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The House Committee on Natural Resources heard invited and public testimony regarding interim charges related to 1) groundwater policy and an increased competition for scares resources, and 2) the hazards presented by abandoned and deteriorating underground wells.

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing, but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Due to technical difficulties this report omits the first 10 minutes of the hearing.

 

Specific issue related to INTERIM CHARGE #3: Evaluate the status of groundwater policy in Texas, including the following issues: g. emerging issues in groundwater and surface water interaction, in particular in areas of increasing competition for scarce resources.

 

 

Larry French, Texas Water Development Board (TWDB)

  • Presented draft report on groundwater conditions and possibility of indicator wells in Val Verde County
  • Groundwater levels in areas away from Amistad Reservoir show no changes in the last 100 years
  • County wide there is no shortage of water – with usage at 10% of the available 50,000 acre-feet
  • Future persistent droughts could lower groundwater levels and reduce flows in Devils River and San Filipe Springs
  • Reviewed well status monitors to measure changes in Aquifer s
    • Used this information to fill in gaps between measurements
  • Hydrologic triggers are feasible and are in use around the state – already in use specifically on the Edwards Aquifer to help make decisions on when conservation conditions are prevalent to help manage the Aquifer
    • It is a well-established approach and could be established in Val Verde County
    • Did not specify specific location, only feasibility in the report
  • Groundwater flow models have been developed that include Val Verde County
    • Used to assist ground water districts
  • The Val Verde county model was created in conjunction with local authorities and officials to create a more detailed view and technical approach to management of the specific lo9cal aspects
    • The board has used the model and is familiar with it
    • There are other models that could be used – but the board is less familiar with those models
  • Ground water management zones are useful tools for management regionally (referenced map in written testimony)
    • Believes that watershed-based approach makes sense
    • Do not think a one size fits all approach is appropriate because of the variety of needs in the county
  •  Ashby – Val Verde county is not in a groundwater conservation district?
    • That is correct
  • Ashby – there was discussion about over pumping of groundwater in the county, is there truth to that?
    • Certain amount of pumping in certain places could have that same kind of effect
  • Ashby – many of the springs in the county flow into Lake Amistad, how does this play into downstream water use?
    • Do not know how many downstream users there are, but it is most of the Valley
    • There should be some more research done related to down stream effects of pumping groundwater in Val Verde County
  • King – how many endangered species are along the Devils River?
    • Do not have a specific number, but there are many
  • King – would groundwater pumping effect those species?
    • There has been some research, but parks and wildlife would have more of that kind of information
  • Larson – hopefully this will help toward a conversation to help protect the resources for water users and property owners
  • Nevarez – the report speaks to influence of the reservoir on groundwater levels
    • The report outlines a few areas that are directly influenced by the reservoir
  • Nevarez – there was a time before the reservoir, that regular spring levels were much lower, now with the reservoir, some of the reservoir water has mixed with ground water and effects the spring levels
    • That is correct, and we have to take the reservoir into account looking forward because it is not going anywhere
    • The term mixing refers to the chemistry of the water
    • There have been many steps forward in the last 10 years on how ground water works in the area
  • Nevarez – anything in a groundwater conservation district could be affected by the amount of work continued to be done in the area, correct?
    • Continual innovation and education related to the conservation district would lead to changing practices that will get to a strategically balanced place

 

Baeu Nettleton, Vel Verde County Commissioner – Precinct 3

  • Have spent a lot of money in Val Verde County on studies over the years
    • The issue is that the process has not been science based, it has been emotional
  • To get to a district, you have to take the emotional part out
  • The state needs to come in and review effect of the water uses and how they effect downstream users
  • Need to realize that there would be many more losers than winners in this, but we need to approach conservation of the rivers in a similar way to protection of military bases
  • Larson – the headwaters of the Devil’s River have descended – it is a struggling river with all of the water underground, how much of the river has been lost in your lifetime?
    • There are many areas that have been dry for a while

 

JR Macbee, Self

  • One of the largest counties in the state
    • Do not think that the previous described district did not reflect the landowners needs adequately
  • Is not against a district- but need more science done
  • Local control is not likely the best way to manage this
  • Own 7 miles of river front
  • Larson – do you agree with the study that shows the influence on the Devils?
    • Its obvious that there’s an interaction
  • Like the concept of different management areas

 

