HISTORY OF TEXAS ALLIANCE OF GROUNDWATER DISTRICTS TAGD Texas Groundwater 2004 November 18 – 19...

HISTORY OF TEXAS HISTORY OF TEXAS ALLIANCE OF ALLIANCE OF

GROUNDWATER GROUNDWATER DISTRICTSDISTRICTS

TAGDTAGD

Texas Groundwater 2004Texas Groundwater 2004

November 18 – 19 2004November 18 – 19 2004

Richard BowersRichard Bowers

TAGD (TGCDA) Created TAGD (TGCDA) Created May 12, 1988May 12, 1988

To review the history of To review the history of TAGD we need to begin a TAGD we need to begin a few years earlier and few years earlier and review the history of review the history of groundwater groundwater conservation districts in conservation districts in Texas.Texas.

1952 -19831952 -1983• 1950’s Creation of GCD over the 1950’s Creation of GCD over the

Ogallala Aquifer under the Ogallala Aquifer under the authority of Article 7880-3c of authority of Article 7880-3c of Texas Civil Statutes. Edwards Texas Civil Statutes. Edwards Underground Water District Underground Water District created by 56created by 56thth Legislature 1959 Legislature 1959

• 1960’s1960’s Creation of additional Creation of additional GCG in west and central Texas. GCG in west and central Texas. Also created under the authority Also created under the authority of Article 7880-3c of Texas Civil of Article 7880-3c of Texas Civil Statutes. (Evergreen & Plateau)Statutes. (Evergreen & Plateau)

1952 -1983 Continued1952 -1983 Continued1970’s 1970’s

• TEXAS WATER CODE ENACTED TEXAS WATER CODE ENACTED By the 62By the 62ndnd Legislature Regular Legislature Regular Session, to become effective Session, to become effective August 30, 1971. Article 7880-August 30, 1971. Article 7880-3c was replaced by Chapter 52 3c was replaced by Chapter 52 TWC.TWC.

• Harris-Galveston Coastal Harris-Galveston Coastal Subsidence District created by Subsidence District created by 6464thth Legislature 1975 Legislature 1975

1952 -1983 Continued1952 -1983 Continued

1980’s1980’s•Several Districts were Several Districts were

created in 1981 and 1983 created in 1981 and 1983 by Texas Legislature.by Texas Legislature.

•1982 Hickory UWCD 1982 Hickory UWCD Created by Created by Texas Water Texas Water CommissionCommission..

198519856969thth Texas Legislature Texas Legislature

continued to create continued to create groundwater groundwater

conservation districts.conservation districts.

And PassedAnd Passed

HOUSE BILL 2 HOUSE BILL 2

HOUSE BILL 2HOUSE BILL 2

•Included major Included major changes in changes in

surface water law surface water law and groundwater and groundwater

law.law.

HOUSE BILL 2 ContinuedHOUSE BILL 2 Continued New Subchapters Added to New Subchapters Added to

Chapter 52 TWCChapter 52 TWCC.C. CREATION OF DISTRICTS CREATION OF DISTRICTS

IN IN CRITICAL AREASCRITICAL AREAS

D.D. ADMINISTRATIVE ADMINISTRATIVE PROVISIONSPROVISIONS

E.E. POWERS AND DUTIESPOWERS AND DUTIES

HOUSE BILL 2 ContinuedHOUSE BILL 2 Continued

F.F. DISTRICT FINANCESDISTRICT FINANCES

G.G. BONDS AND NOTESBONDS AND NOTES

H.H. TAXESTAXES

I.I. JUDICAL REVIEWJUDICAL REVIEW

J.J. DISSOLUTION OF DISTRICTDISSOLUTION OF DISTRICT

19871987

7070thth Legislature Legislature• New Chairman and several new New Chairman and several new

members appointed on the House members appointed on the House Natural Resource Committee.Natural Resource Committee.

• Terral Smith, Chairman from Austin Terral Smith, Chairman from Austin was also the only Representative west was also the only Representative west of IH-35.of IH-35.

• The Committee was interested in The Committee was interested in groundwater but were unfamiliar groundwater but were unfamiliar with how groundwater districts with how groundwater districts operated.operated.

