Download - Texas Groundwater Update, Stacey Steinbach, TAGD

Groundwater in Texas

Stacey A. Steinbach

Texas Alliance of Groundwater Districts

TACA Environmental Seminar

September 12, 2013

Texas Alliance OfGroundwater Districts



texasgroundwater.org









GCD Snapshot

Groundwater Ownership

TAGD

Starting Point: Rule of Capture •  Adopted as Texas law in 1904 East decision •  Landowners have right to capture an unlimited

amount of groundwater beneath their property •  Called “law of non-liability” and “law of the

biggest pump” •  Provides little certainty and protection







GCD Balancing Test







Conservation, preservation, protection, recharging and

prevention of waste of groundwater and control of

subsidence

Highest practicable level of groundwater

production

History of GCDs •  1917: Conservation Amendment to Texas

Constitution (Article XVI, Section 59) •  1949: Statutory framework for creation of GCDs •  1997: GCDs are the “State’s preferred method of

groundwater management” (SB 1) •  2013: 97 confirmed GCDs; 4 awaiting

confirmation; 2 subsidence districts







Source: John Dupnik, BSEACD

New GCDs (83rd Lege) • Revived GCD: Calhoun County GCD • New GCDs:

– Reeves County GCD – Deep East Texas GCD (Shelby, San

Augustine, and Sabine Counties)







How GCDs Manage Groundwater •  Contribute to scientific understanding of

aquifers (measure water quality/quantity) •  Educate and inform the community •  Regulate drilling of wells and production of

groundwater per Chapter 36, Water Code

•  Participate in joint and regional planning







Water Code Chapter 36 • Well registration/permits • Reporting requirements • Well construction standards • Well spacing requirements • Production limitations







Joint Planning







GCD GMA DFC TWDB MAG

Joint Planning • GCD – groundwater conservation district • GMA – groundwater management area • DFC – desired future condition • TWDB – Texas Water Development Board • MAG – modeled available groundwater







Joint Planning • Public can

participate in joint planning process

• GCD manages to DFC, reviewed every 5 years













GCD Snapshot


TAGD

Important Cases •  Houston & Tex. Cent. R.R. Co. v. East •  Pecos County WCID No. 1 v. Williams (Comanche Springs) •  Sipriano v. Great Spring Waters of America, Inc. (Ozarka) •  Barshop v. Medina County UWCD •  City of Del Rio v. the Hamilton Trust •  Edwards Aquifer Authority v. Day •  Edwards Aquifer Authority v. Bragg







Senate Bill 332 (2011) •  Landowners own groundwater below the surface as

real property •  Landowner entitled to drill for and produce

groundwater, but not a specific amount •  GCDs may limit or prohibit drilling based on spacing

or tract size and regulate production of groundwater •  EAA/subsidence districts excluded







What We Know •  Land ownership includes a constitutionally-protected

interest in groundwater in place that cannot be taken for public use without adequate compensation

•  That interest does not preclude regulation by a GCD in accordance with Chapter 36 of the Water Code

•  Some limitation of groundwater production does not constitute a compensable taking







What We Don’t Know •  How much regulation is too much?

•  Is there a distinction between EAA and Chapter 36 GCDs when it comes to a takings claim?

•  How will different “uses” be affected?

•  Will there be unintended consequences?

•  How are damages are calculated? (but see Bragg)













GCD Snapshot


TAGD

About TAGD •  Non-profit, 501(c)(3) association of member

districts and interested individuals/government entities/corporations

•  82 GCD members and two dozen associate members

•  One employee; governed by an Executive Committee of 11 GCD GMs







About TAGD •  Provides educational and technical assistance

and training •  Tracks legislation and acts as a resource for

districts, the public, lawmakers, and state agencies, as needed

•  Assists members in keeping current with state law

•  Provides opportunities for communication among GCDs













GCD Name Legislation Number of Counties Counties

GCD Population

Community Type Largest Use

Board Member Selection

Number of Board Members

Income Source Meter Requirements

Spacing Requirements

Production Limitations

TAGD Member Database Survey of 82 TAGD GCD members with a

review of GCD enabling legislation and rules

Number of Counties Per GCD

0 10 20 30 40 50

Five or More

Four

Three

Two

One

Number of GCDs

Num

ber

of C

ount

ies







Largest Groundwater User

Agriculture 36%

Domestic/ Livestock

16%

Industrial/ Commercial

1%

Municipal Water Supply

36%

Oil & Gas 8%

Combination 3%







Elected v. Appointed Board

Elected

Appointed

Both







Number of Board Members

0 10 20 30 40 50

5

6-7

8-9

10-11

> 11

Number of GCDs

Num

ber

of B

oard

M

embe

rs







Tax-Based v. Fee-Based GCDs

Fee Tax Both







Emerging Issues – What’s Next? •  Long-term permitting •  Desalination, brackish groundwater, and

aquifer storage and recovery •  Groundwater and oil and gas •  Well construction standards and enforcement













Questions? Stacey A. Steinbach

Texas Alliance of Groundwater Districts [email protected] www.texasgroundwater.org www.slideshare.net/TXTAGD

Download - Texas Groundwater Update, Stacey Steinbach, TAGD

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