Harris-Galveston Coastal Subsidence District

Jace A. Houston

Groundwater District Surveyand Summary of Regulatory Methods

Texas Groundwater 2004November 18-19, 2004

The Role of Groundwater Districtsin Texas

Judicial doctrines:

• Reasonable use• Correlative rights• Restatement 2d of Torts• Rule of capture

Legislative methods:

• Local, regional or state-wide administration

• Wide variety• Any combination of

doctrines or methods

Rule of capture . . . . . plus . . . . . local groundwater districts.

1. How does Texas regulate (manage) groundwater?

“Regulatory Options andConsiderations for GCDs”

1. The Decision-Making Process- How should science factor into the district’s decisions?- What is the district’s goal for the aquifer? - What factors influence the district’s goals?- Which regulatory method best meets the district’s goals?- What legal standard governs district decisions?

2. Overview of Regulatory Methods- What regulatory options are available to districts?- What factors determine which methods are appropriate?

3. Gulf Coast Aquifer Examples

Traditional Categories of Traditional Categories of Regulatory MethodologiesRegulatory Methodologies

Reasonable UseReasonable Use

Prior AppropriationPrior Appropriation

Correlative RightsCorrelative Rights

Rule of CaptureRule of Capture

Jace’s Categories ofJace’s Categories ofRegulatory MethodologiesRegulatory Methodologies

No spacing or production limitsNo spacing or production limits SpacingSpacing PLs based on acreage or tract sizePLs based on acreage or tract size PLs based on proportionate reductionPLs based on proportionate reduction PLs based on “first in time, first in right”PLs based on “first in time, first in right” PLs based on historical use (& PLs based on historical use (&

grandfathering)grandfathering) PLs based on rate of withdrawalPLs based on rate of withdrawal PLs based on preventing well interference PLs based on preventing well interference

or unreasonable drawdownor unreasonable drawdown

Aquifer

Aquifer

Confining Layer

Clay

Water Line

Aquifer

Aquifer

Confining Layer

Clay

Water Line

Aquifer

Aquifer

Clay

Clay

Water Line

Bad Water Line

Aquifer

Aquifer

Confining Layer

Water Line

Chicot Aquifer

Evangeline Aquifer

Beaumont Clay

Burkeville Clay