Groundwater in Texas

Transcription

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

2 GCD Snapshot Groundwater Ownership TAGD

3 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

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

5 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

6 Source: John Dupnik, BSEACD

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

8 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

9 Water Code Chapter 36 Well registration/permits Reporting requirements Well construction standards Well spacing requirements Production limitations

10 Joint Planning GCD GMA DFC TWDB MAG

11 Joint Planning GCD GMA DFC TWDB MAG

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

13 Public can participate in joint planning process GCD manages to DFC, reviewed every 5 years Joint Planning

14 GCD Snapshot Groundwater Ownership TAGD

15 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

16 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

17 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

18 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)

19 GCD Snapshot Groundwater Ownership TAGD

20 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

21 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

22 TAGD Member Database Survey of 82 TAGD GCD members with a review of GCD enabling legislation and rules 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

23

24 Number of Counties Per GCD Number of Counties One Two Three Four Five or More Number of GCDs

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

26 Elected v. Appointed Board Elected Appointed Both

27 Number of Board Members Number of Board Members > Number of GCDs

28 Tax-Based v. Fee-Based GCDs Fee Tax Both

29 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

30 Questions? Stacey A. Steinbach Texas Alliance of www.