All you need to know about TCEQ & GCDs…

Texas Alliance of Groundwater DistrictsLeadership Training

September 17, 2014Lubbock, Texas

TCEQ Groundwater TeamTexas Water Code, Chapter 26 requires TCEQ to chair & administer the Texas Groundwater Protection CommitteeTexas Groundwater Protection StrategyAnnual Joint Groundwater Monitoring and

Contamination ReportBiennial TGPC Report to the LegislatureState Pesticide Management Plan

TCEQ Groundwater TeamTexas Water Code, Chapter 35 requires TCEQ toMeet annually with TWDBIdentify, delineate and recommend Priority

Groundwater Management Areas (PGMAs) be designated

Recommend creation of Groundwater Conservation Districts (GCDs) in PGMAs or addition of PGMAs to other GCDs

Biennial PGMA/GCD Report to the LegislatureIn conjunction with TWDB

TCEQ Groundwater TeamTexas Water Code, Chapter 36 requires TCEQ toFacilitate creation of GCDs in response to

landowner petitionsMaintain records of

GCD confirmation electionsGCD directorsGCD boundary changes

Assure GCD compliance with management plan requirements

TCEQ Groundwater TeamTexas Constitution, Article XVI, Section 59 requires TCEQ to evaluate legislation that creates new GCDs or that makes certain modifications to existing GCDsAdds land Alters taxing authorityAlters bond authorityAlters qualification of or terms for board

members

Coordination

Quick history trip• Underground Water Conservation District Act1949• First UWCD created1951• Texas Water Code, Chapter 521975• Critical Area process added1985• Texas Water Code, Chapters 35 & 361995• Significant changes by SB 1; 40 GCDs1997• Significant changes by SB 2; 52 GCDs + 13 ‘temporary’ GCDs2001• Significant changes by HB 1763; 98 GCDs + 1 unconfirmed2005• Significant changes by SBs 313, 332, 660, 727, 7372011

2015

?

Jan 1960Seven UWCDsFive UWRs

Jul 199235 UWCDs (+ 2 more not

yet confirmed)

Aug 2014 98 GCDs (+ 3 more not yet confirmed / - 1 consolidating?)

What GCDs report to TCEQ1. Copy of an Act creating a new GCD within 60 days (1

time)2. Copy of the GCD board order canvassing the

confirmation election & declaring the election results (1 time)

3. Copy of a GCD board order changing boundaries of district, map and boundary description within 60 days

4. Director names, mailing addresses and terms of office within 30 days of election or appointment

District Registration Form

Reporting requirements outlined in TCEQ rulesTitle 30, Texas Administrative Code, Section 293.20

District Registration Form

http://www.tceq.texas.gov/assets/public/permitting/forms/0179.pdf

GCD management plansTCEQ & TWDB – Communication MOA

Who has/hasn’t submitted plans, status, etc.

TCEQ sends a ‘respectful reminder’ letter to the GCD eight months before the GCD’s adopted plan is due to TWDB for approval consideration

TCEQ action can be required pertaining to GCD management plans in three cases/situations –

TCEQ Action 1Management plan not adopted & approved or readopted & reapproved by a GCD by the statutory deadline

The GCD is in violation of the Texas Water CodeWe (Groundwater Team) will contact the GCD to

determine status and attempt to resolve We will offer a voluntary compliance agreement to

the GCD that outlines needed actions and milestone dates

We will elevate violation for enforcement or litigation if the GCD cannot or does not cooperate

Noncompliance review outlined in TCEQ rulesTitle 30, Texas Administrative Code, Section 293.22

TCEQ Action 2The State Auditor’s Office determines and reports that a GCD is not actively engaged and is not operational in achieving the objectives of its management plan

The GCD is in violation of the Texas Water Code

Same process as TCEQ Action 1

TCEQ Action 3In response to a petition from an affected party requesting an inquiry into the management plan implementation actions of a GCD - nine reasons

• Petition must be filed with the subject GCD• GCD provided opportunity to respond• Review panel appointed if TCEQ does not dismiss

the petition; TCEQ may direct review panel to have a hearing

• Review panel conducts hearing and submits findings and recommended actions appropriate for TCEQ

Petition requesting inquiry outlined in TCEQ rulesTitle 30, Texas Administrative Code, Section 293.23

Texas Groundwater Protection Committee(TGPC)

http://www.tgpc.state.tx.us/

TCEQ groundwater homepagehttp://www.tceq.texas.gov/groundwater/gw_index.html

https://www.tceq.texas.gov/gis/waterwellview.html

Water Report Viewer

Questions?