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How Would a Groundwater Conservation District Affect Me?
Published
• Tuesday, May 10, 2011
Editors Note: This is the sixth in a series of articles taken from Questions About Groundwater Districts in Texas published by the Cooperative Extension of Texas A&M University.
Can the district place a water meter on my well?
Yes. If the district’s management plan provides for metering, GCDs can place meters on wells to monitor production.
Although metering is a local option, most GCDs do not require meters.
However, many consumers opt to install meters for business and management purposes.
Can a GCD regulate water production from wells used by municipalities and water supply companies?
The Texas Water Code is not clear on this issue. Generally, municipal wells are regulated the same as other large wells in the GCD. Therefore, if the water is pumped from and used in the GCD, normal rules apply.
Because a GCD can set production limits based on acreage or tract size, a city may be limited to the amount of water it can pump based on the land area covered by the city. Such a limit prevents cities and corporations from buying or leasing a tiny tract of land, drilling a well and taking the water to
another part of the groundwater conservation district.
If the city or corporation buys water to be exported outside of the GCD service area, then export fees, if present, will apply.
Can a GCD condemn property through the power of eminent domain?
Yes, if it is for the purposes of the district. However, A GCD cannot condemn property to obtain surface water or groundwater rights.
Can a district prevent me from drilling a well on my property?
It depends on the type of well, the purpose for which it is drilled and the type of regulations that a GCD has adopted.
In general, the GCD cannot prevent you from drilling one well on your property. The well may have to be permitted and a production limit may be set.
The GCD may prevent you from drilling additional wells on your property if well spacing requirements are in place.
Can a GCD control overproduction of groundwater by those who drill
multiple wells that are able to produce less than 25,000 gallons a day on their property?
Yes, but only if the wells are located on a tract of land less than 10 acres in size. A district may not require a permit for, nor regulate pumping from, a well used solely for domestic and livestock purposes if it pumps less than 25,000 gallons per day and is located on a tract of land larger than 10 acres.
It would be possible, however, for landowners to drill multiple wells and avoid regulation by dividing their property into 15-acre tracts and drilling a well on each tract, provided that the water is used for domestic and livestock purposes and that the well produces less than 25,000 gallons per day.
What is well spacing and why would a GCD use it?
A GCD may require wells to be spaced a certain distance from property lines or adjoining wells, or it may require wells to be spaced according to production capacity.
These regulations can prevent the drawdown of the water table, which occurs when production from one well reduces the water level of or interferes with other wells in the area.
By separating the wells or regulating the amount of water pumped from them, a district may prevent the development of a cone of depression, a reduction in water level or well interference.
Can a GCD limit the amount of groundwater I can pump?
Yes. Depending on the type of well, a local GCD can limit production of permitted wells based on acreage or limit the maximum amount of water produced. However, a GCD cannot limit production on exempt wells.
The GCD may preserve historic use as it is consistent with the management plan.
Does the size of my property affect the amount of water I can pump?
It can. A local GCD can set production limits based on property area controlled by the well operator (such as: production limit = the acre-feet of water ! acreage of land).
It is up to the local board to determine the variables for the production limits. The limits should be consistent with management goals and data on the recharge rates.
Can a GCD prevent me from selling water from my property?
No, it cannot prevent you from selling the water, but it could limit the amount of water you pump to sell.
As part of the management plan, the GCD can limit the amount of water you pump based on the land area under your control. A GCD can impose an export fee if the water is being sold and taken out of the service area.
What are the penalties for noncompliance with GCD rules?
Penalties of up to $10,000 per day per violation can be set by GCD-adopted rules. The rules may be enforced by injunction through the court system.
How can a GCD monitor and protect my groundwater resources?
In developing a management plan, a groundwater conservation district may study and evaluate the aquifer to obtain the necessary data to understand its status. The district may then develop plans and establish rules to monitor groundwater resources, prevent waste and encourage the conservation,
preservation and protection of groundwater.
Through its groundwater monitoring (both quantity and quality) and assessment functions, a GCD can measure groundwater resources, study aquifer characteristics and identify groundwater problems that need to be addressed.
A GCD can establish an overall understanding of groundwater use and production within the district by conducting a water well inventory and through its permitting and registration program. Through these programs, a GCD can measure the effects of pumping on the aquifer.
What other management options are available to GCDs?
A GCD also can help monitor and protect your groundwater by:
• Protecting water quality by regulating water well construction and ensuring proper well closure; actively identifying and closing abandoned wells; and regulating potential sources of contamination.
• Buying, selling, transporting and distributing surface water or groundwater for any reason. However, GCDs are generally ill equipped to serve as a water purveying entity.
• Undertaking cloud-seeding and rain-making projects to enhance natural recharge and to increase groundwater supplies.
• Sponsoring water conservation efforts.
• Educating the public about groundwater.
• Providing assistance to landowners through loan and
grant programs.
