Texas Groundwater Update, Stacey Steinbach, TAGD

Groundwater in Texas
Stacey A. Steinbach
Texas Alliance of Groundwater Districts
TACA Environmental Seminar
September 12, 2013

Texas Alliance Of
Groundwater Districts
Texas Alliance Of
texasgroundwater.orgtexasgroundwater.org

Texas Alliance Of
Texas Alliance Of
GCD Snapshot
Groundwater Ownership
TAGD

Starting Point: Rule of Capture
•  Adopted as Texas law in 1904 East decision
•  Landowners have right to capture an unlimited
amount of groundwater beneath their property
•  Called “law of non-liability” and “law of the
biggest pump”
•  Provides little certainty and protection
Texas Alliance Of
Texas Alliance Of

GCD Balancing Test
Texas Alliance Of
Texas Alliance Of
Conservation, preservation,
protection, recharging and
prevention of waste of
groundwater and control of
subsidence
Highest practicable
level of groundwater
production

History of GCDs
•  1917: Conservation Amendment to Texas
Constitution (Article XVI, Section 59)
•  1949: Statutory framework for creation of GCDs
•  1997: GCDs are the “State’s preferred method of
groundwater management” (SB 1)
•  2013: 97 conﬁrmed GCDs; 4 awaiting
conﬁrmation; 2 subsidence districts
Texas Alliance Of
Texas Alliance Of

New GCDs (83rd Lege)
• Revived GCD: Calhoun County GCD
• New GCDs:
–  Reeves County GCD
–  Deep East Texas GCD (Shelby, San
Augustine, and Sabine Counties)
Texas Alliance Of
Texas Alliance Of

How GCDs Manage Groundwater
•  Contribute to scientiﬁc understanding of
aquifers (measure water quality/quantity)
•  Educate and inform the community
•  Regulate drilling of wells and production of
groundwater per Chapter 36, Water Code
•  Participate in joint and regional planning
Texas Alliance Of
Texas Alliance Of

Water Code Chapter 36
• Well registration/permits
• Reporting requirements
• Well construction standards
• Well spacing requirements
• Production limitations
Texas Alliance Of
Texas Alliance Of

Joint Planning
Texas Alliance Of
Texas Alliance Of
GCD

GMA
DFC
TWDB
MAG

Joint Planning
• GCD – groundwater conservation district
• GMA – groundwater management area
• DFC – desired future condition
• TWDB – Texas Water Development Board
• MAG – modeled available groundwater
Texas Alliance Of
Texas Alliance Of

Joint Planning
• Public can
participate in joint
planning process
• GCD manages to
DFC, reviewed
every 5 years
Texas Alliance Of
Texas Alliance Of

Important Cases
•  Houston & Tex. Cent. R.R. Co. v. East
•  Pecos County WCID No. 1 v. Williams (Comanche Springs)
•  Sipriano v. Great Spring Waters of America, Inc. (Ozarka)
•  Barshop v. Medina County UWCD
•  City of Del Rio v. the Hamilton Trust
•  Edwards Aquifer Authority v. Day
•  Edwards Aquifer Authority v. Bragg
Texas Alliance Of
Texas Alliance Of

Senate Bill 332 (2011)
•  Landowners own groundwater below the surface as
real property
•  Landowner entitled to drill for and produce
groundwater, but not a speciﬁc amount
•  GCDs may limit or prohibit drilling based on spacing
or tract size and regulate production of groundwater
•  EAA/subsidence districts excluded
Texas Alliance Of
Texas Alliance Of

What We Know
•  Land ownership includes a constitutionally-protected
interest in groundwater in place that cannot be taken
for public use without adequate compensation
•  That interest does not preclude regulation by a GCD
in accordance with Chapter 36 of the Water Code
•  Some limitation of groundwater production does not
constitute a compensable taking
Texas Alliance Of
Texas Alliance Of

What We Don’t Know
•  How much regulation is too much?
•  Is there a distinction between EAA and Chapter 36
GCDs when it comes to a takings claim?
•  How will different “uses” be affected?
•  Will there be unintended consequences?
•  How are damages are calculated? (but see Bragg)
Texas Alliance Of
Texas Alliance Of

About TAGD
•  Non-proﬁt, 501(c)(3) association of member
districts and interested individuals/
government entities/corporations
•  82 GCD members and two dozen associate
members
•  One employee; governed by an Executive
Committee of 11 GCD GMs
Texas Alliance Of
Texas Alliance Of

About TAGD
•  Provides educational and technical assistance
and training
•  Tracks legislation and acts as a resource for
districts, the public, lawmakers, and state
agencies, as needed
•  Assists members in keeping current with state
law
•  Provides opportunities for communication
among GCDs
Texas Alliance Of
Texas Alliance Of

Texas Alliance Of
Texas Alliance Of
GCD Name
Legislation
Number of
Counties
Counties
GCD Population
Community Type
Largest Use
Board Member
Selection
Number of Board
Members
Income Source
Meter Requirements
Spacing
Requirements
Production
Limitations
TAGD Member Database
Survey of 82 TAGD GCD members with a
review of GCD enabling legislation and rules

Texas Alliance Of
Texas Alliance Of

Number of Counties Per GCD
0
10
20
30
40
50
Five or More
Four
Three
Two
One
Number of GCDs
NumberofCounties
Texas Alliance Of
Texas Alliance Of

Largest Groundwater User
Agriculture
36%
Domestic/
Livestock
16%
Industrial/
Commercial
1%
Municipal
Water Supply
36%
Oil & Gas
8%
Combination
3%
Texas Alliance Of
Texas Alliance Of

Elected v. Appointed Board
Elected
Appointed
Both
Texas Alliance Of
Texas Alliance Of

Number of Board Members
0
10
20
30
40
50
5
6-7
8-9
10-11
> 11
Number of GCDs
NumberofBoard
Members
Texas Alliance Of
Texas Alliance Of

Tax-Based v. Fee-Based GCDs
Fee
Tax
Both
Texas Alliance Of
Texas Alliance Of

Emerging Issues – What’s Next?
•  Long-term permitting
•  Desalination, brackish groundwater, and
aquifer storage and recovery
•  Groundwater and oil and gas
•  Well construction standards and enforcement

Texas Alliance Of
Texas Alliance Of

Texas Alliance Of
Texas Alliance Of
Questions?
Stacey A. Steinbach
Texas Alliance of Groundwater Districts
stacey@texasgroundwater.org
www.texasgroundwater.org
www.slideshare.net/TXTAGD

Texas Groundwater Update, Stacey Steinbach, TAGD

Recommended

Recommended

More Related Content

Viewers also liked

Viewers also liked (20)

Similar to Texas Groundwater Update, Stacey Steinbach, TAGD

Similar to Texas Groundwater Update, Stacey Steinbach, TAGD (20)

More from Texas Alliance of Groundwater Districts

More from Texas Alliance of Groundwater Districts (20)

Recently uploaded

Recently uploaded (20)

Texas Groundwater Update, Stacey Steinbach, TAGD