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Presentation a Texas Water Law Conference, April 11-12, 2013, San Antonio
Citation preview
Groundwater Conservation Districts Survey
Stacey A. Steinbach
Texas Alliance of Groundwater Districts
Texas Water Law Conference
April 11, 2013
GCDs: History and Status
GCD Database
Survey Results
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”
• Exceptions: trespass, malicious or wanton conduct, waste,
contamination, subsidence due to negligent overpumping
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; 2 awaiting confirmation; 2 subsidence districts
“I favor no control, but if we must have it, let it be local”
Source: John Dupnik, BSEACD
GCDs at a Glance
• GCDs currently cover all or part of 172 counties
• Oldest and largest GCD: High Plains UWCD No. 1 (created in 1951 and more than 10,000 square miles; includes all or part of 16 counties)
• Smallest GCD: Red Sands GCD in Hidalgo County (31 square miles)
• Some have weather modification and other programs, some are multi-purpose districts
GCDs at a Glance
• 2008: 85% of all reported groundwater use occurred within the boundaries of a GCD
• 2008: more than half of all reported groundwater use came from Ogallala Aquifer
• 2004: agriculture use made up nearly 80% of all groundwater use
Potential New GCDs: 83rd Lege • Calhoun County GCD: HB 3915 (HNRC); SB 1835 (out of
SNRC)
• Deep East Texas GCD: HB 3880 (HSPD); SB 1840 (SNRC) (had hearings this week)
• Comal Trinity GCD: HB 3924 (HNRC)
• Western Travis County GCD: HB 2640 (HSPD)
• Reeves County GCD: HB 2149 (HSPD); SB 890 (HSPD)
GCDs Generally
• GCDs are local government entities created pursuant
to the Texas Constitution
• GCDs may make and enforce rules to conserve,
preserve, protect, and recharge groundwater in order
to control subsidence, prevent degradation of water
quality, or prevent waste
How GCDs Manage Groundwater
• Contribute to scientific understanding of aquifers
(measure water quality/quantity)
• Educate and inform the community
• Participate in joint and regional planning
• Regulate the drilling of wells and production of
groundwater per Chapter 36
Water Code Chapter 36
• Well registration/permits
• Reporting requirements
• Well construction standards
• Well spacing requirements
• Production limitations
Well Registration (Exempt Wells)
1. Wells exempted by GCD board
2. Certain domestic and livestock wells (> 10 acres and
25,000 gpd max capacity
3. Certain oil and gas drilling/exploration wells
4. Certain surface mining wells
Exempt ≠ Unregulated
Registration and construction requirements plus:
1. Wells exempted by GCD board (spacing, reporting)
2. Certain domestic and livestock wells (> 10 acres and 25,000 gpd
max capacity (spacing)
3. Certain oil and gas drilling/exploration wells (spacing, reporting)
4. Certain surface mining wells (reporting)
Reporting Requirements
• GCD may require reports on:
– Drilling, equipping, and completing of wells
– Production and use of groundwater
• Independent of permitting/registration process, but certain D&L wells exempt
• Allows for use of “reasonable and appropriate” reporting methods
Well Spacing Requirements
• GCD spacing requirements may be:
– from property lines and/or other wells
– capacity and size-based
• State agency spacing regulations: – TCEQ (30 TAC Chapter 290)
– TDLR (16 TAC Chapter 76) (SBs 1249, 1387)
Production Limitations
• GCDs may
– Set production limits on wells
– Limit amount of water produced based on acreage, tract size, or assigned acres
– Limit amount of water produced on an af/acre or gpm/well site/acre basis
– Implement limits to achieve managed depletion
Production Limitations • GCDs may preserve historic use if the limitations:
– apply equally to all new permits/ historic use amendments;
– bear a reasonable relationship to management plan; and
– are reasonably necessary to protect existing use.
• GCDs may consider the service area of a retail water utility in
imposing limitations based on tract size
• GCDs may adopt different rules for different aquifers or geographic
areas within the GCD
GCDs: History and Status
GCD Database
Survey Results
GCD Name
Legislation
Number of Counties
Counties
GCD Population
Community Type
Largest Use
Board Member Selection
Number of Board Members
Income Source
Reporting Requirements
Meter Requirements
Spacing Requirements
Production Limitations
TAGD Member Database Survey of 81 TAGD GCD members with a review of GCD
enabling legislation and rules
GCDs: History and Status
GCD Database
Survey Results
Number of Counties Per GCD
0 10 20 30 40 50
Five or More
Four
Three
Two
One
Number of GCDs
Nu
mb
er
of
Co
un
tie
s
0
5
10
15
20
25
30
35
< 10,000 10,001 -50,000
50,001 -100,000
100,001 -500,000
> 500,000
Nu
mb
er
of
GC
Ds
Population Size
Population Per GCD
Type of Community
Suburban
Rural
Urban
Largest Groundwater User
Agriculture 36%
Domestic/ Livestock
16%
Industrial/ Commercial
1%
Municipal Water Supply
36%
Oil & Gas 8%
Combination 3%
Elected v. Appointed Board
Elected
Appointed
Both
Number of Board Members
0 10 20 30 40 50
5
6-7
8-9
10-11
> 11
Number of GCDs
Nu
mb
er
of
Bo
ard
M
em
be
rs
Tax-Based v. Fee-Based GCDs
Fee
Tax
Both
Reporting Requirements All non-exempt wellsmust report use to theGCDNo reporting requirementbut GCD may read meters
Some non-exempt wellsmust report use to theGCDNo reportingrequirements
*Does not encompass original well drilling logs
Meter Requirements
Yes, all non-exemptwells
Yes, some non-exempt wells
No
In the absence of a specific metering requirement, GCD-approved reporting methods may be required
Spacing Requirements TDLR/TCEQ requirementsonly
General spacing/tract sizerequirements
Spacing requirementsbased on well capacity
Combination requirements
Production Limitations
• GCDs utilize numerous tools in implementing production limits:
– acreage-based limitations (gpm/acre or af/acre/year)
– Reasonable use requirements
– Consideration of impacts to neighboring wells
• Many GCDs protect historic use; some contemplate
proportional reductions in cases of drought/overuse
Hydraulic Fracturing
• 62% of GCDs have hydraulic fracturing; half experiencing
significant activity
• Water level impacts as of March 2013: none = 30%, minimal =
49%, and significant = 21%
• A third of GCDs (about 15) require permits
• Reporting and registration requirements common
Summary
• No “one size fits all” approach to groundwater management
• Regulatory methods depend on enabling legislation, aquifers, geographic region, and unique characteristics
• Visit www.texasgroundwater.org for GCD information
Questions? Stacey A. Steinbach
Texas Alliance of Groundwater Districts
stacey@texasgroundwater.org
www.texasgroundwater.org
www.slideshare.net/TXTAGD
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