In the first few days of the 2011 Texas legislative session, a bill was filed that could affect groundwater availability and the flow of springs and streams throughout the Hill Country.
After much debate an amended version of SB 332 passed the house late in the evening during the final days of the legislative session. An analysis of this controversial legislation including who supports it, who opposes it and what concerns remain can be read here. The bottom line is that precious groundwater resources, below the land are being recognized by the state of Texas as the landowners "real property".
Senate Bill (SB) 332 addresses the significant issue of groundwater rights and groundwater regulation. This is not a simple issue; we all need to look carefully and consider what’s best for rural landowners who become vulnerable when significant water resources are sold and shipped elsewhere. We need to consider what’s best for our region, a unique place blessed with flowing springs and creeks that are often dependent on aquifers, and a region which is experiencing a very high rate of growth in a fragile rural landscape.
The property right individual landowners have to groundwater has a long legal history in Texas and is intimately tied to our state water planning processes and regulatory structure. Because these issues are complicated and nuanced, any change in statutory language could have significant effects on groundwater use, regulation and planning throughout the Hill Country and the rest of Texas. These issues can also be very controversial, especially in a region that relies so heavily on groundwater. Because of the uncertain legal consequences of this proposed legislation, we urge our leadership to be very cautious.
HCA has gathered ideas and resources to help Hill Country citizens understand groundwater rights and SB 332. Click here to read HCA's issue paper regarding the current regulatory environment and the changes SB 332, as introduced, would make. For more information about groundwater resources in the Hill Country click here.
Texas Wildlife Association Testimony on SB 332 and SB667 - Joesph Fitzsimons testimony on SB 332 before the Senate Natural Resource Committee.
The Fallacy of Vested Groundwater Ownership - Bringing science to the SB332 debate, by hydrologists Rene Barker and Raymond Slade, Jr.
Groundwater Call to Action - A GWPC report
Barton Springs Edwards Aquifer Conservation District - Testimony given March 1, 2011
Coastal Bend GCD Testimony - given March 1, 2011
Rice Producers handout - Reason’s to oppose SB 332
SB 332 bill text
Groundwater Ownership - Issue paper developed by a coalition of organizations pushing SB 332
Ground Water Legislation in the 82nd Texas Legislature - National Wildlife Federation and Sierra Club Groundwater position paper
Who owns the Water, A primer on Texas groundwater law and spring flow - An excellent overview written by Ronald Kaiser and published in Texas the State of Springs in 2005
Landowners’ Rights in Texas Groundwater: How and Why Texas Courts Should Determine Landowners Do Not Own Groundwater in Place - Baylor Law Review article by Susana Elena Canseco
Texas Groundwater Issues: Ownership Rights and Regulation 2010 - The perspective of the primary groups advocating for SB 332; Texas Wildlife Association, Texas and Southwestern Cattle Raisers Association and the Texas Farm Bureau
Texas Alliance of Groundwater Districts position paper for the 82nd Legislature
Environmental Defense Blog, “The Legislature Plunges into the Groundwater Ownership Fray”
South Llano Watershed Alliance - An informational resource on groundwater.
Pecan Valley Groundwater Conservation District
Barton Springs Edwards Aquifer Conservation District
Region K Resolution on Groundwater Management
Coastal Bend Groundwater Conservation District
Resolution of the Texas Rice Producers Legislative Group - Resolution regarding vested groundwater ownership and sutainable groundwater management.
"The purpose of a district, in my opinion, is to prevent harm that the rule of capture would allow and to try to the best of their ability to create sustainable aquifer production. The goal as much as possible should be one of sustainability." Read more from Livestock Weekly.
“Texas is virtually the only state that functions by the “rule of capture,” which allows landowners to pump essentially unlimited amounts of water. Elsewhere in the U.S., groundwater is a public resource, and the state allows people to use the resource.” Read more from Texas Tribune.
Exactly how (the decision) will change the game is what everyone is trying to figure out. The case clearly established two things. First, that landowners legally own the groundwater underneath their land, and second, that landowners may be owed compensation if state or local regulations go too far in limiting the amount of groundwater landowners can pull. Beyond that things start to get a little murky. Read more from NPR.
Prompted by the severity of the current drought, Texans have been earnestly discussing how to manage the state's water resources for the next several decades to meet the needs of a growing population and dynamic economy. This necessary discussion must now consider last week's ruling on property rights and groundwater by the Texas Supreme Court and how it potentially threatens efforts to regulate and conserve aquifers. The court unanimously ruled Friday that property owners own the water beneath their land just as surely as they own the oil and gas. Read more from Statesman.com.
