Fort Stockton MLT_ Chapter 36 Fundamentals_Sarah Rountree Schlessinger
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This document provides an overview of Chapter 36 of the Texas Water Code, which establishes the guiding statute for groundwater conservation districts (GCDs) in Texas. It summarizes the key elements and subchapters of Chapter 36, including joint planning requirements between GCDs, management plans, rulemaking procedures, enforcement authority, and permitting processes. The document also offers tips for GCDs to become familiar with Chapter 36 and stay up-to-date on any changes to the statute.
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Fort Stockton MLT_ Chapter 36 Fundamentals_Sarah Rountree Schlessinger
- 1. Sarah Rountree Schlessinger TAGD Leadership Training 2017 Chapter 36 Fundamentals
- 2. Guiding Statute Overview Chapter 36 Fundamentals Tips & Good Practices
- 3. Acronym Quiz • GMA • DFC • MAG • GAM
- 4. Science & Policy Groundwater Science Groundwater Policy Physical Expression of Aquifer Capacity Policy Decision of Aquifer Conditions MAG DFC Hydrological Conditions Private Property Rights Impacts on Subsidence Socioeconomic Impacts Environmental Impacts Feasibility of achieving DFC Any other relevant information Aquifer Uses or Conditions State Water Plan
- 5. GCD GMA DFC TWDB MAG Regional & Joint Planning Joint Planning RWPG State Water Plan SWIFT Regional Planning
- 6. Guiding Statute Overview Chapter 36 Fundamentals Tips & Good Practices
- 7. GCD Guiding Statute • Texas Water Code, Chapter 36 • Enabling Legislation • Texas Special District Local Laws Code
- 8. GCD Guiding Statute • Texas Water Code, Chapter 36 • Enabling Legislation • Texas Special District Local Laws Code
- 9. Chapter 36 Subchapters A. General Provisions B. Creation of a District C. Administration D. Powers and Duties E. Finances F& G. Bonds, Taxes & Fees H. Judicial Review I. Performance Review and Dissolution J. Adding Territory K. Consolidation L. Assistance Fund M. Permitting Procedures N. ASR
- 10. Chapter 36 Subchapters A. General Provisions B. Creation of a District C. Administration D. Powers and Duties E. Finances F& G. Bonds, Taxes & Fees H. Judicial Review I. Performance Review and Dissolution J. Adding Territory K. Consolidation L. Assistance Fund M. Permitting Procedures N. ASR
- 11. Guiding Statute Overview Chapter 36 Fundamentals Tips & Good Practices
- 12. Fundamentals of Chapter 36 • Joint Planning • Management Plan • Rulemaking • Enforcement • Permits & Permit Proceedings
- 13. Joint Planning • Each GCD belongs to at least one GMA • GMAs establish: – Relevant aquifers for joint planning – DFCs for all relevant and certain other aquifers in GMA • GMAs meet at least annually to assess GCDs progress in achieving/maintaining DFCs • GMAs review/revise DFCs as necessary or re- adopt DFCs at least each five years
- 14. Management Plan • Management Plan consists of: – Management Goals, performance metrics, and technical information from TWDB reports • Must be reviewed and approved by TWDB • Must address/readopt/amend every 5 years • Management Plan must exist before rulemaking
- 15. Rulemaking • Initial rules to achieve Management Plan • Rule Amendments Occur: – Following legislative changes – After Management Plan revisions – Adoption of DFCs, MAG – Change in circumstance
- 16. Rulemaking / Amendments • 20 days notice • Notice posting requirements: – Office – County Clerk – Newspaper Publication – Mail – Available at office/internet site • Public Hearing
- 17. Enforcement • Action taken by GCD to enforce rules • E.g.: illegal wells, metering requirements, production, waste or fees • Requires an enforcement public hearing • Civil penalties up to $10K per day • Attorneys fees awarded to a prevailing District
- 18. Permits • Permitting for non exempt wells • Drilling, equipping, operating, completing or substantially altering a well • Change in withdrawal or permit use • District may establish exemptions in addition to 36.117
- 19. Permit Proceedings • How to conduct a contested permit hearing • Notice provisions • Statutory timeframes for district action • Steps of escalation/action for remedy: – Contested permit hearing – SOAH • Public Comment
- 20. Guiding Statute Overview Chapter 36 Fundamentals Tips & Good Practices
- 21. Tips & Good Practices • Become familiar with the subchapters • Get an electronic copy of Chapter 36 • Stay current with Chapter 36 changes • Know your enabling legislation
- 22. Questions? Sarah Rountree Schlessinger sarah@texasgroundwater.org twitter.com/TXTAGD facebook.com/texasgroundwater
Editor's Notes
- 14 Subchapters: General Provisions: Definitions, the purpose of GCDs, ownership of groundwater Administration: everything on your board of directors, constitutional requirements (bonds), authority to hire a GM, recordkeeping and direction on board meetings and notice requirements Powers and Duties: this is what you shall and may do, including participation in joint planning, developing a management plan, implementing that management plan with the adoption of rules, and issuing permits. This is also the section that allows you to use Chapter 36 as a toolbox and adopt the tools that work for you in well spacing, permitting structure, production limits, etc. AND the ability to enforce on those rules. Finances: outlines the requirements for fiscal management, audits, etc. Bonds, Taxes and Fees: provide procedures for setting and collecting taxes, administrative fees and provide production fee caps Judicial Review: Outlines how you can be sued Performance Review shows how you will be measured by TCEQ if you are not doing what you are supposed to do Permitting produces provides the timelines and legal procedures for what you have to do in issuing a permit, defines how uncontested and contested cases will be processed, and lays out the legal process by which a contested case will be heard by the board, a hearings examiner or SOAH judge.
- 14 Subchapters: General Provisions: Definitions, the purpose of GCDs, ownership of groundwater Administration: everything on your board of directors, constitutional requirements (bonds), authority to hire a GM, recordkeeping and direction on board meetings and notice requirements Powers and Duties: this is what you shall and may do, including participation in joint planning, developing a management plan, implementing that management plan with the adoption of rules, and issuing permits. This is also the section that allows you to use Chapter 36 as a toolbox and adopt the tools that work for you in well spacing, permitting structure, production limits, etc. AND the ability to enforce on those rules. Finances: outlines the requirements for fiscal management, audits, etc. Bonds, Taxes and Fees: provide procedures for setting and collecting taxes, administrative fees and provide production fee caps Judicial Review: Outlines how you can be sued Performance Review shows how you will be measured by TCEQ if you are not doing what you are supposed to do Permitting produces provides the timelines and legal procedures for what you have to do in issuing a permit, defines how uncontested and contested cases will be processed, and lays out the legal process by which a contested case will be heard by the board, a hearings examiner or SOAH judge.
- Exceptions to some of this exist for emergency rules: in which substantial likelihood of imminent peril to public health, safety, welfare or state fedral law requires no prior notice . Rules serve for 180 day life