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Serving as a Rookie Water Board Member?

Serving as a Rookie Water Board Member?. D. Lynn Tate, President High Plains Water District. Created as an alternative to state control of groundwater. First groundwater conservation district formed in Texas following passage of Groundwater Conservation Districts Act of 1949.

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Serving as a Rookie Water Board Member?

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  1. Serving as a Rookie Water Board Member? D. Lynn Tate, President High Plains Water District

  2. Created as an alternative to state control of groundwater. First groundwater conservation district formed in Texas following passage of Groundwater Conservation Districts Act of 1949. Created September 29, 1951 by voters and Texas legislature as a political subdivision of the State of Texas. (61 years of service) Enabling legislation & Chapter 36 of Tex. Water Code Ann. charges the district to “conserve, preserve, and protect the underground waters” in a 16-county service area. Funded by ad valorem taxes $ 0.00754 per $100 valuation ($7.54 / year per $100,000)

  3. Water Planning for the Future “Texas does not have enough existing water supplies today to meet the demand for water during times of drought.” -- 2012 State Water Plan

  4. Groundwater Legislation Impacting Districts • Senate Bill 1 – 1997 • Shared management plans between districts. • Created regional water planning process. • Senate Bill 2 – 2001 • Designation of groundwater management areas (GMAs). • Formalized groundwater availability modeling. • Legislature recognizes groundwater conservation districts as “preferred method of groundwater management” in Texas. • House Bill 1763 – 2005 • Groundwater Management Areas to adopt Desired Future Conditions. • Changed responsibility for determination of groundwater availability. • Now codified as Chapter 36.108 of Tex. Water Code Ann.

  5. Future Water Needs?? • Population of Texas expected to increase from 25.4 million in 2000 to 46.3 million in 2060. • Water demand in Texas expected to increase 22% between 2010-2060. - 18 million acre-feet in 2000 to 22 million acre-feet in 2060. • Existing water supplies in Texas expected to decrease 10% between 2000-2060 - 17 million acre-feet in 2000 to 15.3 million acre-feet in 2060. • Existing groundwater supplies expected to decline 30% between 2010-2060. • 8 million acre-feet in 2000 to 5.7 million acre-feet in 2060.

  6. 16 Groundwater Management Areas(GMAs)

  7. HPWD “50/50” Management Goal (2011) • HPWD Board of Directors implement a “50/50” Management Goal within district. • Goal is to have 50 percent of groundwater in storage as of Jan. 1, 2010 available for use Jan. 1, 2060. • This desired future condition must be revisited every 5 years.

  8. Senate Bill 332(Effective 9-1-2011) Amends Tex. Water Code to provide that landowner owns the groundwater below the land surface as real property. Landowners are entitled to drill for and produce groundwater from beneath their property (without causing waste or malicious drainage)—but would not be entitled to a right to capture a specific amount of water. These rights and interests can be limited by a groundwater conservation district’s rules—including allocation of a proportionate share of groundwater for production based upon the number of acres owned by the landowner. Source: Legislative Budget Board Fiscal Note

  9. Proposed House Bill 4 • Structural changes to Texas Water Development Board • Full time 3 commissioners appointed by Governor • 9 member advisory board • $2,000,000,000 from Rainy Day Fund • 10% to Rural Project/10% Conservation • House Bill 4 Similar

  10. Proposed Senate Bill 302 • Set restrictions on GCD until receive Plan approval • TWDB 60 days to determine if GDC Plan meets DFC • Interim permits until Plan approved

  11. Proposed Senate Bill 272 • Mandatory reporting of usage • Method to be determined by TWDB

  12. Edwards Aquifer Authority, et al. v. Burrell Day, et al. (Tex. 2012) • Landowners own groundwater (Chapter 36 Tex. Water Code Ann.) • Recognized Rule of Capture • GCD have right to regulateGCD have broad statutory authority • Activities remain under local electorate’s supervision • GCD have little supervision beyond the local level • Groundwater rights are property rights subject to constitutional protection • If GCD’s rules constitute a “taking” landowner entitled to reasonable compensation

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