In a case with potentially vast implications for groundwater rules in Texas, the Texas Supreme Court has unanimously ruled in favor of two farmers in the San Antonio area who challenged the local aquifer authority's sharp restrictions on their use of a water well on their land. Read more from Texas Tribune. More on groundwater planning here.
With the Big Dry upon us, the longstanding fight over the water percolating under the surface in nine major and 20 minor underground aquifers was bound to get contentious before the end of the 82nd legislative session. And it did, at least for a while, because of a single word. Read full Texas Tribune article here.
The Texas Senate concurred with the House version of SB 332, a best attempt to balance what started out known as the “vested rights” legislation. Many fear the bill will generate more lawsuits and financial strain for Groundwater Conservation Districts. Time will tell. “Texas needs to come to grips with the need to manage our groundwater resources on a sustainable basis for future generations. Ultimately a landowner can’t build a fence around a natural resource such as groundwater. It’s a shared resource even if a landowner has certain rights to the use of that resource” Ken Kramer, Lone Star Chapter, Sierra Club, statement here. More on this issue here.
The groundwater bill is closer to becoming a law. The Texas House passed SB 332, which states that a property owner also owns the groundwater beneath their land. Read KUT news report here. Read an analysis of the legislation including who supports it, who opposes it and what concerns remain here.
Texas is suffering from a drought that is throwing our groundwater conservation districts and landowners into crisis. Legislature is poised to pass CSSB 332, which could cripple our groundwater conservation districts' ability to conserve water, preserve and protect the hydrological cycle and come to grips with Texas' recurrent drought conditions. Read more from Statesman.com here.
Texas is suffering from a drought that is throwing our groundwater conservation districts and landowners into crisis. Sadly, our legislature is poised to pass a bill known as CSSB 332 that could cripple or even destroy the groundwater management system previously put into place. Read more
A controversial groundwater bill before state representatives late Tuesday either promised the calamitous end of groundwater regulation or simply stated the obvious. Read full Lubbock Online article here.
"Water is a finite resource. It is the most precious resource that this state is charged with conserving," said Ritter, the committee chairman, as he introduced the bill. Read the full Texas Tribune article here.
A state custom that gives landowners the rights to groundwater beneath their land still sparks controversy more than a century after its inception. Read the full Houston Chronical article here.
"The legislation appears to be a step away from the comprehensive water planning procedures that lawmakers have been working on for the last 20 years." Read the SA Express-News editorial here.
The Texas Senate approved a bill Yesterday that would establish groundwater as a vested right protected by the state Constitution. For the bill's sponsor, Sen. Troy Fraser, R-Horseshoe Bay, its passage is a clarification of state law and an assurance to landowners that they have the right to the water below their property. For groundwater and subsidence districts across the state, the bill, approved 28-3, is a threat to the management of one of the state's most limited resources. Read full SA Express-News article here.
The Texas Senate passed a much-discussed piece of groundwater legislation, voting 28-3 to approve a bill stating that landowners in the state have a "vested ownership interest" in the groundwater beneath their land...Texas Tribune report.
More on Hill Country Groundwater.
The Texas Senate reaffirmed Wednesday the rule of capture, a century-old state custom that says landowners have a right to groundwater underneath their land. Read the full Star-Telegram article here.
KUT covered the story yesterday, “It’s a critical time for groundwater districts right now”. Read or listen to the story here. Sierra Club released a statement today still opposing the bill, “The Legislature would be subjecting virtually every action by a groundwater district to a potential “takings” claim. Full media release - For history and resources about SB 332 click here.
Read the Texas Tribune article here.
Read the Texas Observer article here.
Read the Warton Journal Spectator article here.
Read the article from the Bastrop Adviser here.
Read the article from Bastrop Adviser here.
Read the North Texas E-News article here.
Read the Statesman.com article here.
Read article from Star-Telegram.com here.
Read article from the Smithville Times here.
Read a letter to the editor written by Mike Organ, President of the Bastrop-Lee County Farm Bureau here.
The bidding is now open for the Rainwater Revival’s art barrels – professionally designed and decorated rain collection barrels sure to add a delightful yet purposeful accent to your yard. Funds from the auction support rainwater collection and conservation program grants to Hill Country schools. Learn more
Driving through western portions of Austin, maybe you’ve noticed scenic, tree-covered hills spreading across the landscape and wondered when they will become a new shopping area or residential development. While growth is inevitable, it is also important to preserve land for the environmental benefits it provides. Learn more
Water is a hot topic in Texas – and it’s getting hotter. Register for Trib + Water to stay informed. This bi-weekly newsletter is brought to you at no cost by The Meadows Center for the Environment and The Texas Tribune.