7070thth Legislature Legislature continued continued

• The Texas Senate Natural Resources The Texas Senate Natural Resources Committee Members were for the Committee Members were for the most part the same.most part the same.

• Tati Santiesteban, Chairman - El Tati Santiesteban, Chairman - El Paso,Paso,

• John Montford, Vice Chairman - John Montford, Vice Chairman - LubbockLubbock

• Bill Sarpalius, Chairman Bill Sarpalius, Chairman Subcommittee on Agriculture - Subcommittee on Agriculture - Amarillo,Amarillo,

• Bill Sims, Chairman Subcommittee Bill Sims, Chairman Subcommittee on Water - San Angelo.on Water - San Angelo.

7070thth Legislature Legislature continued continued

Both the Senate and the House had Both the Senate and the House had legislation introduced to address legislation introduced to address underground water conservation underground water conservation districts (UWCD).districts (UWCD).

Sponsors Included:Sponsors Included:

Senators; Santiesteban and Montford Senators; Santiesteban and Montford

Representatives; Terral Smith, Lena Representatives; Terral Smith, Lena Guerrero from Austin, and Charles Guerrero from Austin, and Charles Evans from Hurst (Tarrant Co.)Evans from Hurst (Tarrant Co.)

7070thth Legislature Legislature continued continued

• The Bills Related to:The Bills Related to:– Continuing supervision of water Continuing supervision of water

districts by the TWC,districts by the TWC,– Minimum standards for Minimum standards for

underground water regulations,underground water regulations,– Jurisdiction over underground Jurisdiction over underground

water in critical area and water in critical area and collection of fees by UWCD,collection of fees by UWCD,

The Bills Related to: (continued)The Bills Related to: (continued)

– Designation of critical areas and Designation of critical areas and creation of UWCD in critical areas,creation of UWCD in critical areas,

– Creation and powers of and Creation and powers of and imposition of fees by UWCD.imposition of fees by UWCD.

– Protection of ground water in the Protection of ground water in the state.state.

– Creation of the Texas Water Creation of the Texas Water Resources Management Oversight Resources Management Oversight Committee.Committee.

All of the above legislation All of the above legislation failed to pass.failed to pass.

7070thth Legislature Legislature continued continued

Groundwater legislation that passed Groundwater legislation that passed included:included:

• Agricultural water conservation grant Agricultural water conservation grant and loan program.and loan program.

• Authority of Harris-Galveston Coastal Authority of Harris-Galveston Coastal Subsidence District to require certain Subsidence District to require certain cities to convert to surface water.cities to convert to surface water.

• Authorizing the relocation of the Authorizing the relocation of the northern boundary of the Edwards northern boundary of the Edwards UWCD.UWCD.

7070thth Legislature Legislature continued continued

The older established districts and the The older established districts and the confirmed districts created in 1985 confirmed districts created in 1985 realized:realized:

We need to go to Austin and get to know We need to go to Austin and get to know the new HNR Committee members.the new HNR Committee members.

We could not continue to remain We could not continue to remain passive on water legislation or rely passive on water legislation or rely solely on our local Senators and solely on our local Senators and Representatives to address our needs Representatives to address our needs and concerns.and concerns.

7070thth Legislature Legislature continued continued

We truly did not know how to We truly did not know how to influence legislation.influence legislation.

• HB 1451 by Terral Smith contained HB 1451 by Terral Smith contained most of the UWCD changes and most of the UWCD changes and passed out of HNR Committee.passed out of HNR Committee.

• Through the help of the Through the help of the Representatives from the Representatives from the panhandle and west Texas a panhandle and west Texas a meeting was scheduled to amend meeting was scheduled to amend HB 1451 on the House Floor.HB 1451 on the House Floor.

House Bill-1451 House Bill-1451

• Representatives from: House Representatives from: House Natural Resource Committee, Texas Natural Resource Committee, Texas Water Commission, Texas Farm Water Commission, Texas Farm Bureau, High Plains UWCD, North Bureau, High Plains UWCD, North Plains GCD and Panhandle GCD met Plains GCD and Panhandle GCD met in an effort to amend HB-1451.in an effort to amend HB-1451.

