

3. The LSRWA has no independent taxing authority, but can accept almost any form of revenue source from its members, including taxes.

4. The appointed LSRWA board has the power to approve projects which then would obligate its members to pay for the debt created by the projects.

5. Once the LSRWA has created a financial obligation, no member of the authority may withdraw without the approval of the board and only upon payment of its share of the incurred debt. It is easy to see a scenario where a majority of the appointed board representatives might approve a project that would obligate member entities who are underrepresented on the LSRWA.

MEMBERS OF THE HAYS COUNTY COMMISSIONERS COURT:

WHILE THERE IS CERTAINLY MERIT IN A REGIONAL APPROACH TO INSURING A FUTURE WATER SUPPLY FOR THIS MULTI-COUNTY AREA, TAKING HASTY ACTIONS WITHOUT THOROUGH CONSIDERATION AND ANALYSIS WILL LEAD TO TROUBLE FOR HAYS COUNTY.

Thanks for your consideration.

Jim McMeans

CC: Media, Local cities, citizens

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CARDtalk: Hays County Considers Remote Water Authority (3/28/14)