“The project is much too important and costly for San Antonio not to have a full and complete understanding about the reliability of the groundwater supply.” Read more from this open-letter by Dr. Curtis Chubb, rancher and groundwater expert, published in the Rivard Report. Citizens have the opportunity to address the San Antonio City Council each Wednesday at 6:00 pm. The Alamo Group of the Sierra Club has created a clearinghouse of articles and reports to keep you informed. SA City Council is likely to vote on the project Thursday, October 30th.
“This historic decision puts us within reach of purchasing the entire tract of land and protecting the habitat Bracken’s bats have used for thousands of years.” Read more from Bat Conservation International. “San Antonio is one of the fastest growing cities in the county, in part because of the vast natural resources of the region. It’s our responsibility to ensure we protect and conserve what makes this region incredibly special.” Councilman Ron Nirenburg, quoted in the Rivard Report.
There's a lot of evidence that millennials don't drive as much — or care as much for cars in general — as previous generations their own age did. They're less likely to get driver's licenses. They tend to take fewer car trips, and when they do, those trips are shorter. They're also more likely than older generations to get around by alternative means: by foot, by bike, or by transit. There's still a lot of dispute, however, over exactly what these trends mean. Read more from the Washington Post.
"Everything from urban development to dance hall preservation was on the agenda at the Hill Country Alliance 2014 Leadership Summit, held Thursday at the Nimitz Hotel Ballroom." Read the full article from the Fredericksburg Standard.
“We are reaching a point in Texas where simply standing on common ground is not enough. The lives of urban and rural Texans are irreversibly intertwined, so we must all join forces to create and define initiatives and policies that conserve the common good, while protecting the heritage of private landowners.” Read more of David K. Langford's guest blog for the Cynthia and George Mitchell Foundation.
Most food growers rely on tap water to keep their plants alive during dry weather, but gardeners are discovering that chemicals in tap water harm the soil organisms that plants depend upon to absorb nutrients. As a result, more and more gardeners are storing rainwater. Read more from Sustainable Food Center.
For the past year, San Antonio City officials, Bat Conservation International, The Nature Conservancy and many other organizations and community leaders have been searching for a solution to avert a 3,500-home development over the Edwards Aquifer and adjacent to Bracken Cave Preserve. Next week, San Antonio's city council will meet to vote on whether to invest $5 million from their Edwards Aquifer Protection Program toward the purchase of the property and a conservation easement to protect aquifer recharge. Learn more from BCI.
City Council chambers filled Wednesday evening with more than 100 people who signed up to speak for or against the proposed SAWS-Vista Ridge Consortium water agreement. Individuals were given two minutes to express their views, while group representatives were allotted five minutes. Read more from the Rivard Report.
“I have never understood why in Texas zoning laws are good for city mice but not for country mice, especially as we lose more and more of the open land that is necessary to our survival as a species every year, but that is the way it is and there seems to be no way to change it until Texans get tired of seeing our state gobbled up by strip malls and truck stops and march on the state capitol armed with shotguns and pruning hooks.” Read this personal story about the Hill Country, by Lonn Taylor, featured in The Big Bend Sentinel. Learn more about County Authority in Texas here.
The public is invited to learn more about the process to develop a Roadway Character Plan for FM 150 from near Arroyo Ranch Road northwest through the Driftwood to RR 12 in Dripping Springs at an October 16 meeting. Hays County Commissioners Will Conley and Ray Whisenant are hosting the meeting to share information about the roadway and gather ideas from the public about what this important cross-county road needs to look like as changes are phased in to improve mobility and safety. Details
“..the effects of human endeavors all around the planet can be gauged by listening to the sounds of different habitats. Wild, urban, rural — they all can be interpreted.” Read more from Bernie Krause in “Call of the Wild,” featured in Sun Magazine. Find out what neighbors are doing through the Noise Pollution Clearning House.
“Through Texas Land Trends, we have been able to raise awareness that ‘Yes, we have a lot of land in Texas,’ but we are losing it at a faster rate than most other states in the country, and that loss is having profound impacts on our agricultural base, our water resources and our native wildlife habitat,” Fitzsimons said. Read more about Land Trends.
A community workshop will be held October 9th from 6–8 pm as part of a “Context Sensitive Solutions (CSS) process,” a planning approach that invites the surrounding communities and neighborhoods to influence the design, so that it reflects their cultural and historic values and aesthetic preferences. Learn more about the event hosted by the CTRMA and TxDot. Explore http://Fix290.org for more information.
