Author: WCID 132

The simple answer to that question is that it is a local political subdivision of the State, governed by a board of directors. Also known as MUDs — Municipal Utility Districts — they are authorized under the Texas Constitution, Article III, Section 52, or Article XVI, Section 59.

Enabling Laws

With the passage of the municipal bond law in 1895, cities were given the authority to issue tax-supported bonds to acquire a water supply. This financing had to be within the tax limits prescribed by the Constitution.

In 1904, Section 52 of Article III authorized the Legislature to pass laws permitting counties, districts and all other political subdivisions of the state to issue bonds in an amount not to exceed one-fourth of the total assessed value of real property for the “improvement of rivers, creeks, and streams to prevent overflows and to permit the navigation thereof or irrigation thereof….” This amendment also authorized the Legislature to permit any county, district or political subdivision to levy a tax at a rate sufficient to pay the principal of and interest on such bonds.

After the terrible floods in Texas during 1912-14, people across the state realized there was a real need to confirm the State’s duty to not only prevent floods but, also through the storage of flood waters, to conserve the water for beneficial usages. This was the genesis for the passage of Section 59 of Article XVI in 1917, which allowed water districts to operate with unlimited bonded indebtedness.

In 1925, legislation was passed which authorized the creation of Water Control and Improvement Districts — WCIDs — with the same bonded indebtedness and taxing authority.

How Water Districts are Created

To create a new water district, a developer files an application through the Office of the State Attorney General to the Texas Commission on Environmental Quality (TCEQ). The application outlines the developer’s plans for providing various services such as water, sewer and drainage to areas where municipal services are not already in place. A Board of Directors is established, which is assisted by qualified professionals who provide services on a fee basis.

One of the most important features about water districts is that they are governed by a board of directors elected by the voters in the district. This board is responsible for conducting all the business of the district, including services or functions contracted to other parties.

Water districts must comply with the Texas Open Meetings Act and the Texas Open Records Act and have an annual audit performed by an independent auditing firm. The best way to learn about the function and responsibilities of your water district is to attend a meeting.

Not all water districts are created equal. Some are established under General Law by the Texas Commission on Environmental Quality (TCEQ); some by Commissioners Court; and others are created by the governing board of a city. Special law districts are created by an act of the State Legislature. All water districts, however, must comply with the laws contained in the Texas Water Code.

Mud Rights and Responsibilities

While the powers and responsibilities of a specific water district are determined when it is created, water districts are generally empowered to:

1. Incur Debt: Most districts can issue bonds and other forms of debt. If that debt is to be secured by tax revenues, voters in the district must approve the plan. In most cases, bonds secured in this manner must also be approved by the TNRCC.
2. Levy Taxes: If voters approve unlimited tax bonds, a debt service tax to pay the bonds is also approved. Each year, the water district board is obligated to levy a property tax adequate to cover the debt. This tax is levied on all property in the district based on appraised value, regardless of services received, and must comply with the Property Tax Code. The tax rate must be published each year and public hearings held if the effective tax rate increases more than three percent over the previous year. District voters may also approve a maintenance tax.
3. Adopt Rules and Charge for Services: The district adopts rules which specify the method, terms and conditions of water supply and sewage treatment service.
4. Expend Public Funds: Districts can spend public funds for authorized district activities.
5. Contract for Goods and Services: For contracts more than $15,000, the district must obtain three competitive bids. For those more than $25,000, the district must advertise for competitive bids.
6. Obtain Easements: In order to install, inspect, repair and maintain water distribution and collection lines, a district may obtain and use easements to access land owned by another person; and to
7. Right of Eminent Domain: Purchase property for district purposes under this legal provision if deemed necessary and approved by the board.

With the summer months coming on, there are lots of good reasons to learn to use our water resources more efficiently. In Texas, our conventional fresh-water supplies are already 75 to 80 percent developed, so it is just common sense that we put water conservation and reuse measures into effect – not only to preserve and extend limited water supplies, but to save some real money, too.

Water customers have a lot to gain by using water wisely. Consider, for example, that if everyone cut back just 10 to 15 percent in personal water use, we could save billions of dollars over the next 50 years. The effort to conserve water requires us to change some wasteful habits, and it must begin now. Some steps are simple: don’t leave the water running in the sink, for example, while you put toothpaste on your toothbrush and scrub your teeth. Turn it on for rinsing only. Others, like landscaping modifications, can take more time, thought and resources to accomplish. But, everyone can participate by using water wiser in some way.

