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Texas Water Development Board earns “Atta Boy”
Preserve Our Water commends the Texas Water Development Board (TWDB) for its decision regarding the protest of the Groundwater Management Area 9 Desired Future Condition (DFC) for the Edwards/Trinity aquifer component. Acting on their statutory obligation to rule on the “reasonableness” of a DFC submitted by a Groundwater Management Area (GMA), the TWDB upheld the principle objection in the protest filed by the Kerr County Commissioners Court, Plateau Water Planning Group and the Upper Guadalupe River Authority. In that decision it ruled that the DFC calling for that aquifer component was “unreasonable.”
To understand the ruling, and why it is a desirable ruling for those who seek to manage our groundwater resources based on best available science, requires some understanding of the Rube Goldberg apparatus that passes for water law in Texas. Chapter 36 of the Texas Water Code is the law that governs management of groundwater through Groundwater Conservations Districts (GCD). That law establishes the concept of an exempt well:
“(1) a well used solely for domestic use or for providing water for livestock or poultry on a tract of land larger than 10 acres that is either drilled, completed, or equipped so that it is incapable of producing more than 25,000 gallons of groundwater a day; “
That section goes on to specify that a GCD may not restrict pumping from an exempt well. It turns out that in many jurisdictions within GMA 9, and the state, half, or more, of all wells are classified as exempt and, as a result, are beyond the ability of a GCD to regulate.
The rules regulating the pumping of water by a GCD are established in its “Management Plan,” a document mandated by law. The revision to this law that created the Desired Future Condition planning process requires that, September, 2010 a GCD Management Plan must be based on the approved DFC for its aquifer(s). The GMA (collection of Groundwater Conservation Districts) defines the DFC. The Texas Water Development Board staff use computer models to determine the volume of water that may be pumped (called Managed Available Groundwater) and still meet the DFC. The law further requires that once all of this is done, each GCD must “to the extent possible” permit all of the water specified by the Managed Available Groundwater value.
GMA 9 submitted a DFC for the Edwards/Trinity aquifer component that called for a “zero draw down” of the aquifer. That means, no more water could be pumped than could be “recharged” by rainfall in a normal cycle. The TWDB ruling declared this to be “unreasonable.” Some have concluded, understandably, that in this ruling TWDB is hostile to the intent of the Cow Creek and Headwaters GCD that have banned the issuance of permits to non-exempt wells for water in the Edwards/Trinity. However, a close reading of the decision, in the light of the maze of legal requirements, will reveal that the TWDB is simply taking note of a reality – undesirable as it is – that exempt wells cannot be limited or regulated by a GCD. Conducting computer modeling and using best available guesses as to population growth in the area, the TWDB found that somewhere around 2014 – 46 years shy of the end of the 50 year planning period – the pumping by exempt wells would result in a lowering of the aquifer, rendering the DFC unachievable and, hence, “unreasonable.”
The TWDB calculated the degree of “draw down” that is likely to occur strictly from pumping by the increasing number of exempt wells and suggested to GMA 9 that the level – 9 ft – be established as the DFC. On the surface this appears to fly in the face of the reasonable desire to protect spring flow and the base flow that feeds the Guadalupe River and avoid negative consequences to other aquifers as is reflected in those current Edwards/Trinity pumping prohibitions. It actually provides a solid foundation for GCD management plans limiting those negative effects to the greatest extent possible under current state law.
A GCD management plan built on a fundamentally unsound – unreasonable – DFC that attempts to prohibit pumping by the non-exempt well owner suddenly becomes a ripe target for a lawsuit which, at minimum, will drain the already meager budgets of those Groundwater Conservation Districts. In any case, if the number of exempt wells grow at even half the expected rate, some negative consequences will be unavoidable – again, under current state law. So, for the GCD, this ruling actually points the way to the most robust measures possible. The GCD is entirely free to conclude that the entire volume of the Managed Available Groundwater must be reserved for anticipated exempt well pumping and therefore, no water is available for permitting of non-exempt wells, preserving the current ban. With the senior state agency and best available science both supporting that policy, it would seem to be far more legally sustainable.
The other reason to commend the TWDB for this decision is that it may – may – constitute a sufficiently clear cut case of the problems posed by exempt wells that it will lead to legislative action that at least begins acknowledging the exempt-well elephant in the room.
