TWCA Groundwater

Committee Update

TWCA Annual Conference

March 7, 2014

Presented by Co-Chairs:

Brian L. Sledge, Attorney at Law, Sledge Fancher, PLLC

Hope Wells, General Counsel, San Antonio Water System

Committee Makeup and Procedures

• Large and diverse stakeholders group

• 2010 Committee Lessons

• Consensus decision-making

• Issues Being Tackled

• Subcommittee organization

Issues Being Tackled

• GCD Permitting: Renewals, Amendments, Rules Consistency

• Brackish Groundwater Regulation

• Aquifer Storage and Recovery

Issues Being Tackled

• Oil and Gas Permitting Exemptions

• TDLR Water Well Driller Regulation

• Contested Case Hearings and Administrative Procedures

Issues Being Tackled

• Appeals of DFCs

• TDLR Water Well Driller Regulation

• Contested Case Hearings and Administrative Procedures

Issues Being Tackled

• Nonsubstantive Chapter 36 Cleanup

• 36.121 Cleanup

• Impacts of MAGs on Permitting and Regional and State Water Planning

Issues Being Tackled

• Support funding for TWDB programs

• Review / abolish SAO process in Chapter 36

• Impacts of MAGs on Permitting and Regional and State Water Planning

GCD Permitting: Renewals and Amendments

• Permittees looking for longer permits or more certainty in permit renewals

• GCDs want to be able to achieve DFCs and cutback when necessary

• House Bill 1796 (2013) as template

• Possible changes to 36.122

Brackish Groundwater Regulation

• Goal to encourage use of brackish, and protect freshwater supplies and management efforts

• Brackish production zone designation in brackish areas only

• Petition to GCD (or GCD-initiated)

• Petitioner bears burden of proof

Brackish Groundwater Regulation

• De minimis impacts; mitigation

• Appeal to TWDB Executive Administrator

• Further appeal to full TWDB board

• Automatic referral to SOAH for first contested case hearing

• PFD to TWDB board for decision

Brackish Groundwater Regulation

• If zone is designated, permit for length of project financing, not to exceed 30 years

• Monitoring well requirement to measure actual versus modeled impacts

• Cutbacks or mitigation only as necessary to limit impacts

Brackish Groundwater Regulation

• Permit application to GCD consistent with petition/ findings in zone designation

• No CCH—appeal to district court

Questions?

Thank you for staying!

bsledge@sledgelaw.com

hope.wells@saws.org