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