TCEQ Updates - Abiy Berehe

1. TCEQ & GCDs…
Texas Alliance of Groundwater Districts
January 31, 2020
Austin, Texas

2. Chapter 35, Texas Water Code
 Meet annually with TWDB to review the need for
additional Priority Groundwater Management Area
(PGMA) designations
 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

8. Chapter 36, Texas Water Code
 Facilitate the creation of GCDs in response to
landowner petitions
 Maintain GCD boundary information,
 Register GCD board members, and
 GCD performance review related to management
planning

9. 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

10. 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

11. GCD Performance Review
TCEQ action is required if the State Auditor’s
Office determines and reports that a GCD is not
operational
 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

12. 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

13. Petition For Inquiry - FY 2020
 Received a Petition for Inquiry of Starr County GCD
 The Petitioners filed based on three reasons outlined
in the Water Code.
 After evaluation of the Petition, and consideration of
the relevant filings, TCEQ granted the Petition on
October 23, 2019 and appointed a Review Panel.
 Review Panel will provide a report to TCEQ before
February 21, 2020 and TCEQ will take actions based on
the Review Panel report.

14. Texas Groundwater Protection
Committee
 Abandoned water well plugging programs
 One of the concerns of the TGPC
 One of the TGPC’s Legislative Recommendation – 86th
Texas Legislature – abandoned water-well plugging
fund
 As of today, 25 GCDs have Abandoned Water Well
Cost Share Plugging Programs

15. Current TCEQ Rulemaking
 HB 2230 & HB 2771: MOU with RRC (which would
implement HB 2230 from the 84th legislature in 2015
and HB 2771 from the 86th Legislative Session in 2019)
 HB 720 and HB 1964: Procedure for Action on Certain
Water Right Amendment Applications and Surface
Water Appropriations for Aquifer Recharge and
Aquifer Storage and Recovery
 SB 483 and SB 520: Permits and the Storage and
Recovery of Water in a Portion of the Edwards Aquifer

19. Contacts
Abiy Berehe
abiy.berehe@tceq.texas.gov, 512-239-5480
Peggy Hunka
peggy.hunka@tceq.texas.gov, 512-239-2789