1. So you have a GCD…
now what?

3. 2013

4. Purpose
36.0015: “[P]rovide for the
conservation, preservation, protection,
recharging, and prevention of waste of
groundwater, and of groundwater
reservoirs or their subdivisions, and to
control subsidence . . .”

5. Purpose
36.0015: “[T]he state's preferred
method of groundwater management
through rules developed, adopted,
and promulgated by a district in
accordance with the provisions of this
chapter.”

6. Purpose
36.116: “. . . to minimize as far as
practicable the drawdown of the water
table or the reduction of artesian
pressure, to control subsidence, to
prevent interference between wells, to
prevent degradation of water quality, or
to prevent waste . . .”

7. Process
Administration
Organization
Plans
Rules
Permits

8. 36.1071(f)
Prior to the development of the management
plan and its approval under Section 36.1072, the
district may not adopt rules other than rules
pertaining to the registration and interim
permitting of new and existing wells and rules
governing spacing and procedure before the
district's board; . . .

9. 36.1071(f) (Cont.)
however, the district may not adopt
any rules limiting the production of
wells, except rules requiring that
groundwater produced from a well
be put to a nonwasteful, beneficial
use.

10. Administration
Board Organization
Officers
Committees
Bylaws (internal procedures)
Policies

11. Administration
Required Policies
Code of Ethics
Travel Expenditures
Investments (Public Funds Investment Act)
Professional Services Management
Financial Management (Budgets and Audits)
Records Management (Retention Schedule)

12. Administration
Funding
Tax Authority (part of Confirmation
Election)
Fee Authority (set by Board)
Application Fees (based on cost)
Fees for Services provided outside the District
Transport Fees

13. Administration
Staff
General Manager (hired by
Board)
Administrative and Professional
staff (hired by GM if delegated)

14. Administration
Consultants
Hydrologist
Attorney
Auditor

15. Plans
Data
Surveys
Research
Well Registrations

16. Plans
Management Plan (more later)
TWDB Approval (within 3 years of
creation or confirmation)
Guidance on how GCD will achieve
the Desired Future Condition

17. Rules
Register wells
Permit wells
Drilling Permit
Operating Permit
Export Permit

18. Spacing Regulations
siting new wells minimum distances
from property lines/adjoining wells;
imposing minimum distances based
on production capacity, pump size;
other spacing requirements adopted
by the board.

19. Production Regulation
imposing per-well or well-field
production limits;
limiting production based on acreage or
tract size;
limiting based on maximum water to be
produced from a defined number of
acres assigned to an authorized site;

20. Production Regulation
(Cont.)
by "managed depletion"; or
by "limiting the maximum amount
of water that may be produced on
the basis of acre feet per acre or
gallons per minute per well site
per acre."

21. Production Regulation
(Cont.)
“In promulgating any rules limiting
groundwater production, the district
may preserve historic or existing use
before the effective date of the rules to
the maximum extent practicable . . ..”

22. Procedural Rules
Application and Hearing
Process
Rulemaking Hearings
Other Public Hearings

23. Permit Hearings
Public Hearing
Contest filed?
No—Issue permit
Yes—Preliminary Hearing

24. Permit Hearings
Preliminary Hearing
Determine Party Status—
justiciable interest separate and
apart from the general public.
Raising a legitimate issue?

25. Permit Hearings
Evidentiary Hearing
Hearing Examiner (SOAH
demand?)
Trial under administrative rules

26. Permit Hearings
Proposal for Decision
Findings of Fact
Conclusions of Law
Final Hearing (Board Decision)

27. Permits
Drilling Permits
Spacing limitations
Construction Standards
Capacity Limitations

28. Permits
Operating (or Production) Permits
Permit term
Production limit (annual withdrawal amount)
Rate of Production (capacity limit—GPM)
Point of Withdrawal
Purpose of Use
Place of Use

29. Permits
Export Permits (Transport groundwater
outside the boundaries of the District)
Permit term of 3 or 30 years
Transport permit limit
May periodically review permits
District must be “fair, impartial, and
nondiscriminatory.”

30. Enforcement
Negotiated Settlements
Injunctions
Civil Penalties up to $10,000 per
day per violation
Penalty Schedule Set by Board

31. Commandments
“The District shall . . .”
1. Notify TCEQ of the name and address of each
Director (within 30 days of election or appointment)
2. Employ staff and hire contractors
3. Buy bonds for Directors and certain employees
4. Elect Directors from individual precincts
5. Contract in the name of the District
6. Develop a Management Plan

32. 7. Share its Management Plan with other Districts
8. Adopt the Desired Future Condition
9. Require Driller’s Logs
10. Require a permit for “drilling, equipping, operating,
or completing of wells or for substantially altering
the size of wells or well pumps.”
11. Manage “total groundwater production on a long-term
basis to achieve an applicable desired future
condition”
Commandments
“The District shall . . .”

33. Commandments
“The District shall . . .”
12. Provide certain permit exemptions
13. Require well owners to register and maintain wells
14. Adopt a Fiscal Year
15. Set and collect fees for services provided outside
the boundaries of the district
16. Adopt rules for contested hearings

34. Conclusion
Gregory M. Ellis
greg.ellis@gmservices.info
713-705-4861