TWCA Fall Conference 2015

1. How to Manage to the DFC:
Regulation of Groundwater Production by
Groundwater Districts
Presented by:
Shauna Fitzsimmons, Attorney at Law
Texas Water Conservation Association
2015 Fall Conference

2. THE FEAR: limiting or curtailing
groundwater production
I NEED TO ADOPT
GROUNDWATER
PRODUCTION
REGULATIONS BUT
I’M SCARED

3. When are production limits or
curtailments necessary?
• Regulations that limit or curtail groundwater
production are necessary when . . .
Current or projected use > annual
water budget
• Avoid the FEAR by . . .
– developing a regulatory system based on local
conditions, and
– adequately preparing for future production limits
or curtailments.

4. Local Conditions Impact
GW Regulation
Rural Areas
• Major use = Ag
Irrigation
• Acreage-based
production
regulations
Urban Aras
• Major uses = Municipal
and industrial
• Use-based production
regulations or hybrid
regulatory system
VS

5. • What to consider:
– Small holdings in
land surface
– Historic/existing
use and investment
backed
expectations
– Property rights of
all existing and
future users
GW Regulation in Urban Areas
• What DOES NOT
work?
– Strictly acreage-
based regulations
– Strictly use-based
regulations
• What DOES work?
– Hybrid regulatory
system

6.  Study local conditions.
 Assess time and cost necessary to secure
alternative water sources.
 Identify major water users and investment
backed expectations.
 Utilize the GAM to evaluate different
options.
 Consider potential free market solutions.
Do your homework before adopting
regulations that limit production:

7. 1. Impose limits or reductions that least impact
existing users and investment backed
expectations.
2. Provide ample lead time before cutting anyone
back.
3. Include a variance process.
4. Require users to demonstrate progress in
achieving reduction requirements.
5. Add future reduction as a condition to the
permit.
Structure regulations in a way that
reduces risk of takings liability:

8. More of this… Less of this…

9. THANK YOU
Shauna Fitzsimmons
919 Congress Ave. Ste 460
Austin, TX 78702
512.579.3603