so you have a gcd: now what? tagd leadership training, september 2014: greg ellis
TRANSCRIPT
So you have a GCD… now what?
2013
36.0015: “[P]rovide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and to control subsidence . . .”
Purpose
36.0015: “[T]he state's preferred method of groundwater management through rules developed, adopted, and promulgated by a district in accordance with the provisions of this chapter.”
Purpose
36.116: “. . . to minimize as far as practicable the drawdown of the water table or the reduction of artesian pressure, to control subsidence, to prevent interference between wells, to prevent degradation of water quality, or to prevent waste . . .”
Purpose
AdministrationOrganizationPlansRulesPermits
Process
Prior to the development of the management plan and its approval under Section 36.1072, the district may not adopt rules other than rules pertaining to the registration and interim permitting of new and existing wells and rules governing spacing and procedure before the district's board; . . .
36.1071(f)
however, the district may not adopt any rules limiting the production of wells, except rules requiring that groundwater produced from a well be put to a nonwasteful, beneficial use.
36.1071(f) (Cont.)
Board OrganizationOfficersCommitteesBylaws (internal procedures)Policies
Administration
Code of EthicsTravel ExpendituresInvestments (Public Funds Investment Act)Professional Services ManagementFinancial Management (Budgets and Audits)Records Management (Retention Schedule)
AdministrationRequired Policies
FundingTax Authority (part of Confirmation Election)Fee Authority (set by Board)
Application Fees (based on cost)Fees for Services provided outside the DistrictTransport Fees
Administration
Staff General Manager (hired by Board) Administrative and Professional staff (hired by GM if delegated)
Administration
ConsultantsHydrologistAttorneyAuditor
Administration
DataSurveysResearchWell Registrations
Plans
Management Plan (more later)
TWDB Approval (within 3 years of creation or confirmation)Guidance on how GCD will achieve the Desired Future Condition
Plans
Register wellsPermit wells
Drilling PermitOperating PermitExport Permit
Rules
siting new wells minimum distances from property lines/adjoining wells;imposing minimum distances based on production capacity, pump size;other spacing requirements adopted by the board.
Spacing Regulations
imposing per-well or well-field production limits;limiting production based on acreage or tract size;limiting based on maximum water to be produced from a defined number of acres assigned to an authorized site;
Production Regulation
by "managed depletion"; orby "limiting the maximum amount of water that may be produced on the basis of acre feet per acre or gallons per minute per well site per acre."
Production Regulation(Cont.)
“In promulgating any rules limiting groundwater production, the district may preserve historic or existing use before the effective date of the rules to the maximum extent practicable . . ..”
Production Regulation(Cont.)
Application and Hearing ProcessRulemaking HearingsOther Public Hearings
Procedural Rules
Public HearingContest filed?No—Issue permitYes—Preliminary Hearing
Permit Hearings
Preliminary HearingDetermine Party Status—justiciable interest separate and apart from the general public.Raising a legitimate issue?
Permit Hearings
Evidentiary HearingHearing Examiner (SOAH demand?)Trial under administrative rules
Permit Hearings
Proposal for DecisionFindings of FactConclusions of Law
Final Hearing (Board Decision)
Permit Hearings
Drilling PermitsSpacing limitationsConstruction StandardsCapacity Limitations
Permits
Operating (or Production) PermitsPermit termProduction limit (annual withdrawal amount)Rate of Production (capacity limit—GPM)Point of WithdrawalPurpose of UsePlace of Use
Permits
Export Permits (Transport groundwater outside the boundaries of the District)
Permit term of 3 or 30 yearsTransport permit limit
May periodically review permitsDistrict must be “fair, impartial, and nondiscriminatory.”
Permits
Negotiated SettlementsInjunctionsCivil Penalties up to $10,000 per day per violationPenalty Schedule Set by Board
Enforcement
1. Notify TCEQ of the name and address of each Director (within 30 days of election or appointment)
2. Employ staff and hire contractors3. Buy bonds for Directors and certain
employees4. Elect Directors from individual precincts5. Contract in the name of the District6. Develop a Management Plan
Commandments“The District shall . . .”
7. Share its Management Plan with other Districts8. Adopt the Desired Future Condition9. Require Driller’s Logs10.Require a permit for “drilling, equipping,
operating, or completing of wells or for substantially altering the size of wells or well pumps.”
11.Manage “total groundwater production on a long-term basis to achieve an applicable desired future condition”
Commandments“The District shall . . .”
12.Provide certain permit exemptions13.Require well owners to register and
maintain wells14.Adopt a Fiscal Year15.Set and collect fees for services provided
outside the boundaries of the district16.Adopt rules for contested hearings
Commandments“The District shall . . .”