• Agreements were reached, Agreements were reached, Amendments added on House Floor Amendments added on House Floor but the Bill filed on 3but the Bill filed on 3rdrd Reading in Reading in the House. the House.

Between 70Between 70thth and 71 and 71stst Legislative SessionsLegislative Sessions

Chairman Terral Smith:Chairman Terral Smith:•Visited most of the groundwater Visited most of the groundwater

conservation districts in Texas.conservation districts in Texas.•Became aware of and understood Became aware of and understood

the operations of GCDs.the operations of GCDs.•He became a true supporter of He became a true supporter of

GCDs.GCDs.•Sponsored most of the GCD Sponsored most of the GCD

legislation until he retired in legislation until he retired in 1990.1990.

Between 70Between 70thth and 71 and 71stst Legislative SessionsLegislative Sessions

• Several water related hearing were Several water related hearing were held around the state.held around the state.

• Local GCD provided testimony at a Local GCD provided testimony at a hearing held in Lubbock in the spring hearing held in Lubbock in the spring of 1988.of 1988.

• GCD managers and directors became GCD managers and directors became better acquainted with the State better acquainted with the State Representatives on House Natural Representatives on House Natural Resource Committee.Resource Committee.

• State Rep. Jerry Yost suggested that State Rep. Jerry Yost suggested that the GCDs organize.the GCDs organize.

MAY 12, 1988MAY 12, 1988

TEXAS GROUNDWATER TEXAS GROUNDWATER CONSERVATION DISTRICTS CONSERVATION DISTRICTS

ASSOCIATION ASSOCIATION

(TGCDA)(TGCDA)

was created was created

TGCDA officers elected May TGCDA officers elected May 12, 1988:12, 1988:

Richard Bowers, PresidentRichard Bowers, PresidentNorth Plains GCDNorth Plains GCD

Mark Hoelscher, Vice Mark Hoelscher, Vice PresidentPresident

Permian Basin UWCDPermian Basin UWCD

Becca Williams, SecretaryBecca Williams, SecretaryHigh Plains UWCDHigh Plains UWCD

Gary Walker, TreasurerGary Walker, TreasurerPanhandle GCDPanhandle GCD

TGCDA 1988TGCDA 1988• We began to work with Texas Water We began to work with Texas Water

Commission Groundwater Section Commission Groundwater Section personnel on revisions to Chapter 52.personnel on revisions to Chapter 52.

• We began with the failed version of We began with the failed version of House Bill 1451.House Bill 1451.

• Through the summer and fall of 1988 Through the summer and fall of 1988 all TGCDA Members had participated all TGCDA Members had participated in the development of a proposed in the development of a proposed document to amend Chapter 52 TWC. document to amend Chapter 52 TWC.

• By the fall of 1988 our first TGCDA By the fall of 1988 our first TGCDA draft was finished.draft was finished.

TGCDA 1988TGCDA 1988• The Draft was distributed throughout The Draft was distributed throughout

the State to various groundwater the State to various groundwater interests including:interests including:

• Groundwater Section of Texas Water Groundwater Section of Texas Water CommissionCommission

• Texas Department of Water Texas Department of Water Resources (TWDB)Resources (TWDB)

• Texas Water Conservation AssociationTexas Water Conservation Association• Texas League of Women VotersTexas League of Women Voters• Texas Farm BureauTexas Farm Bureau• Texas Chapter Sierra ClubTexas Chapter Sierra Club

Seventy-First Legislature Seventy-First Legislature 19891989

• The first united effort by GCD to The first united effort by GCD to influence the Texas Legislature.influence the Texas Legislature.

• HNR Committee Chairman Terral HNR Committee Chairman Terral Smith Sponsored our Bill in the Smith Sponsored our Bill in the House.House.– Some changes were made to the Bill in Some changes were made to the Bill in

HNR Committee.HNR Committee.– LChanges from other House Bills were LChanges from other House Bills were

added to our Bill.added to our Bill.

WE WERE LEARNING HOW THE WE WERE LEARNING HOW THE LEGISLATIVE PROCESS WORKS!LEGISLATIVE PROCESS WORKS!

Seventy-First Legislature Seventy-First Legislature Contd.Contd.