HCA has released their 9th Texas Hill Country Calendar. Once again, this calendar delivers stunning photography while remaining an informative resource on Hill Country conservation. The stunning photographs featured throughout the 2015 calendar were chosen from nearly 400 submissions to HCA’s 2014 Photo Contest. Learn more
San Antonio is one step closer to buying some of the most expensive water ever sold in Texas, just as the deal is drawing more critics. Read more from Texas Tribune.
at Cibolo Nature Center & Farm on Oct. 6-11 Volunteers interested in learning about Hill Country wildlife and contributing to its scientific study are encouraged to become citizen scientists during the Wildlife Field Research “bio-blitz” taking place Oct. 6-11 at the Cibolo Nature Center & Farm. Wildlife Field Research is open to participants of all ages and skill levels. Learn more
The Highway Beautification Act will be 50 years old next year. As envisioned by Lyndon and Lady Bird Johnson, it was supposed to protect the natural landscape from billboards. Ever since its passage, scenic activists and billboard companies have been at war over the views along American highways. More from NPR.
The San Antonio Water System Board will vote Monday on a $3.40-billion landmark water deal that would pipe in 50,000 acre-feet of water to San Antonio annually as soon as 2019, enough to meet 20% of the growing city’s future water needs. Read more from the Rivard Report.
Monday’s vote by SAWS is step one, San Antonio City Council will ultimately consider and vote on the Vista Ridge Pipeline Project. Who is this water for? Where will it ultimately go? Who will ultimately pay and what are the long-term financial implications? Show up at UTSA Monday night for a balanced panel discussion. Get educated and get involved. Event details
“The 522 page draft contract for this $3.4 billion deal was posted on-line on September 23rd, giving the SAWS Board and the public less than a week to review a deal that will have far reaching implications for our community, including an estimated 16% rate hike for SAWS customers.” Read more from GEAA. As Margaret Day of the Alamo Sierra Club points out “to be sustainable, aquifer drawdown should be no greater than recharge.” Read this opinion piece from the Alamo Sierran Word.
Travis County is seeking public comments by Wednesday, Oct 1st on their Land, Water and Transportation plan. Read the plan, take the survey and/or send your comments via email. Meanwhile, CAMPO is taking comments until Oct 6th on a variety of projects including a study to construct a major tollway across sensitive preserve lands. “Traffic solution costly, harmful to environment” Read “City to oppose proposed tollroad” in the Austin American Statesmen.
The League of Women Voters of Comal Area invites the public to attend “The Trinity Aquifer: A Shared Resource/ A Shared Responsibility,” to be held October 7 in Canyon Lake. “If you drink water in Comal County, you are likely to be drinking Trinity water, or you soon will be. It is up to all of us to learn more about this resource, no matter where in Comal County we live.” Learn more
It's no secret that drought has been a major factor in the declining water levels of our lakes and reservoirs here in Texas. But there is another factor that has has received very little attention - evaporation. Read more from Texas Living Waters.
The stars may seem a little brighter over Kerrville next year. The Kerrville Public Utility Board last week set aside about $734,000 to upgrade 2,000 city street lights to “full cut-off,” high-efficiency LED lamps that won’t shine light upward. Read More from the Kerrville Daily Times.
Last week’s “Water Crisis” event hosted by The Hays County Citizens Alliance for Responsible Development (CARD) drew a huge crowd and continues to create a lot of meaningful conversations about how rural lands west of I-35 will be developed. Learn more
Even as Cibolo Nature Center staffers celebrate a major milestone with the completed restoration of the historic Herff farmhouse, they're setting ambitious new goals. Read more from SA Express-News.
Central Texas is having a pretty decent year, rain-wise. Were sitting just below normal. But these big rain events all have something in common: They really haven’t fallen where we need them most. “The watershed that helps our water supplies isn’t here in Austin; it’s way up into the counties to the north of us." Read more from State Impact.
Land fragmentation has been a growing problem for Texas, and by all appearances it isn’t going to slow any time soon. The state’s population continues to grow rapidly, and those residents have an insatiable appetite for land. Read more from Livestock Weekly.
As the current drought reminds us, water continues to impact the sustainability and growth of Texas' economy. Unfortunately, land is disappearing faster than in any other state, threatening the water resources on which our economy depends. Land conservation is a cost-effective water resource protection strategy. Join TALT October 1st in Austin.