Randy Nunns, Devils River Conservancy

  • Management zones would give land owners more say in their area
    • Would also give mangers more flexibility to adapt to new scientific approaches
  • All parties are very protective of the river
  • Highlighted many region-specific attributes of the area
  • There is a lot of conservation work that has already been done along the Devil’s River
  • All conservation boosts property values
  • There have been many efforts by industry to use the groundwater which would be detrimental to the river and the area
  • Believes Texas should maintain the resources – endangered species not the Federal fish and wildlife agencies
  • There should be more triggers for conservation than just the Aquifer
  • Headwaters have moved 15 miles south from its original headwaters

 

Jeff Weigel, Nature Conservancy – Texas

  • Described the Nature Conservancy
  • Have been working to protect the Devils River for 30 years
  • Used direct ownership and conservation easements to help protect the river
  • Conservancy owns about 5,000 acres in the county
  • Land owner partners have protected additional 40,000 acres through conservation easements
  • Most easements restrict commercial development of water
  • Have assisted in development of 12 water monitors
  • Facilitated key research on the Aquifer
  • Through proper management there is a way to balance needs of all parties by using science to help accomplish conservation goals
  • Described other conservation research across Texas to help produce water management strategies backed by science

 

Steve Young, Intera Inc.

  • Proper understanding groundwater and surface water interaction in integral
  • Described technical terms associated with surface-groundwater interaction
  • Installation of monitoring wells have helped create more accurate modeling
  • Described Colorado River modeling research and findings
  • Publishing findings on Brazos river
  • Better science would benefit managers and landowners

 

Ron Green, Texas Alliance of Groundwater Districts – Southwest Research Institute 

  • Completely agrees with Water Development Board report
  • Presentation shows regional water shed map
  • There are examples of Aquifer s that are transboundary and can be divided into subregions
  • Watershed basins – related to Edwards Aquifer – watersheds act separately
  • Spoke to naturally occurring high quality water going into the Amistad
  • The Devil’s River watershed – understand why larger capacity wells are located along the river
    • It is a closed basin – no communication hydrologically between watersheds in surrounding areas from the upper watershed
    • Why it is a good idea to have separate management areas
  • The lower watershed does communicate with other watersheds
  • San Filipe Springs is being charged by somewhere else – do not know where exactly that is
    • Needs additional research
  • Described two places that would be appropriate triggers for the Devils River Conservation

 

Robert Mace, Meadows Centers for Water and the Environment

  • Del Rio has a surface water to produce the water that comes up through the spring naturally – highlighted it is an example of the legal interaction between state water and municipal use
  • Have heard a lot from stakeholders related to surface-groundwater interactions
    • Lot of concern of increased pumping and water quality concerns
  • Tests of water quality in various area shows pharmaceuticals and other surficial activities are getting into the Aquifer s
  • Kacal – what is the phenomenon that we cannot trace the source of the San Filipe Spring?
    • The water is coming from some depth – like many of the balconies fault springs

 

 

INTERIM CHARGE #8: Study the hazards presented by abandoned and deteriorated groundwater wells and make recommendations to address the contamination and other concerns these wells may represent.

 

Lee Parham, Texas Department of Licensing and Regulation (TDLR)

  • Late 80s – early 90s there was an estimate of 150,000 abandoned water wells
  • 1997 – transferred water well drillers program to TDLR
    • There was a need for more information way to collect water well reports
  • 2002 – Water Development board and TCEQ created online reporting system
    • Database contains number of wells plugged by category
    • Once out of compliance wells are brought into compliance, they are required to submit plugging report
    • 48,279 water wells have been plugged and entered into the system since 2002
    • Plugged wells are in 103 counties (map in testimony shows regional distribution)
    • Harris county has the most with 4,250
  • 2003 – legislature authorized TDLR entered into MOU with TCEQ and water management districts to work on better addressing abandoned well
    • 2004 TDLR developed an abandoned water well reporting portal
    • Received 435 complaints since inception
  • If a well is determined to be abandoned after inspection the land owner has 180 days to determine if the well will be plugged, capped or renovated
    • Groundwater districts also handle complaints – work closely with TDLR
  • TDLR is a member of multiagency groundwater protection agency
    • Working to better handle abandoned and deteriorating wells
    • Created a guidebook for landowners on how to properly handle plugging or capping wells
  • Ashby – mentioned some districts have assistance in funds, how many GCDs have access to those funds?
    • Knows of 2 but will provide more information to the committee
  • Ashby – knew it was a very small number – the state needs to be better about trying to help landowners with abandoned wells
  • Ashby – may need to look at a statewide program because it is a groundwater and environmental issue
    • TDLR does not have specific recommendations, although there is a recommendation made every session to focus on that – would be happy to work with anybody on proposals to handle this issue
  • Larson – would need to find a revenue stream to fund this, because it is not going away