• Our Bill passed the House.Our Bill passed the House.• Senate Bill 1212 was the companion Senate Bill 1212 was the companion

Bill in the Senate.Bill in the Senate.• WHAT DO WE DO NOW?WHAT DO WE DO NOW?• Senate Bill 1212 Passed the Senate – Senate Bill 1212 Passed the Senate –

Floor Amendments Added.Floor Amendments Added.• Both Bills went to Conference Both Bills went to Conference

Committee.Committee.• WE WAITED!!WE WAITED!!

Seventy-First Legislature Seventy-First Legislature Contd.Contd.

The Conference Committee Report The Conference Committee Report was adopted by the Senate and was adopted by the Senate and House.House.

We worked on several other bills We worked on several other bills relating to changed in chapter 52 relating to changed in chapter 52 TWC some of them passed – more TWC some of them passed – more failed.failed.

WE HAD BEEN SUCCESSFULWE HAD BEEN SUCCESSFUL

THINK ABOUT THISTHINK ABOUT THISWe all had phones and We all had phones and

typewriters in our offices. typewriters in our offices.

A few had computers and a few A few had computers and a few had fax machines.had fax machines.

But no GCD office or employee But no GCD office or employee had: had:

A Subscription to TLS, modem, A Subscription to TLS, modem, cell phone, pager, e-mail, cell phone, pager, e-mail,

internet, or a PDA.internet, or a PDA.

But when the Session ended we But when the Session ended we all had:all had:

A LOT OF NEW FRIENDS IN A LOT OF NEW FRIENDS IN THE LEGISLATURE THE LEGISLATURE

A UNIFIED VOICE IN TEXAS A UNIFIED VOICE IN TEXAS FOR GROUNDWATER FOR GROUNDWATER

CONSERVATION CONSERVATION DISTRICTSDISTRICTS

ANDAND

A PAIR OF WORN OUT A PAIR OF WORN OUT SHOES (BOOTS) SHOES (BOOTS)

After the 71st Legislative After the 71st Legislative Session 1989Session 1989

The Association became very active The Association became very active in:in:

• Providing seminars to the members,Providing seminars to the members,• Developed the Groundwater Developed the Groundwater

Conservation Districts Operations Conservation Districts Operations Manual,Manual,

• Hosted Legislative - State Agency - Hosted Legislative - State Agency - State Association Tour of State Association Tour of Groundwater Districts,Groundwater Districts,

We Recognized our We Recognized our LegislatorsLegislators

72nd Legislative Session 72nd Legislative Session 19911991

• We became more active in the We became more active in the Legislative process. House Bill 2093 Legislative process. House Bill 2093 by Yost first attempt of by Yost first attempt of Recodification of Texas Water Code.Recodification of Texas Water Code.

• We continued to develop alliances We continued to develop alliances with other associations with with other associations with interests in the management of interests in the management of groundwater.groundwater.

• We developed active Committees We developed active Committees within the Texas Groundwater within the Texas Groundwater Conservation Districts Association.Conservation Districts Association.

Things Began to Change Things Began to Change in 1992in 1992

The Texas Groundwater The Texas Groundwater Conservation Districts Association Conservation Districts Association was being confused with The was being confused with The Texas Groundwater Association Texas Groundwater Association (Texas water well drillers).(Texas water well drillers).

SO WE BECAMESO WE BECAME

TEXAS ALLIANCE of TEXAS ALLIANCE of GROUNDWATER GROUNDWATER

DISTRICTSDISTRICTS

TAGDTAGD

TAGD 1992 and BeyondTAGD 1992 and Beyond

• We continued working and We continued working and developing groundwater developing groundwater information.information.

• Participating and sponsoring Participating and sponsoring water conservation activities,water conservation activities,

• Published a Survey of Published a Survey of Districts Activities.Districts Activities.

• We were preparing for We were preparing for changes. changes.

A Water Issue Around A Water Issue Around San Antonio, TexasSan Antonio, Texas

SurfacedSurfacedCALLEDCALLED

THE THE EDWARDS EDWARDS AQUIFERAQUIFER

7373rdrd Legislative Session Legislative Session 19931993WOWWOW

• Senate Bill 1477 - by Armbrister - Senate Bill 1477 - by Armbrister - Creation of the Edwards Aquifer Creation of the Edwards Aquifer AuthorityAuthority

• House Bill 1266 - by Yost - Second House Bill 1266 - by Yost - Second attempt at recodification bill.attempt at recodification bill.

