TCEQ and GCDs

2. Texas Commission on Environmental Quality

3. TCEQ Groundwater Team
Mug Shots

4. TCEQ Groundwater Team
Texas Water Code, Chapter 26 requires TCEQ to chair &
administer the Texas Groundwater Protection Committee
 Texas Groundwater Protection Strategy
 Annual Joint Groundwater Monitoring and
Contamination Report
 Biennial TGPC Report to the Legislature
 State Pesticide Management Plan

5. TCEQ Groundwater Team
Texas Water Code, Chapter 35 requires TCEQ to
 Meet annually with TWDB
 Identify, 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 Legislature
 In conjunction with TWDB

6. TCEQ Groundwater Team
Texas Water Code, Chapter 36 requires TCEQ to
 Facilitate creation of GCDs in response to landowner
petitions
 Maintain records of
 GCD confirmation elections
 GCD directors
 GCD boundary changes
 Assure GCD compliance with management plan
requirements

7. TCEQ Groundwater Team
Texas Constitution, Article XVI, Section 59 requires
TCEQ to evaluate legislation that creates new GCDs or
that makes certain modifications to existing GCDs
 Adds land
 Alters taxing authority
 Alters bond authority
 Alters qualification of or terms for board members

8. Coordination

9. Quick history trip
• Underground Water Conservation District Act
• First UWCD created
• Texas Water Code, Chapter 52
• Critical Area process added
• Texas Water Code, Chapters 35 & 36
• Significant changes by SB 1; 40 GCDs
• Significant changes by SB 2; 52 GCDs + 13 ‘temporary’ GCDs
• Significant changes by HB 1763; 98 GCDs + 1 unconfirmed
• Significant changes by SBs 313, 332, 660, 727, 737

10. Jan 1960
 Seven UWCDs
 Five UWRs

11. Jul 1992
 35 UWCDs
 (+ 2 more not yet
confirmed)

12. Jan 2016  100 GCDs
 (ONE not yet confirmed)

13. What GCDs report to TCEQ
1. 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 (TCEQ-0179)
 Reporting requirements outlined in TCEQ rules
 Title 30, Texas Administrative Code, Section 293.20

14. District Registration Form
http://www.tceq.texas.gov/assets/public/permitting/forms/0179.pdf

15. GCD management plans
 TCEQ & 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 –

16. TCEQ Action 1
Management plan not adopted & approved or readopted &
reapproved by a GCD by the statutory deadline
 The GCD is in violation of the Texas Water Code
 We (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 rules
 Title 30, Texas Administrative Code, Section 293.22

17. TCEQ Action 2
The 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

18. TCEQ Action 3
In 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 rules
Title 30, Texas Administrative Code, Section 293.23

19. Priority Groundwater Management
Area (PGMA)
An area of the state designated and
delineated by the TCEQ that is
experiencing, or expected to experience
within the next 50 years, critical
groundwater problems problems

21. PGMA
What are critical groundwater problems?
• Shortages of surface or groundwater
• Land subsidence resulting from
groundwater withdrawal
• Contamination of groundwater
supplies

22. PGMA?
What is the purpose of designating a
PGMA?
• To assure that a groundwater
conservation district is established to
manage the aquifer or aquifers and to
conserve, preserve, protect, and
prevent waste of groundwater

23. PGMA
Current PGMA status FY 16?
• No New Studies per TCEQ and TWDB
annual executive management meeting
(Texas Water Code, Sec. 35.007)
• TCEQ will take action on ONE PGMA
• TCEQ will recommend to the Legislature
on creating GCDs on TWO PGMA areas

24. Texas Groundwater Protection Committee
(TGPC)
http://www.tgpc.state.tx.us/

25. Texas Groundwater Protection Committee
(TGPC) - Responsibilities
 Coordinates with State Agencies
 Develop and Update Strategy
 Recommends Groundwater Issues to the
Legislature
 Publish reports on groundwater contamination
 Advises TCEQ on agricultural chemicals to
prevent groundwater contamination
 Groundwater contamination notification
(HB3030)

26. TCEQ Rules Update
(HB 2767) – 84th Legislature
 Makes non-substantive, conforming, and
clarification language changes throughout Chapter
36
 Amended TCEQ rules (30 TAC §§293.20, 293.22
and 293.23)
 Public Hearing - Dec 15, 2015
 Public Comment ends – Jan 4, 2016
 Adoption date - April 27, 2016

27. TCEQ Rules Update
(HB 655) – 84th Legislature
 Proposed rule implements criteria for aquifer
storage and recovery projects, including injection
and recovery of appropriated water.
 Public Hearing – Jan 22, 2016
 Public Comment ends – Feb 8, 2016
 Adoption date - April 27, 2016

28. TCEQ Rules Updates
(HB 2031 and HB 4097) – 84th Legislature
 Proposed rule creates a new permitting process
related to marine seawater desalination.
 Proposal – May 11, 2016
 Public Hearing – June 21, 2016
 Public Comment ends– June 27, 2016
 Adoption - October 19, 2016

29. TCEQ groundwater homepage
http://www.tceq.texas.gov/groundwater/gw_index.html

30. https://www.tceq.texas.gov/gis/waterwellview.html
Water Report Viewer

31. Questions?
Cary L. Betz, P.G., Manager
Permit Support, Compliance and
Groundwater Section
Water Availability Division
Cary.Betz@tceq.texas.gov
Phone: (512) 239-4506
Fax: (512) 239-2214