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Fiction: The Middle Trinity
Groundwater Conservation District can deny water well permits to
landowners who market water to the oil and gas industry for personal
profit.
Fact: Texas water law does not
allow a groundwater conservation district (GCD) to deny a permit to a
water marketer, regardless of who he sells water to. However, that
same Code of Law provides three (3) statutory powers that GCDs may use
to discourage the practice of water marketing, especially if the water
is sold outside the GCD’s territory. The Middle Trinity GCD uses all
three of these deterrents. First, the MTGCD rules call for well
permits to be renewed every two years. This makes it difficult for a
water marketer to secure long-term financing for a pipeline
distribution system. Second, the MTGCD rules specify a production
limit of 3 acre feet of water per year for each acre of land owned
contiguous to the well site. This discourages would-be water
marketers/miners who typically want to pump vast quantities of water
without any limitations whatsoever. Third, the MTGCD rules call for
export fees to be charged on water that is marketed to locations
outside the district at a rate of 2.5 cents per thousand gallons. This
is the maximum export fee allowable under Texas Water Code. In
summary, the MTGCD can not deny permits to water marketers; however,
it does use every deterrent available under Texas law to discourage
the practice.
Sources of fact: Chapter 36, Texas
Water Code
www.capitol.state.tx.us MTGCD Rules
www.middletrinitygcd.org
Fiction: Erath and Comanche County
are in danger of running out of water unless the MTGCD changes its
rules.
Fact: The rules of the MTGCD are
based on the latest science available from the Texas Water Development
Board (TWDB) and the 2006 Texas Regional Water Plan. They indicate
that there is enough water available to meet the demands of Comanche
and Erath County for the next fifty years. The MTGCD, and other young
groundwater conservation districts, utilize the TWDB’s data until they
have had time to develop their own scientific data. The MTGCD is in
the process of selecting a professional hydrology firm to substantiate
or refute the scientific information provided by the State; however,
the process is complex, lengthy and costly. Based on available data,
the MTGCD believes there is sufficient time to conduct its own
hydrological studies. Denying permits, lowering production limits,
metering wells or changing the existing rules to increase regulation
should not occur until, and unless, new scientific information
warrants such action.
The fact that water level in the Trinity
Aquifer in Erath County is remaining fairly constant is supported by
the results of water level monitoring that began in the 1960’s and is
ongoing. Fifteen wells are monitored annually by the TWDB. Jane
Hopkins, P.G., Manager, Groundwater Monitoring Section, TWBD has
interpreted the latest information and informs the MTGCD that “there
doesn’t appear to be an overall decline of water levels in Erath
County based on our water level measurements. That’s not to say that
declines aren’t happening in these wells during the summer, but at
least water levels have essentially been able to rebound during the
cooler months”. This observation is supported by local farmers that
see draw downs in the summer while irrigating, but have recovered by
the time they begin again the following year. Additionally, the City
of Stephenville has monitored their municipal wells since 1963, and
the MTGCD has been advised that “we are monitoring all our wells
closely for unusual activity but nothing has created concern at this
time”.
Sources of Fact: Texas Water
Development Board
www.twdb.state.tx.us City of Stephenville 2006 Adopted
Regional Water Plan
www.brazosgwater.org
Fiction: The MTGCD permits three
acre feet of water per acre on well permits.
Fact: Permits for water wells are
issued based on the gallons per minute the well is capable of
producing. It is illegal to pump at a higher rate (gallons per minute)
than the rate specified in the permit. MTGCD permits do advise the
permit holder that there is an annual production limit of three acre
feet per contiguous acre to a well site, but this does not allow the
permit holder to exceed the permitted GPM to achieve this limit.
The production limits in the MTGCD Rules
are primarily to discourage the practice of water mining by water
marketers. Statutory authority for groundwater districts to set
production limits is granted by Chapter 36 of the Texas Water Code.
Sources of fact: Chapter 36, Texas
Water Code
www.capitol.state.tx.us MTGCD Rules
www.middletrinitygcd.org |