 

Sarah Schlessinger, Texas Alliance of Groundwater Districts

  • Described TAG
  • Noted groundwater districts purpose also includes quality of groundwater not just allocation of resources
  • Management of abandoned well is under TDLR
  • Occupation code also mandates TDLR and TCEQ have MOU with GCDs
  • It is landowner’s responsibility to cap abandoned wells
    • 17 districts have funding programs for capping abandoned wells
  • Ashby – 17 is the number from the survey?
    • 50 members participated in the survey and 17 responded with that they have funding options
  • Ashby – do you have suggestions for statewide solutions?
    • Assume there would be a strong support for finding a solution
    • Not one at this time
    • Many of them are funding this through allocation within their budget
  • Ashby – what is the cost of plugging an abandoned well?
    • There is a significant range based on variety of factors

 

David Mauk, Bandera County River Authority and Groundwater District

  • Described the district
    • Mission is to protect and preserve the county’s water and natural resources for the state of Texas
  • Have multiple arrangements with other authorities for monitoring
  • One issue is that many of the wells are open to the environment – many were not properly built and cased
  • There are many abandoned wells in Bandera County – biggest danger to the Aquifer
  • Capping abandoned wells can be very expensive and labor intensive to rectify
    • District does not charge for capping the abandoned wells
  • Larson – what is the average cost?
    • The easy ones are about $700 in material, the more difficult ones are very expensive
  • Larson – how many are you capping per year?
    • About 1 month
    • Would like to be able to dedicate personnel to that
  • Ashby – do you have financial assistance for this?
    • It comes directly out of the budget
  • Larson – noted how well the Bandera district is doing and becoming a model for other districts

 

Roland Ruiz, Edwards Aquifer Authority

  • Abandoned well are a significant issue for the district
  • Urbanization is spreading into rural areas – losing connection to these older wells that are now being covered up
  • Do offer financial assistance through set aside in the budget
  • There are 2 significant events in the Edward Aquifer region – both instances were from dry cleaning fluids going through uncapped abandoned wells
    • Described examples of other abandoned wells
  • large industrial wells can cost $250,000 to cap
  • would like additional resources from the state to tap into to help solve this problem – need a collaborative process among GCDs
  • Larson – what do you spend per year capping wells?
    • Set aside $250,000 per year out of our budget
    • Do not get many people due do financial qualification process which requires disclosure of financial information
    • Have been logging wells free of charge to continue to make progress

 

Greg Ellis, GM Ellis Law Firm PC – Groundwater Conservation District Attorney

  • Laws are not very clear related to abandoned water wells
  • Code directly related to abandoned water wells are in occupation code and which include requirement to cap – and water code – with requirements to prevent artesian wells – health and safety code, discusses need to cover wells and cisterns based on size and include criminal penalties
  • HB 3025 was vetoed by governor – would have amended codes to use same terminology
    • Governor’s office said the provisions for GCDs authority did not go far enough
  • GCDs have authority to require landowner to take care or an abandoned well, and with notice to go on the property to cap the well and put a lien on the property for the cost of the capping
    • Required the lien to be put on the property
    • Should consider options not requiring that portion
  • Noted some definitions in code need to be clarified – abandoned well – a well that is not in use, but offers stipulations on definition of in-use
    • Code makes it difficult to abandon a water well
  • Section of code defining artesian well – includes any well that goes down to the Aquifer

 

Public Testimony

 

Dale Dickinson, Self

  • Grew up on the Devil’s River
  • Need to protect the river
  • Have concerns with outside influence on use of the river
  • Have entered into agreement with Texas parks and wildlife to increase access
  • Property owners should do nothing that harms neighbors
  • Rule of capture is archaic

 

David Honeycutt, The Nature Conservancy

  • Northern part of the river cannot stand any withdraws
  • 2015 had a bad drought year – the environmental flows were threatened
  • Need the legislature to do the right thing to protect the Devils River

 

Greg Sengelmann, Gonzales County Underground Water Conservation District

  • Budget over $200,000 for well plugging
  • Have developed cost sharing program 90/10 split
    • Have seen cost of up to $17,000
  • Are systematically reviewing water wells for status

 

John Sheppard, Texas Foundation for Conservation

  • By 2050 population of Texas is expected to double
    • Including water needs and recreational needs
  • Thousands of people come to fish the lake – this single outdoor activity is a boon to the economy
  • Groundwater pumping effecting the surface flows effects all Texans
  • Should be greatly concerned with endangered species found in the Devil’s River