Groundwater Conservation Districts & Groundwater Management in Texas Sarah Rountree Schlessinger June 12, 2018 Texas Groundwater GCD Powers & Responsibilities Groundwater Today Who is TAGD? 1
What does TAGD do? Educational and technical training Tracks legislation & agency rulemaking Serves as a resource for districts, the public, lawmakers, and state agencies Facilitates communication among GCDs Collects data on GCDs TAGD s GCD Index www.texasgroundwater.org Texas Groundwater GCD Powers & Responsibilities Groundwater Today 2
What is Groundwater? 3
Major Aquifers Groundwater Wells 11 Rule of Capture Rule of Capture was adopted by Texas Supreme Court in 1904 Law of the biggest pump EXCEPT if it causes subsidence, or is intentionally malicious GCDs were created to balance one private property owners rights from another 4
Texas Groundwater GCD Powers & Responsibilities Groundwater Today GCD=Groundwater Conservation Districts General Statutory Authority Specific Enabling Legislation Local Board of Directors GCD Anatomy GCD Staff Groundwater Management Area Regional Water Planning Groups Stakeholder Groups/Public Input County Judges & Commissioners 5
Balancing Act Conservation, preservation, protection, recharging and prevention of waste of groundwater Rights of Landowners and the highest practicable level of groundwater production Powers and Duties Participate in Joint Planning & establish a DFC Develop & adopt a Mgmt Plan Develop Rules to implement Mgmt Plan & achieve DFC Use Chapter 36 Toolbox to determine well spacing, permitting structure, production limits on wells, etc. Issue permits, register wells, and ensure proper drilling completion Groundwater Wells Spacing Production 18 6
Operational Components of a GCD Well Permitting and Enforcement Regional Planning Research & Science Well Monitoring Public Education Water Quality 7
Regional & Joint Planning TWDB MAG Joint Planning GCD GMA SWIFT RWPG Regional Planning State Water Plan DFC Science & Policy MAG Groundwater Science DFC Groundwater Policy Aquifer Uses or Conditions State Water Plan Hydrological Conditions Physical Expression of Aquifer Capacity Private Property Rights Feasibility of achieving DFC Impacts on Subsidence Any other relevant information Socioeconomic Impacts Environmental Impacts Policy Decision of Aquifer Conditions 8
GCD Challenge: Public Perception Rights of Landowners and the highest practicable level of groundwater production Conservation, preservation, protection, recharging and prevention of waste of groundwater Texas Groundwater GCD Powers & Responsibilities Groundwater Today 9
GCDs Respond to Changing Landscapes Legislation + Agency Rulemaking Case Law Emerging Technologies Environmental Factors Population Dynamics Texas Legislature 101 Meets 140 days every other year in Regular Session. 181 State Legislators 150 State Representatives in Texas House State Representatives represent approximately 167,000 citizens 31 State Senators in Texas Senate State Senators represent approximately 806,000 citizens Senate President: Lieutenant Governor Dan Patrick Speaker of the House: Joe Straus Legislative Dates of Interest Nov. 6, 2018 Jan. 8, 2019 May 27, 2019 Summer 2018 Nov. 12, 2018 March 8, 2019 Interim Hearings First day of Pre filing Last day of filing General Election 86 th Legislature Convenes Adjournment/Sin e Die 10
Changes that could affect Groundwater Policy General Election Results Speaker Election Chair Appointments Committee Assignments 85 th Committee Appointments Senate Committee on Ag, Water & Rural Affairs House Natural Resources Committee Chairman: Sen. Charles Perry Sen. Jose R. Rodriguez Sen. Brandon Creighton Sen. Bob Hall Sen. Juan Chuy Hinojosa Sen. Lois W. Kolkhorst Sen. Borris L. Miles Chairman: Rep. Lyle Larson Rep. Dade Phelan Rep. Tracy King Rep. Eddie Lucio III Rep. Four Price Rep. Trent Ashby Rep. DeWayne Burns Rep. James Frank Rep. Kyle Kacal Rep. Poncho Nevarez Rep. Paul Workman TAGD s Tracking Report 41 High Priority Groundwater Bills 38 Local GCD Bills 33 General Water Bills 15 General Government Bills 11
Groundwater policy themes that emerged from the 85 th Legislative Session Uniformity/Similar Rules Permitting Approaches Attorney s Fees Joint Planning What Passed HB 2377: GCD permitting for brackish groundwater HB 2378: extensions of expired transfer permits HB 3025: plugging of abandoned or deteriorated wells SB 1525: TWDB study of water needs & availability SB 864: TCEQ & GCD coordination on groundwater rights SB 865: GCD use of electronic funds SB 1009: administrative completeness requirements SB 1511: regional water planning and funding HB 2215: timing of the DFC & regional water plans What got Vetoed HB 2377: permitting for brackish groundwater HB 2378: extensions of expired transfer permits HB 3025: plugging deteriorated wells SB 1525: TWDB study of water needs SB 864: TCEQ coordination on groundwater rights SB 865: GCD use of electronic funds SB 1009: admin. completeness requirement SB 1511: regional water planning and funding HB 2215: timing of the DFC & regional water plans 12
What Didn t Pass SB 1392: omnibus HB 1318: CCN permitting SB 862: attorneys fees HB 3028: fair share permits HB 31: omnibus HB 3043: joint planning HB 4122: annexation HB 3417: permitting criteria HB 3166: sustainable pumping SB 189: injection well notice HB 180: SAO review SB 1053: DFC appeals Significant Bills Chairman Larson: HB 2377 relating to the development of brackish groundwater HB 31- relating to the regulation of groundwater Chairman Perry: SB 862- relating to attorney s fees and other costs in certain proceedings involving a groundwater conservation districts SB 1392- relating to groundwater conservation districts 2017 House Interim Charges Evaluate the status of groundwater policy in Texas, including the following issues: a. Progress and challenges in encouraging coordination and consistency in aquifer wide management and permitting practices; b. Developments in case law regarding groundwater ownership and regulation; c. Potential improvements to the existing groundwater permitting process, including those contemplated in H.B. 31 (85R); d. The appropriate consideration of the service area of a water supplier when groundwater resources are allocated based on surface ownership; e. The designation of brackish groundwater production zones and related research; f. Groundwater data and science needs; and g. Emerging issues in groundwater and surface water interaction, in particular in areas of increasing competition for scarce resources 13
2017 House Interim Charges Cont d 4. Examine the status of water markets in Texas and the potential benefits of and challenges to expanded markets for water. 5. Examine the potential value, the necessary elements, and the implications of a broad based information and awareness campaign regarding water issues in Texas. Consider input from water stakeholders, educators, and communications experts. 8. Study the hazards presented by abandoned and deteriorated groundwater wells, and make recommendations to address the contamination and other concerns these wells may represent 2017 Senate Interim Charges Streamlining Water Permitting: Study and recommend changes that promote streamlining of water right permit issuance and the amendment process by the TCEQ for surface water, and that promote uniform and streamline permitting by groundwater conservation districts for groundwater. Evaluate more transparent process needs and proper valuation of water. Regulatory Framework of Groundwater Conservation Districts and River Authorities: Study and make recommendations on the regulatory framework for managing groundwater in Texas to ensure that private property rights are being sufficiently protected. Study the role of river authorities and groundwater conservation districts including the state's oversight role of their operations and fees imposed. What do we think is coming? Uniformity/Similar Rules Attorney s Fees GCD Permitting Brackish Desal 14
Questions? Sarah Rountree Schlessinger sarah@texasgroundwater.org twitter.com/txtagd facebook.com/texasgroundwater 15