The document discusses the roles and responsibilities of the Texas Commission on Environmental Quality (TCEQ) in relation to groundwater conservation districts (GCDs) in Texas. TCEQ is required to identify areas experiencing critical groundwater problems called Priority Groundwater Management Areas (PGMAs), recommend the creation of GCDs in these areas, and ensure GCDs comply with management plans. TCEQ also evaluates new GCD legislation, maintains GCD records, and can investigate GCDs that are not fulfilling their objectives.

2. TCEQ and GCDs…
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

3. TCEQ and GCDs ...
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

4. TCEQ and GCDs …
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

5. 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.

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

7. 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

8. PGMA
Current PGMA status FY 18
• No New Studies per TCEQ and TWDB
annual executive management
meeting in January 2018
• TCEQ will take action on ONE PGMA
• TCEQ will recommend to the
Legislature on creating GCD on
another PGMA area

10. Texas Groundwater Protection Committee
(TGPC) and PGMA Process
TGPC’s primarily duty - groundwater
quality protection
Critical groundwater problem -
Contamination of groundwater supplies
No PGMA designation occurred based on
groundwater contamination issues

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

12. GCD Performance Review
Management plan not adopted or readopted by the
statutory deadline
 The GCD is in violation of the Texas Water Code
 TCEQ 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

13. GCD Performance Review
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
 TCEQ will offer a voluntary compliance agreement
 We will elevate violation for enforcement or litigation if
the GCD cannot or does not cooperate

14. GCD Performance Review
In response to a petition from an affected person
requesting an inquiry into the management plan
implementation actions of a GCD
• 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

15. Petition For Inquiry - FY 2018
 Received ONE Petition for Inquiry of Post Oak
Savannah GCD
 The Petitioner filed based on two reasons outlined in
the Water Code
 After evaluation of the Petition, and consideration of
the responses and replies, TCEQ dismissed the
Petition on May 9, 2018.
 TCEQ does not evaluate items outside its mandate
outlined in the Water Code.

16.  Abiy Berehe, P.G
 Texas Commission on
Environmental Quality
 Telephone:
(512) 239-5480
 E-mail:
abiy.berehe@tceq.texas.gov