The legislature made numerous errors in establishing the DFC process. These and other experiences growing out of the process may allow for correction prior to the next planning cycle. The most critical flaw to be corrected is the complete lack of funds allocated to complete this complex, labor intensive and time consuming process. Funding would allow a GMA to hire an independent facilitator not bound to any GCD within that planning group. It would allow for the retention of technical experts as needed and would allow for proper public participation; one in which the GMA would – like many other agencies – be required to not only allow comments and suggestions but to actually consider and respond to the citizen with an explanation as to why the recommendation was or was not acted on. For those who have participated in the GMA 9 process, that defect in the current process is quite evident. Correcting the defect would go far in building trust and confidence in the process among citizens.
We can all hope for – and should work for – the many, needed, substantive improvements based on lessons learned in this first joint planning process by Groundwater Conservation Districts. In this case the TWDB seems to have done the best job possible under far less than ideal conditions.
Dave Collins President, Preserve Our Water, Inc.
The Latest News
Texas Completes Key Groundwater Planning Step
An intensive process to plan out the maximum depletion of aquifers over the next half-century has been completed just ahead of the Sept. 1 deadline. Read full Texas Tribune article here.
Wind transmission lines across Hill Country face holdup at Public Utility Commission
By the time the first segment of the Hill Country line came before the commission in April, the commissioners told the LCRA to go back to the drawing board on proposed routes. And now, with commission Chairman Barry Smitherman signaling his unwillingness to go forward, the commissioners appear to be on the verge of scotching the line altogether. Read full Statesman.com article here.
Endangered Historic Place” in the Hill Country
Preservation Texas has called for nominations for its annual naming of “Texas’ Most Endangered Historic Places”. Nominations are due October 15th. HCA has resources and people who will help. Think about a special place that deserves help with preservation and public attention and take it upon yourself to get the ball rolling. Learn more
Riparian Landowner’s Workshops scheduled for October
Riparian areas are important components of the landscape and water cycle. Please read Steve Nelle’s (NRCS) “Riparian Notes”, learn about taking care of your water resources. More information and details about upcoming workshops here.
TCEQ Considers lower water quality standards. SARA says “clean enough to swim in”
The board of the San Antonio River Authority has come out against the state lowering water quality standards for any of the creeks and rivers it oversees. Other Hill Country river basins are looking at this issue carefully. Sign a petition supporting high standards and learn more here.
Mainstreet Architect Introduces Design Guideline Process to Blanco
The first Design Guideline Public Meeting was held on Tuesday evening, July 27, 2010 at the Blanco Public library at 6 p.m. The purpose of the meeting was to introduce to Blanco citizens and business owners the steps involved in developing design guidelines for the city. Read more from Blanco County News here.
Kerr Wildlife Management Area to be Dedicated Aug. 27th
New, $1.8 million conference center to be dedicated Aug. 27 at the Kerr Wildlife Management Area will provide Texas Parks and Wildlife Department with a quality venue for presenting habitat management and ecological programs to thousands of landowners, students and researchers.
More…
UGRA to host Watershed Stewards event this Thursday
August 26th from 8 am – 4pm in Kerrville. Free, one-day workshop designed to help watershed residents improve and protect their watershed, the Guadalupe River above Canyon Lake. Details
Water Matters: Highland Lakes Group
One thing that almost everyone involved with water supply from groundwater agrees with, including users, marketers and regulators alike, is that the volume of water pumped from an aquifer should not exceed the natural recharge of water into the aquifer” Read Water Matters.
Capitol Area transportation planning news
The Capitol Area Metropolitan Planning Organization's (CAMPO’s) August “CAMPO Connection” features information about the newly adopted 2035 Plan and ECT’s forum taking place on September 10th, “Innovate or Stagnate: Can New Approaches to Infrastructure Development Transform our Region?
Hill Country elected officials urging re-evaluation of transmission lines
Public officials participated in the August 19th PUC Open Meeting in Austin; “CREZ transmission line would have a significant negative impact on the Hill Country which is truly a unique area…” Read the summary from SOS Hill Country here. Senator Fraser continues to push for use of existing rights of way. Read Fraser’s letter to the PUC dated Aug 19th here.
Rainwater Revival announces speaker and live music line-up
The Rainwater Revival today announced the speaker and live music line-up for this outdoor festival created to celebrate the timeless conservation practice of rainwater collection. Read more here.
Senator Fraser Announces Gillespie-Newton Transmission Line Unnecessary
Senator Troy Fraser (R-Horseshoe Bay) announced on Tuesday that the Electric Reliability Council of Texas (ERCOT) has determined that the Gillespie to Newton transmission line is not necessary to solve congestion problems as part of the Competitive Renewable Energy Zone project. Read more here.
