Peculiarities of Peculiarities of Groundwater Management Groundwater Management

on the Texas Gulf Coast on the Texas Gulf Coast While Sustaining While Sustaining Agricultural UsesAgricultural Uses

Presenter:Presenter:Ronald GertsonRonald Gertson

President of the Coastal Bend Groundwater President of the Coastal Bend Groundwater Conservation DistrictConservation District

and Region K Water Plannerand Region K Water Planner

““We can’t afford to de-water or We can’t afford to de-water or leave behind rural Texas”leave behind rural Texas”

Texas Agriculture Commissioner Texas Agriculture Commissioner Susan CombsSusan Combs

“If at first you do succeed, try not to look astonished”

Source Destination39 Lower Guadalupe River Bexar County40 Lower Colorado River (Matagorda County) Bexar County41 Canyon Lake Bexar and Comal Counties42 Canyon Lake Kendall County43 Milam, Lee, and Bastrop Counties Bexar County44 Bastrop and Gonzales Counties Comal and Guadalupe Counties45 Gonzales and Wilson Counties Bexar County46 Gonzales County Seguin and Schertz47 Colorado River Lake Texana48 Canyon Lake Hays County49 Cedar Creek/Richland-Chambers System Tarrant Regional Water District50 City of Alice Duval County51 Lake Alan Henry Lubbock52 Lower Colorado River (Bastrop County) Hays County53 San Antonio Bay (Calhoun County) Bexar County

Gulf Coast Water Conveyances Proposed by Planning Groups

Source: http://web2.airmail.net/danb1/climate.htm

Annual Rainfall

Analysis of total 1999 water use by county in Texas,

illustrating dominant supply source

Source: 2002 State Water Plan

“He who laughs last, thinks slowest”

Guiding Objectives Used in Rule Guiding Objectives Used in Rule Development for CBGCDDevelopment for CBGCD

1)1) Protect the aquifer from over-pumping that could result Protect the aquifer from over-pumping that could result in:in:a.a. Negative impacts to the local economy and the environment.Negative impacts to the local economy and the environment.b.b. SubsidenceSubsidence

2)2) Do so with the least possible impositions on local users.Do so with the least possible impositions on local users.

3)3) Do so with minimal risk of litigation.Do so with minimal risk of litigation.

4)4) Provide for the collection of sound data to be used for Provide for the collection of sound data to be used for defensible water planning and management.defensible water planning and management.

Groundwater Management Groundwater Management Considerations for the Gulf Coast Aquifer Considerations for the Gulf Coast Aquifer

(and others)(and others)

Sustainability / Recharge / Modeling? Sustainability / Recharge / Modeling? Use? – The other side of the equation. Use? – The other side of the equation. Agricultural use and production limitations?Agricultural use and production limitations? Historic user protection? Farm program Historic user protection? Farm program

impacts?impacts? Cooperative management with neighboring Cooperative management with neighboring

districts? / Absence of districts? districts? / Absence of districts?

Sustainability / Recharge / Modeling Sustainability / Recharge / Modeling Where Policy Meets ScienceWhere Policy Meets Science

What does it mean to manage an aquifer What does it mean to manage an aquifer for sustainability?for sustainability?

What is recharge?What is recharge? vertical infiltration + what – what?vertical infiltration + what – what? underflow from and to areas beyond district underflow from and to areas beyond district

boundaries?boundaries? stream contributions / spring outflows?stream contributions / spring outflows?

Does a GAM answer these questions?Does a GAM answer these questions?

“Very funny Scotty. Now beam down my clothes”

Demand?Demand?The other side of the equationThe other side of the equation

What demands should be used in managing What demands should be used in managing for sustainability?for sustainability?

Full permitted volumes?Full permitted volumes? Highest annual historic use?Highest annual historic use? Some average of annual historic use?Some average of annual historic use? One of the above plus projected increases One of the above plus projected increases

in local demands? in local demands?

Agricultural Use and Production Agricultural Use and Production Limitations?Limitations?

Commercial nurseries Commercial nurseries ~~ 15 ac-ft/acre 15 ac-ft/acre Turf grass irrigation Turf grass irrigation ~~ 7 ac-ft/acre 7 ac-ft/acre Rice irrigation Rice irrigation ~~ 5 ac-ft/acre 5 ac-ft/acre Row crop irrigation Row crop irrigation ~~ 1 ac-ft/acre 1 ac-ft/acre Aquaculture Aquaculture ~~ ? ac-ft/acre ? ac-ft/acre

Agricultural Use and Production Agricultural Use and Production Limitations?Limitations?

Gulf Coast Aquifer management based on correlative rights Gulf Coast Aquifer management based on correlative rights could play out several ways - none of them desirable – could play out several ways - none of them desirable –

1.1. Set high production limitationsSet high production limitations - results in a truly - results in a truly ineffective means of preventing over=production.ineffective means of preventing over=production.

2.2. Set production limitations at the more normal 1 to 2 Set production limitations at the more normal 1 to 2 ac-ft/acreac-ft/acre – results in high-water-use agriculture – results in high-water-use agriculture becoming prohibitively expensive.becoming prohibitively expensive.

3.3. Set production limitations at actual availability Set production limitations at actual availability divided by land massdivided by land mass – results in ridiculously low, – results in ridiculously low, impractical amounts.impractical amounts.

Our Solution?Our Solution? Don’t use correlative rights as a Don’t use correlative rights as a

groundwater management scheme.groundwater management scheme.

Permit for beneficial use.Permit for beneficial use.

Grant historic user status.Grant historic user status.

When total use nears sustainability When total use nears sustainability limitations – adopt restrictions for new limitations – adopt restrictions for new users.users.

“I don’t know the key to success, but the key to failure is trying to

please everybody”Bill Cosby

Our Solution is Not Without Holes!Our Solution is Not Without Holes!

What historic use, if any, gets assigned to wells What historic use, if any, gets assigned to wells that have been idled for various reasons?that have been idled for various reasons?

Can a District continue to bring in new historic Can a District continue to bring in new historic users as time passes?users as time passes?

When push comes to shove, will the District When push comes to shove, will the District have the stamina to distinguish between historic have the stamina to distinguish between historic users and new users?users and new users?

Issues Deserving Legislative ActionIssues Deserving Legislative Action

Single-county districts and the absence of Single-county districts and the absence of districts in some counties.districts in some counties.

District funding equity issues.District funding equity issues. Preserving irrigated agriculture.Preserving irrigated agriculture. Recharge zones outside district boundaries.Recharge zones outside district boundaries. Lack of scientific data to base decisions on.Lack of scientific data to base decisions on. Lack of legally sound management tools.Lack of legally sound management tools.

More Questions than AnswersMore Questions than Answers

The practical solutions are often either The practical solutions are often either prohibited or not expressly permitted by Texas prohibited or not expressly permitted by Texas

law, leaving even responsible GCDs at law, leaving even responsible GCDs at considerable risk of potentially costly litigation.considerable risk of potentially costly litigation.

“Things turn out the best for people who make the best of the way

things turn out”

Nevertheless…