Here are some ways to save both water and money at home:

1. For an investment of $10 to $20, homeowners can install low-flow shower heads, place dams or bottles in the toilet tank, install low-flow aerators on the faucets, and repair dripping faucets and leaking toilets. This could save the average household 10,000 to 25,000 gallons each year for a family of four, and would pay for itself in less than a year! Even more savings can be realized if good outdoor water conservation is practiced for the lawn and garden.

2. When building a new home or remodeling a bathroom, install a new low-volume flush toilet that uses only 1.6 gallons per flush.

3. Test toilets for leaks. Add a few drops of food coloring to the water in the toilet tank, but do not flush the toilet. Watch to see if the coloring appears in the bowl within a few minutes. It if does, the toilet has a silent leak that needs to be repaired.

4. Use some type of toilet tank displacement device to reduce the volume of water in the tank, but still provide enough for flushing. (Bricks are NOT recommended because they eventually crumble and could damage the working mechanisms.) Displacement devices are not recommended with new low-volume flush toilets.

5. Do not use hot water when cold water will do. Period.

6. In the kitchen…

Scrape the dishes clean instead of rinsing them before placing them in the dishwasher.

Fill a pan of water — or put a stopper in the sink — for washing and rinsing pots, pans, dishes, and cooking implements rather than turning on the water faucet each time a rinse is needed.

Never run the dishwasher without a full load. This will save water, energy, detergent and money.

Keep a container of drinking water in the refrigerator. Running water from the tap until it is cool enough to drink is wasteful.

Use a small pan of cold water when cleaning vegetables rather than letting the water run over them.

Use less water for cooking. Not only does it save water, but also food is more nutritious when the vitamins and minerals are not “boiled” out of them and poured down the sink with the extra water.

Always keep water conservation in mind. Avoid doing wasteful things like making a huge pot of coffee if you’re only going to drink one or two cups, or even throwing away a glass full of ice after it cooled a few swallows of water. These things may not seem like much, but they add up over time.

7. In the Laundry…

Did you know that 32 to 59 gallons of water are required for each washing machine load? Wash only full loads of clothes when using your washing machine.

Use the lowest possible water level setting on the washing machine.

Use cold water whenever possible. This saves energy, too, and conserves the hot water for other uses. This is also better for most of today’s fabrics.

8. Appliances and Plumbing…

When purchasing new appliances, check the water requirements of various models and brands. Some use less water than others.

Check water line connections and faucets for leaks. A slow drip can waste as much as 170 gallons of water EACH DAY, or 5,000 gallons a month. This will increase your water bill.

Repair leaky faucets promptly. It is easy to do, it costs very little and can make a substantial savings in your water bills.

Make sure that the line from the water meter to your house is free of leaks. To check, turn off all indoor and outdoor faucets and water-using appliances. The water meter should be read at 10 to 20 minute intervals. If it continues to run or turn, a leak probably exists and needs to be located.

Insulate all hot water pipes to reduce the delays (and wasted water) experienced while waiting for the water to heat up.

Set the thermostat on the hot water heater at a reasonable level. Extremely hot settings waste water (because it takes some extra cold water to make it usable) and energy and can even cause minor burns.

9. Outdoor Use…

Water only when needed and do not over-water. Soil can absorb only so much moisture, and the rest will simply run off. A timer can help. In the summer months, one and a half inches of water applied once a week will keep most Texas grasses alive and healthy.

The best time to water lawns is in the morning during the hot summer months. Otherwise, much of the water can simply evaporate between the sprinkler and the lawn.

Use a sprinkler that throws large drops of water — rather than a fine mist — to avoid evaporation. Sprinklers that send the water out on a low angle also help control evaporation.

Set automatic sprinkler systems to provide thorough, but infrequent, watering. Rain shut-off devices can prevent watering in the rain.

Use drip irrigation systems for bedded plants, trees or shrubs, or turn soaker hoses upside-down so the holes are on the bottom. This will help avoid evaporation.

Don’t water the streets, driveways or sidewalks…they will never grow a thing!

Condition the soil with mulch or compost before planting grass or flower beds so the water will sink in rather than run off.

Do not “scalp” lawns when mowing during hot weather. Taller grass holds moisture better.

Use a watering can or hand water with a hose in small areas of the lawn that need extra attention, and for small flower beds along walks and driveways. Hanging baskets can sometimes be watered more efficiently by taking them down and placing them in the path of a sprinkler instead of running water through the hose.

Don’t “sweep” walks and decks with water. Use a broom or rake instead.

Consider using water-wise plants. Learn what types of grass, shrubbery, and bedding plants do best in our community. Chose plants that have low water needs, are drought-tolerant, and are adapted to the area in which they will be planted.

Water Conservation is making the most efficient
use of our state’s precious water resources.

MAKE IT YOUR IDEA!