Groundwater issue brought to a boil in Northeast Texas

By DAVY MOSELEY | East Texas Edition

Jerry Yost, second from right, turns a comment to the crowd gathered for the Nov. 12 public hearing concerning a groundwater management area proposal. TNRCC geologist Kelly Mills (at podium) and TNRCC attorney Robin Smith (at table) fielded questions and led the event. -Staff photo by Moseley

November 22, 2001 -- As the Texas Water Development Board continues to brew the 2002 state water plan, another water issue is boiling in Northeast Texas.

The Texas Natural Resource Conservation Commission (TNRCC) hosted three public hearings earlier this month on the proposal to designate a groundwater management area (GMA) in Northeast Texas. The action was in response to a petition submitted by Save Our Springs of Northeast Texas, Inc. on behalf of 57 Wood County landowners.

A GMA is the first step toward the establishment of a local groundwater conservation district that would consist of a board of locally-elected landowners who would make decisions on who does what with the area's groundwater.

A conservation district would take precedence over Texas' right of capture law that has loosely governed groundwater use in the area, and will so continue barring the establishment of a groundwater conservation district.

The Wood County landowners are taking the action as a preemptive strike against water-bottling companies who have allegedly taken more than their fair share of water in neighboring counties. (Ozarka has completed the testing they conducted on a few properties in Wood County. Results of the collected data is expected to be released in early 2002.)

But, there are two sides to the issue.

Jerry Yost, a former Texas congressman from Gregg County, offered testimony during the Nov. 12 hearing.

"I am not going to speak for, or against (the proposed GMA), but right now the state of Texas does not control groundwater," Yost said, alluding to the fact that groundwater is subject to right of capture laws, and the proposed GMA is intended to provide a degree of protection from the biggest well theory.

"Groundwater is going to be the next big issue in Northeast Texas," said Don Smith, a Hopkins County dairy farmer who attended the event.

Smith, who is also president of the Hopkins-Rains Farm Bureau, stated it has always been the position of the organization to encourage groundwater conservation districts because it will put control into the hands of local individuals.

"The issue does have two sides, though," Smith said. A groundwater conservation district would create more paperwork and hurdles for larger water users, and would affect all county residents, not just landowners, if a tax base is set to fund the groundwater conservation district.

A groundwater conservation district will not affect everyone in a district. Water wells for domestic livestock or home use that produce less than 25,000 gallons per day will not fall under a groundwater conservation district, but all residents would be taxed to support it.

One sector that will be hit hardest in the presence of a groundwater conservation district are local water co-ops, according to David Gerk, a Wood County resident since 1986 and local water supply company employee who attended the hearing. "What are the benefits of having another level of paperwork to wade through?"

"There has been some misinformation circulating that if a groundwater conservation district is not formed, the state is going to come in and do it on their own within the next two years," said Kelly Mills, TNRCC geologist. "That information is false. A GMA is purely an open option."

"Go cautiously. There are doors out there that once opened cannot be closed - and that may lead to state control. Think it through thoroughly and make your own decision," Yost stated.

Designation of the GMA will define the boundaries for the coordination of groundwater management planning of the Carrizo-Wilcox, Queen City, Sparta and Yegua-Jackson aquifers and other groundwater resources in the area.

Designation of a GMA does not create a groundwater management district or ensure that a district will be created. The area's delineation, however, is a prerequisite to the creation of such districts.

Persons wishing to submit written comments may submit them to Patricia Duron, Office of Environmental Policy, Analysis and Assessment, MC 205, P.O. Box 13087, Austin, TX 78711-3087, or faxed to 512-239-4808.

All comments must be received by TNRCC no later than 5 p.m. Dec. 10.