TCEQ 101, TAGD Leadership Training, September 2014: Kelly Mills
1.
2. 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
3. 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
4. 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
5. 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
9. Jul 1992
35 UWCDs
(+ 2 more not yet
confirmed)
10. Aug 2014 98 GCDs
(+ 3 more not yet confirmed / - 1 consolidating?)
11. 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
Reporting requirements outlined in TCEQ rules
Title 30, Texas Administrative Code, Section 293.20
13. 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 –
14. 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
15. 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
16. 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
Seven UWCDs shown include Dallam County, North Plains, Panhandle, High Plains, Martin County, Hudspeth County, and Edwards.
Five Underground Water Reservoir Delineations shown are for southern Ogallala, Pecos, two subdivisions for Carrizo-Wilcox, and Katy area.