TWCA Fall Meeting Scheduled for October 13-15
State Representative Doug Miller and TWDB Board Member Thomas Weir Labatt III will headline the fall meeting of the Texas Water Conservation Association (TWCA), scheduled for October 13-15, 2010, at the Crowne Plaza Riverwalk Hotel in San Antonio. The program will also include numerous presentations on surface and groundwater management. Registration information and a full agenda should be available on the TWCA website by mid-August.
Hill Country power line may not be needed, state grid operator says
A controversial power line proposed to cross the Hill Country to transmit wind power from West Texas may not have to get built after all, according to a letter Tuesday from the agency operating the state's electricity grid. Read full Statesman.com article here.
TCEQ recognizes need for Hays, Travis, Comal Groundwater District
The TCEQ issued a report that draws the conclusion that an order be issued to create a Groundwater Conservation District to include Western Travis, Hays and Comal Counties. The report was filed June 30th and is available online here. More information here. A hearing has been set for set for October 28, 2010 at the Hays County Courthouse at 10:00 a.m. Click here for details.
Hays County picks Nicholson Ranch for Conservation
Nicholson Ranch tract may contain some karst features, which allow substances to more easily enter aquifers. The property includes a small section of Glen Rose limestone, is at the headwaters of Onion Creek, includes several branches of the creek, and may possess springs. Read full San Marcos News article here.
SOS Hill Country requests re-evaluation of transmission line
SaveOur Scenic Hill Country Environment (SOSHCE)is an organization of more than 500 members in Gillespie, Llano, Mason, Kerr and Kimble counties. They are highly concerned about the negative impacts that the McCamey D – Kendall – Gillespie CREZ line will have on the future of the Hill Country and are asking for a re-evaluation of the need for these lines. Read their letter to PUC here.
Great Video About Bear Springs Blossom Preserve
Peter and Marianne Bonenberger were recently awarded a Lone Star Land Steward Award for their excellent work educating the public about land conservation and active restoration practices. Texas Parks & Wildlife put together a great video about the Bonenbergers that is now available. Take five minutes and see what these awesome folks have been doing. http://www.youtube.com/watch?v=P6m8pLdxxww
LCRA Newsletter announces procedural schedule for Hill Country CREZ
LCRA TSC mailed about 5,100 notice letters to landowners along each of the 75 alternative routes the same day it filed the application on July 28. Newspaper notices describing LCRA TSC's proposed routes began running in area newspapers the week of Aug.2” August 27th is the intervention deadline. Complete LCRA Newsletter can be viewed here.
American Planning Association/Texas Conference October 6-9 in San Antonio
Water, Wind and Solar Resources - will there be enough for our growing State? Other topics include; physical and social sustainability planning; planning services to assist in meeting specific community needs; tools for planner's to use in their professional development and Ethics and legislative and court decisions and their effect on community development. HCA friend Randall Arendt, the nation's premier "green" landscape planner, site designer, author and lecturer and an advocate of "conservation planning" will return to Texas as a featured speaker. Learn more here.
Tom Mason, GM at LCRA to speak to PLTA Sept 9th
The Protect Lake Travis Association annual general membership meeting will be combined with a special meeting of the newly formed Lake Travis Community Coalition. The meeting will be held at the Travis County West Service Center near Mansfield Dam at 7PM on Thursday, September 9th. Learn more here.
Transmission Line Seminars Offer Information and Options for Landowners
Five transmission line seminars are scheduled across the state featuring expert information on the electric transmission line process, CREZ, and options for private landowners who may be impacted by proposed transmission line routes. Read details from Texas Wildlife Association here.
Statewide Long Range Transportation Plan 2035
TxDot hosts an open-house style public meeting for the development of the Statewide Long-Range Transportation Plan addressing roads, transit, rail, and all transportation related planning - Wednesday, August 11th in San Antonio - Details
Guadalupe-Blanco River Trust Becomes Texas' First Accredited Land Trust
The Land Trust Accreditation Commission, an independent program of the Land Trust Alliance, announced today that Guadalupe-Blanco River Trust has been awarded accredited status, making Guadalupe-Blanco River Trust the first accredited land trust in the state of Texas. Read more from Texas Land Trust Council here.
