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Desired Future Condition UpdateTexas Water Conservation Association
Mid-Year ConferenceJune 16, 2016
Larry French, P.G.Director, Groundwater Division
Texas Water Development Board
The following presentation is based upon professional research and analysis within the scope of the Texas Water Development Board’s statutory responsibilities and priorities but, unless specifically noted, does not necessarily reflect official Board positions or decisions.
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Groundwater Management Areas
Desired Future Condition• The desired, quantified condition of
groundwater resources (such as water levels, water quality, spring flows, or volumes) at a specified time or times in the future or in perpetuity.
• For “relevant” aquifers• Broad Policy Goal– Drawdown (most)– Spring flow (a few)– Storage volumes (High Plains)
• Updated at least every 5 years (due in 2016)
What is Groundwater Availability?
SciencePolicy Groundwater Availability
GAM or other
tool
DesiredFuture
Conditions
Modeled Available
Groundwater
Goal: informed decisions
Joint Planning for Groundwater Management
District reps propose
DFCs
Districts hold public
hearings
District reps adopt DFCs
Districts adopt their
DFCs
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What’s new or different since 2010?
• Groundwater conditions are dynamic• Explanatory report required• Reduced TWDB technical support to GMAs• New groundwater availability models• TERS – total estimated recoverable storage• Petition process changes (HB 200)• Recommendations in 2017 State Water Plan
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2014 Groundwater Pumping Estimates
Groundwater pumped from counties with a groundwater conservation district – 7.8M ac-ft
Groundwater pumped from counties without a ground-water conservation district
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Groundwater Level Changes 2010-2015
Explanatory Report documents how district representatives
considered the following factors:
Uses and conditions State water plan Hydrologic conditions Environmental impacts Land subsidence Socioeconomics Property rights Feasibility Anything else
Plus, the balancing test:
• Highest practicable level of groundwater production
• Conservation• Preservation• Protection• Recharging• Prevention of waste• Control of
subsidence
productionconservationand friends
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GMAs with new groundwater availability models
Total Estimated Recoverable Storage
• Between 25 and 75 percent of groundwater held within an aquifer can be removed by pumping
• Major and minor aquifer boundaries • No consideration of water quality• No consideration for effects of pumping– Land surface subsidence– Degradation of water quality– Changes to surface water-groundwater interaction
Desired Future Conditions: Appeals Process
Affected person appeals desired future
condition
• Within 120 days after district adopts desired future condition
• Must deposit funds with district to pay for SOAH contract
District receives petition,
submits copy to TWDB
• TWDB conducts administrative review• TWDB conducts technical analysis of desired future
condition• Submits report to SOAH within 120 days
District may
pursue mediation
• Center for Public Policy Dispute Resolution• TWDB• Other
District contracts
with SOAH to conduct hearing
• Prehearing conference
Hearing - SOAH issues findings of
fact and conclusions of
law
• TWDB staff may be called as expert witness
• May dismiss petition• May find desired future
condition unreasonable
Petitioner
District
State Office of Administrative Hearings (SOAH)
Desired Future Conditions: Appeals Process (2)Hearing - SOAH
issues findings of fact and
conclusions of law
• TWDB staff may be called as expert witness• SOAH may dismiss petition• SOAH may find desired future condition unreasonable
District issues final
order
• If district vacates or modifies SOAH finding, it shall issue a report• If district agrees desired future condition is unreasonable, joint
planning meeting will be reconvened to revise it
Petitioner may appeal to a district
court
• Case decided under substantial evidence standard of review
• If desired future condition unreasonable, then districts in GMA adopt new desired future conditionPetitioner
District
State Office of Administrative Hearings (SOAH)
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Next statutory deadline for desired future conditions
District representatives in GMAs to propose desired future conditions by September 1, 2020.
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TWDB Recommendation in 2017 State Water Plan
“The legislature should require that the next set of desired future conditions be adopted collectively by the district representatives of each groundwater management area by January 5, 2022, and every five years thereafter and require that the regional water plans under development as of that same date be consistent with those adopted desired future conditions in effect on that date.”
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Status of desired future conditions
• District representatives in all GMAs proposed desired future conditions by May 1, 2016.
• Individual districts are holding hearings and receiving input on proposed desired future conditions.
• District representatives in 3 GMAs have voted to adopt desired future conditions.
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GMAs with adopted desired future conditions
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Desired future conditions facts• Aquifer with most (proposed) DFCs :
Glen Rose - 35 DFCs (subdivision of Trinity Aquifer in GMA 8)• GMA with most (proposed) DFCs:
GMA 8 – 195• Total number of proposed and adopted DFCs (as of June 1):
nearly 500• Which GMA has no proposed DFCs?
GMA 5