With cool weather around the corner, the Texas Outdoor Family program has scheduled outdoor recreational workshops statewide though the beginning of December. The workshops offer a low-cost weekend trip where families can un-plug, reconnect with nature, and learn the basics of camping. Read more from Texas Parks and Wildlife.
Water marketers who want to sell to cities say there’s plenty of groundwater, however landowners and conservationists warn that this precious resource could drain in a few decades. Whats the long-term impact on the Colorado River as the groundwater table declines? Who exactly is this water for and what are they willing to pay? Read this excellent article by Neena Satija, Texas Tribune.
ACC Professor Don Jonsson takes an interesting look at various degrees of consensus about what geography is included in the “Hill Country.” His data shows Luckenbach as generally the mean center of the region and the Pedernales River Basin 100% Texas Hill Country. View his project findings, map and summary. HCA has a plethora of helpful Hill Country map resources available online and as well as an interactive map viewer.
Landowner groups and Wildlife Coops – Here’s something worth passing along to your member lists. Wild Pigs are an issue throughout the Hill Country region. Here’s an opportunity to learn from the comfort of your own ranch/home computer. Dial in September 18th to from noon to 1:00. Find out how to access this webinar made possible by the Texas Wildlife Association.
“The effects of population growth on traffic are easy to understand. More people equal more cars on the road. More cars on the road equal more congestion. Duh! The real culprit is the rate at which new people are moving here.” Read one bold Austinite's views (who happens to also be a Real Estate Developer) about the real issue facing Austin (and the Hill Country) population. Ed Wendler, Special to the Austin American Statesman.
to host a free community meeting this Thursday to discuss why water is an increasingly critical issue, and how we can all be part of improving the outlook. Speakers include Andy Sansom, Executive Director of the Meadows Center for Water and the Environment, Steve Clouse, Chief Operating Officer of San Antonio Water Systems, Ray Whisenant, Hays County Commissioner, Peter Newell, Water Resources Engineer at HDR Engineering, and Bech Bruun of the TWDB. Details
The Fix 290 Coalition, a group of over 40 organizations and businesses and 2,800 petition signers, have been advocating for a “parkway" concept to move traffic through Oak Hill and protect the original character and unique natural environment of the area for more than a decade. The City of Austin is now asking for a study of this community driven “parkway” alternative to TxDot’s traditional elevated/frontage road model. Read more from Fix290.
On Saturday, September 6th the Hill Country Alliance hosted a landowner workshop for those landowners potentially impacted by the LCRA's proposed Blumenthal substation and transmission line project. The workshop featured an update from the LCRA on the status of their application to the Public Utility Commission, and a panel discussion of landowner rights during the transmission line routing and construction process. To read a more detailed summary of the event and access speaker presentations, click here.
A decade ago, prospective water marketers easily secured the rights to pump more than 20 billion gallons of water annually from the Carrizo-Wilcox aquifer in Central Texas’ Burleson County. The company now holding those rights, BlueWater, is negotiating a $3 billion deal to send much of that water to San Antonio. Read more from The Texas Tribune.
October 23 in Boerne - 2014 Boerne Water Forum: Community Growth and Water Quality ARE Compatible - Details
October 24 in Utopia - Stars over Utopia - Learn how to protect our night skies and do some stargazing - Details
October 25 in Dripping Springs - HCA's 5th Annual Rainwater Revival! - Details
October 25 in Wimberley - A Whole Farm Approach to Improving the Water Cycle, presented by HMI - Details
October 29 in Austin - Great Places and Healthy People, presented by Congress for the New Urbanism - Details
October 30 in Austin - Balcones Canyonland Preserve Infrastructure Workshop - Details
November 3 in New Braunfels - 2014 ASACC & Lone Star Rail District Legislative Session Luncheon with State Representatives Donna Howard, Ruth Jones McClendon and Doug Miller - Details
November 11 in Austin - Meeting of the Austin Sierra Club - Austin Water Resources Planning Task Force with Sharlene Leurig - Details
November 15 in Johnson City - Sneak Peak Fundraiser at the Hill Country Science Mill: A fun foray into the (not-quite-finished) science museum - Details
One sale now!- Purchase Online
Imagine a place where vibrant communities draw strength from their natural assets to sustain their quality of life. A place where citizens care about protecting the special qualities of a region – their region. A place where people and partners band together to envision a better economic future, tackle shared challenges and care for the natural, scenic, and recreational resources that define the place they call home.
~This is a Conservation Landscape
Helpful Mapping Resources - Beautiful and informative maps of the region to print and share.
HCA Dynamic Mapping Tool - Interactive online GIS mapping tool