The Role of Groundwater Conservation Districts
Groundwater Conservation Districts (GCD) are the preferred method of management of groundwater resources according to Texas legislators. In 1949 the Legislature created a process for designating groundwater management areas and authorizing formation of special underground water conservation districts. More recently, the Texas Legislature passed additional laws to establish more GCDs. GCDs operate under guidelines of Chapter 36 of the Texas Water Code.
Groundwater Conservation Districts strive to maintain a balance between protecting the rights of private landowners and conserving water resources. By law, GCDs must develop, adopt and coordinate with other agencies to create a groundwater management plan. Although they are not required to regulate groundwater, most districts have implemented some type of groundwater regulation.
The goals of a management plan include adopting rules for the governance and establishment of administrative and financial procedures. Other issues that can be addressed include providing for the most efficient use of groundwater, controlling and preventing waste of groundwater, and addressing conjunctive surface water issues, natural resources issues, drought conditions, and conservation.
Besides the creation of a groundwater management plan, other mandated duties of a GCD include keeping records of drilling, equipping and completing water wells, permitting and registering wells.
As part of a management plan, the GCD also has the authority in the following areas:
- Buying and selling, transporting and distributing groundwater
- Acquiring land by use of eminent domain
- Conducting surveys, research and monitoring programs
- Providing for the spacing of water wells and regulating the production of wells
- Exempting wells from requirements to obtain a drilling or operating permit
- Requiring owners of uncovered or abandoned wells to keep the well closed or capped
- Requiring a person to obtain a permit to transfer groundwater out of the district
- Engaging in projects to recharge aquifers
- Levying taxes and setting fees
A GCD may make and enforce rules-including those limiting groundwater production based on tract size or the spacing of wells-to conserve, preserve, protect and recharge groundwater or a groundwater reservoir. It also may set rules to control subsidence of land, prevent degradation of water quality and prevent waste of groundwater. Generally, GCDs can not prevent the export of water out of the district. But they can charge an export fee.
Groundwater is and will continue to be a major source of water for Texans. GCDs serve to manage groundwater resources and protect them locally.