TCEQ Draws Flak for Studies That Might Result in Weaker Water Quality Standards The efforts of the Texas Commission on Environmental Quality (TCEQ) to weaken water quality standards for numerous Texas streams through so-called “recreational use” studies were dealt a serious setback Thursday night in the small community of Kosciusko southeast of San Antonio when over 300 residents of Wilson, Karnes, and neighboring counties turned out to demand better water quality for their local stream, Lower Cibolo Creek. Read full story here.
Viewpoint: Comal County needs groundwater conservation district
In the state of Texas, the state owns surface water, including lakes and rivers. But groundwater is a private-property rights matter. In this regard, the state has declared that the preferred method of managing groundwater in Texas is by a groundwater conservation district. (Comal) county has no such groundwater conservation district atop the Trinity Aquifer, which spans about two-thirds of our county. Read full San Antonio Express community article here.
The Future of Water: GMA 9's 30-foot drawdown decision could crimp future growth
After nearly four years of hydrology modeling and politicking, representatives from groundwater districts in Kendall and eight other Hill Country counties decided Monday to limit the drawdown of aquifer levels to no more than 30 feet over the next 50 years. Read full Boerne Star article here.
Read more Hill Country news
Upcoming Events
September
September 1 in Wichita Falls - Transmission Line Seminar Hosted by Texas Wildlife Association and Texas and Southwestern Cattle Raisers Association - Details
September 2 in San Marcos - Texas Wildlife Association Landowner Workshop and Membership Reception - Details
September 9 in Austin - Combined Protect Late Travis Association (PLTA) and Lake Travis Community Coalition (LTCC) meeting, open to the public - Details
September 10 in Austin - INNOVATE OR STAGNATE: Could New Approaches to Infrastructure Transform Our Region? - Envision Central Texas Regional Forum III - Details
September 11 - 21st Annual Frio River Trash Bash - Details
September 17 in San Antonio - Texas Riparian Association 2010 Annual Meeting - Details
September 17 in San Antonio - Edwards Aquifer Authority workshop on Karst Aquifers - Details
September 17 in New Braunfels - Austin-San Antonio Growth Summit - Details
September 21 in San Antonio - Saving Family Lands Seminar - Land conservation, tax planning and financial strategies for landowners and their advisors - Registration deadline: September 13 - Details
September 25 in Brenham - 2nd Annual South Central Texas Water Conservation Conference - Details
September 25 in Helotes - Riparian Zone Workshop: San Geronimo Creek - Details
September 26 in Helotes - Riparian Zone Workshop: Helotes Creek - Details
September 26 in Driftwood - Wimberley Valley Watershed Association annual Hill Country Water Celebration - Details
September 27 in San Antonio - Riparian Zone Workshop: San Antonio River - Details
October
October 4 in Lockhart - Riparian Landowners' Workshop - Details
October 5 in Swinney Switch - - Riparian Landowners' Workshop - Details
October 6 in Camp Wood - Riparian Landowners' Workshop - Details
October 6-9 in San Antonio - 2010 American Planning Association Texas Conference - Details
October 7 in Tarpley - Riparian Landowners' Workshop - Details
October 8 in Barksdale - Riparian Landowners' Workshop - Details
October 8 in Kerrville - Transmission Line Seminar Hosted by Texas Wildlife Association and Texas and Southwestern Cattle Raisers Association - Details
October 9 in Dripping Springs - Hays County Rainwater Revival - All day event celebrating and learning about Rainwater Harvesting and Water Conservation - Details
October 11-12 in San Antonio - Texas Innovative Water 2010 - Details
October 13 in Cleburn - Transmission Line Seminar Hosted by Texas Wildlife Association and Texas and Southwestern Cattle Raisers Association - Details
October 13-15 in San Antonio - Texas Water Conservation Association Fall Meeting - Registration information and a full agenda should be available on the http://www.twca.org/TWCA website by mid-August.
October 22 in Driftwood - Hill Country Conservancy's 4th Annual Hill Country Nights - Details
October 27 in Lubbock - Transmission Line Seminar Hosted by Texas Wildlife Association and Texas and Southwestern Cattle Raisers Association - Details
October 27-30 in Austin - National Preservation Conference - Details
The Hill Country is an idea Texans share.
The Hill Country Alliance connects people and place as active stewards of a regional heritage worth sharing and sustaining for future generations.
"The Mission of the Hill Country Alliance is to bring together an ever-expanding alliance of groups throughout a multi-county region of Central Texas with the long-term objective of preserving open spaces, water supply, water quality and the unigue character of the Texas Hill Country."