• Numerous House and Senate Bills Numerous House and Senate Bills related to groundwater management related to groundwater management and regulation.and regulation.

74th Legislative Session 74th Legislative Session 19951995

• House Bill - 2294 by Yost – Moved House Bill - 2294 by Yost – Moved provisions in chapter 52 TWC to New provisions in chapter 52 TWC to New Chapters 35 and 36 TWC.Chapters 35 and 36 TWC.

• House Bill - 1104 by Yost (SB 626 by House Bill - 1104 by Yost (SB 626 by Armbrister) – recodification of Texas Armbrister) – recodification of Texas Water Code.Water Code.

• House Bill – 3189 – By Puente and 44 House Bill – 3189 – By Puente and 44 House Member Coauthors - House Member Coauthors - ArmbristerArmbrister

Relating to the Board of Directors of Relating to the Board of Directors of the Edwards Aquifer Authority and the Edwards Aquifer Authority and the management of the Edwards the management of the Edwards Aquifer. Aquifer.

75th Legislative Session 75th Legislative Session 19971997

SENATE BILL 1SENATE BILL 1• Over half of SB 1 had to do with Over half of SB 1 had to do with

amendments to Chapter 36 TWC.amendments to Chapter 36 TWC.• As introduced SB 1 was very As introduced SB 1 was very

detrimental to GCDsdetrimental to GCDs• TAGD was able to get several TAGD was able to get several

floor amendments added in the floor amendments added in the Senate.Senate.

• The most meaningful The most meaningful amendment was:amendment was:

§ 36.0015. PURPOSE.§ 36.0015. PURPOSE. • Groundwater conservation Groundwater conservation

districts created as provided by districts created as provided by this chapter are the this chapter are the state's state's preferred method of groundwater preferred method of groundwater managementmanagement through rules through rules developed, adopted, and developed, adopted, and promulgated by a district in promulgated by a district in accordance with the provisions of accordance with the provisions of this chapter.this chapter.

After HB 1After HB 1TAGD MembersTAGD Members

• Worked with TWDB in regard to Worked with TWDB in regard to Management Plan rules.Management Plan rules.

• Developed Management Plans.Developed Management Plans.• Went through a Performance Went through a Performance

Review by State Auditor.Review by State Auditor.• Worked during the 76Worked during the 76thth

Legislative Session to amend Legislative Session to amend Chapter 36 - Management Plan Chapter 36 - Management Plan vs. Regional Planning and other vs. Regional Planning and other changes to Ch. 36.changes to Ch. 36.

7777thth Legislative Session Legislative Session 19991999

• Several TAGD Members Several TAGD Members worked on the committee worked on the committee that proposed language for that proposed language for amending Chapter 36 amending Chapter 36 included in Senate Bill 2.included in Senate Bill 2.

• During the Session TAGD During the Session TAGD Members worked to get the Members worked to get the changes adopted.changes adopted.

7878thth Legislative Session Legislative Session 20012001

• TAGD Members worked to keep the TAGD Members worked to keep the proposed changes to Chapter 36 on proposed changes to Chapter 36 on more of a state-wide basis rather more of a state-wide basis rather than address local issues or than address local issues or individual GCDs.individual GCDs.

• TAGD Members worked on TAGD Members worked on legislation designed to outline the legislation designed to outline the various procedures for various various procedures for various district hearings. district hearings. This legislation This legislation failed.failed.

GROUNDWATER GROUNDWATER CONSERVATION DISTRICTS CONSERVATION DISTRICTS

HAVE BECOME THE WAY HAVE BECOME THE WAY TEXAS MANAGES AND TEXAS MANAGES AND

REGULATESREGULATESGROUNDWATER. GROUNDWATER.

MOST GCDs ARE MEMBERS MOST GCDs ARE MEMBERS OF TEXAS ALLIANCE OF OF TEXAS ALLIANCE OF

GROUNDWATER DISTRICTSGROUNDWATER DISTRICTSTAGDTAGD

Questions and/or Comments.