East Texas water eyed
Groundwater Conservation Districts 'best' way to have local control of exports

By LORI COPE | East Texas Edition

December 11, 2003 -- As news of privately-owned groups gaining approval to sell billions of gallons of Texas' groundwater spreads, several East Texans say it's definitely time to protect the region's abundant water source.

On Dec. 3, the Texas General Land Office was finalizing a deal that will ultimately put the state in the business of selling water. The state agency is planning to allow private companies to sell the water from the state-owned lands, controlled by the agency.

Land Commissioner Jerry Patterson has been pursuing water deals, which he sees as the next big source of school fund money from state lands. The water deals are being established with Rio Nuevo Ltd. for the West Texas area, and with Austin-based WaterTexas, who say they have obtained water rights from landowners above the Carrizo-Wilcox Aquifer.

The Carrizo-Wilcox Aquifer, which extends from Northeast Texas to the Rio Grande area, is one of East Texas' largest underground water reservoirs.

Of course, landowners have the right to sell their groundwater, as the state's "right of capture rule" is law.

What concerns many East Texans is if a large corporation buys, or leases, land in the region, then pumps an exorbitant amount of water to sell to water-deficit municipalities or areas.

Would the pumping of a large volume of water be detrimental to private landowners who pump water for home and farm use? Would voluminous pumping harm local water supply corporations supplies? Texas Agriculture Commissioner Susan Combs has noted that it could become a battle of "who has the biggest straw."

To address this situation, in December 2002, Texas was divided into 16 Groundwater Management Areas, which affirms the concern for the state's water supply.

To protect the water resources even more, groups within a GMA can form Groundwater Conservation Districts (GWCD) to further protect their natural resource.

"A district is the only entity in the state authorized by state law to manage groundwater through rules to limit, or manage, the exporting of groundwater (from the district)," explained Kelley Mills, a senior staff geologist with Texas Comnission on Environmental Quality's technical analysis division. "If a local population wants to manage their water, a district is the only way to do that. ... If a company wants to export groundwater, then they would have to play by the (district's) rules."

GWCDs are established in the Trinity Valley area (Henderson, Anderson, and Cherokee counties), and PineyWoods area (Nacogdoches and Angelina counties). The East Texas counties of Upshur and Rusk counties are both working to establish a GWCD and have plans to take the issue to the counties' voters. The formmation of a GWCD in Wood County, when presented to the voters, failed in February.

In Upshur County, Melvin Reynolds is one citizen working to develop a GWCD. "We need to establish a (groundwater conservation) district because it gives us local control," said Reynolds. "If we don't do something soon, the state will take control, in 2007."

When it comes to privately-owned companies forming to sell water, Reynolds pointed out "they can come in. We can't keep them out, but we can control the amount of water they take."

David Powell, who chaired the committee to write legislation for a GWCD in Rusk County, said he's noticed the "trend to form these private companies. I heard about it in a meeting about a year ago, and now, they are beginning to become active."

Reynolds noted "these water-marketeers," will be here; "no doubt."

Election dates for voter approval of the GWCD in Rusk and Upshur counties are in the works. Worth Whitehead, appointed temporary chairman of the Rusk County GWCD, said he is meeting with the county commissioners on Dec. 8 to determine an election date. Reynolds felt like it would be in the spring of 2004 before the Upshur County GWCD issue could get on a ballot.