How Would a Groundwater Conservation District Affect Me?
Published
• Tuesday, May 10, 2011
Editors Note: This is the sixth in a series of articles taken from Questions About Groundwater Districts in Texas published by the Cooperative Extension of Texas A&M University.
Can the district place a water meter on my well?
Yes. If the district’s management plan provides for metering, GCDs can place meters on wells to monitor production.
Although metering is a local option, most GCDs do not require meters.
However, many consumers opt to install meters for business and management purposes.
Can a GCD regulate water production from wells used by municipalities and water supply companies?
The Texas Water Code is not clear on this issue. Generally, municipal wells are regulated the same as other large wells in the GCD. Therefore, if the water is pumped from and used in the GCD, normal rules apply.
Because a GCD can set production limits based on acreage or tract size, a city may be limited to the amount of water it can pump based on the land area covered by the city. Such a limit prevents cities and corporations from buying or leasing a tiny tract of land, drilling a well and taking the water to
another part of the groundwater conservation district.
If the city or corporation buys water to be exported outside of the GCD service area, then export fees, if present, will apply.
Can a GCD condemn property through the power of eminent domain?
Yes, if it is for the purposes of the district. However, A GCD cannot condemn property to obtain surface water or groundwater rights.
Can a district prevent me from drilling a well on my property?
It depends on the type of well, the purpose for which it is drilled and the type of regulations that a GCD has adopted.
In general, the GCD cannot prevent you from drilling one well on your property. The well may have to be permitted and a production limit may be set.
The GCD may prevent you from drilling additional wells on your property if well spacing requirements are in place.
Can a GCD control overproduction of groundwater by those who drill
multiple wells that are able to produce less than 25,000 gallons a day on their property?
Yes, but only if the wells are located on a tract of land less than 10 acres in size. A district may not require a permit for, nor regulate pumping from, a well used solely for domestic and livestock purposes if it pumps less than 25,000 gallons per day and is located on a tract of land larger than 10 acres.
It would be possible, however, for landowners to drill multiple wells and avoid regulation by dividing their property into 15-acre tracts and drilling a well on each tract, provided that the water is used for domestic and livestock purposes and that the well produces less than 25,000 gallons per day.
What is well spacing and why would a GCD use it?
A GCD may require wells to be spaced a certain distance from property lines or adjoining wells, or it may require wells to be spaced according to production capacity.
These regulations can prevent the drawdown of the water table, which occurs when production from one well reduces the water level of or interferes with other wells in the area.
By separating the wells or regulating the amount of water pumped from them, a district may prevent the development of a cone of depression, a reduction in water level or well interference.
Can a GCD limit the amount of groundwater I can pump?
Yes. Depending on the type of well, a local GCD can limit production of permitted wells based on acreage or limit the maximum amount of water produced. However, a GCD cannot limit production on exempt wells.
The GCD may preserve historic use as it is consistent with the management plan.
Does the size of my property affect the amount of water I can pump?
It can. A local GCD can set production limits based on property area controlled by the well operator (such as: production limit = the acre-feet of water ! acreage of land).
It is up to the local board to determine the variables for the production limits. The limits should be consistent with management goals and data on the recharge rates.
Can a GCD prevent me from selling water from my property?
No, it cannot prevent you from selling the water, but it could limit the amount of water you pump to sell.
As part of the management plan, the GCD can limit the amount of water you pump based on the land area under your control. A GCD can impose an export fee if the water is being sold and taken out of the service area.
What are the penalties for noncompliance with GCD rules?
Penalties of up to $10,000 per day per violation can be set by GCD-adopted rules. The rules may be enforced by injunction through the court system.
How can a GCD monitor and protect my groundwater resources?
In developing a management plan, a groundwater conservation district may study and evaluate the aquifer to obtain the necessary data to understand its status. The district may then develop plans and establish rules to monitor groundwater resources, prevent waste and encourage the conservation,
preservation and protection of groundwater.
Through its groundwater monitoring (both quantity and quality) and assessment functions, a GCD can measure groundwater resources, study aquifer characteristics and identify groundwater problems that need to be addressed.
A GCD can establish an overall understanding of groundwater use and production within the district by conducting a water well inventory and through its permitting and registration program. Through these programs, a GCD can measure the effects of pumping on the aquifer.
What other management options are available to GCDs?
A GCD also can help monitor and protect your groundwater by:
• Protecting water quality by regulating water well construction and ensuring proper well closure; actively identifying and closing abandoned wells; and regulating potential sources of contamination.
• Buying, selling, transporting and distributing surface water or groundwater for any reason. However, GCDs are generally ill equipped to serve as a water purveying entity.
• Undertaking cloud-seeding and rain-making projects to enhance natural recharge and to increase groundwater supplies.
• Sponsoring water conservation efforts.
• Educating the public about groundwater.
• Providing assistance to landowners through loan and
grant programs.
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