Presented by Co-Chairs: Brian L. Sledge, Attorney at Law, Sledge Fancher, PLLC Hope Wells, General Counsel, San Antonio Water System at TWCA Annual Conference

1. TWCA Groundwater
Committee Update
TWCA Annual Conference
March 7, 2014
Presented by Co-Chairs:
Brian L. Sledge, Attorney at Law, Sledge Fancher, PLLC
Hope Wells, General Counsel, San Antonio Water System

2. Committee Makeup and Procedures
• Large and diverse stakeholders group
• 2010 Committee Lessons
• Consensus decision-making
• Issues Being Tackled
• Subcommittee organization

3. Issues Being Tackled
• GCD Permitting: Renewals, Amendments, Rules
Consistency
• Brackish Groundwater Regulation
• Aquifer Storage and Recovery

4. Issues Being Tackled
• Oil and Gas Permitting Exemptions
• TDLR Water Well Driller Regulation
• Contested Case Hearings and Administrative Procedures

5. Issues Being Tackled
• Appeals of DFCs
• TDLR Water Well Driller Regulation
• Contested Case Hearings and Administrative Procedures

6. Issues Being Tackled
• Nonsubstantive Chapter 36 Cleanup
• 36.121 Cleanup
• Impacts of MAGs on Permitting and Regional and State
Water Planning

7. Issues Being Tackled
• Support funding for TWDB programs
• Review / abolish SAO process in Chapter 36
• Impacts of MAGs on Permitting and Regional and State
Water Planning

8. GCD Permitting: Renewals and Amendments
• Permittees looking for longer permits or more certainty in
permit renewals
• GCDs want to be able to achieve DFCs and cutback when
necessary
• House Bill 1796 (2013) as template
• Possible changes to 36.122

9. Brackish Groundwater Regulation
• Goal to encourage use of brackish, and protect freshwater
supplies and management efforts
• Brackish production zone designation in brackish areas
only
• Petition to GCD (or GCD-initiated)
• Petitioner bears burden of proof

10. Brackish Groundwater Regulation
• De minimis impacts; mitigation
• Appeal to TWDB Executive Administrator
• Further appeal to full TWDB board
• Automatic referral to SOAH for first contested case hearing
• PFD to TWDB board for decision

11. Brackish Groundwater Regulation
• If zone is designated, permit for length of project financing,
not to exceed 30 years
• Monitoring well requirement to measure actual versus
modeled impacts
• Cutbacks or mitigation only as necessary to limit impacts

12. Brackish Groundwater Regulation
• Permit application to GCD consistent with petition/
findings in zone designation
• No CCH—appeal to district court

13. Questions?
Thank you for staying!
bsledge@sledgelaw.com
hope.wells@saws.org