HISTORY OF TEXAS ALLIANCE OF GROUNDWATER DISTRICTS TAGD

HISTORY OF TEXAS ALLIANCE OF GROUNDWATER DISTRICTS TAGD Texas Groundwater 2004 November 18 – 19 2004 Richard Bowers

TAGD (TGCDA) Created May 12, 1988 To review the history of TAGD we need to begin a few years earlier and review the history of groundwater conservation districts in Texas.

1952 -1983 • 1950’s Creation of GCD over the Ogallala Aquifer under the authority of Article 7880 -3 c of Texas Civil Statutes. Edwards Underground Water District created by 56 th Legislature 1959 • 1960’s Creation of additional GCG in west and central Texas. Also created under the authority of Article 7880 -3 c of Texas Civil Statutes. (Evergreen & Plateau)

1952 -1983 Continued 1970’s • TEXAS WATER CODE ENACTED By the 62 nd Legislature Regular Session, to become effective August 30, 1971. Article 7880 -3 c was replaced by Chapter 52 TWC. • Harris-Galveston Coastal Subsidence District created by 64 th Legislature 1975

1952 -1983 Continued 1980’s • Several Districts were created in 1981 and 1983 by Texas Legislature. • 1982 Hickory UWCD Created by Texas Water Commission.

1985 69 th Texas Legislature continued to create groundwater conservation districts. And Passed HOUSE BILL 2

HOUSE BILL 2 • Included major changes in surface water law and groundwater law.

HOUSE BILL 2 Continued New Subchapters Added to Chapter 52 TWC C. CREATION OF DISTRICTS IN CRITICAL AREAS D. ADMINISTRATIVE PROVISIONS E. POWERS AND DUTIES

HOUSE BILL 2 Continued F. DISTRICT FINANCES G. BONDS AND NOTES H. TAXES I. JUDICAL REVIEW J. DISSOLUTION OF DISTRICT

1987 70 th Legislature • New Chairman and several new members appointed on the House Natural Resource Committee. • Terral Smith, Chairman from Austin was also the only Representative west of IH-35. • The Committee was interested in groundwater but were unfamiliar with how groundwater districts operated.

70 th Legislature continued • The Texas Senate Natural Resources Committee Members were for the most part the same. • Tati Santiesteban, Chairman - El Paso, • John Montford, Vice Chairman - Lubbock • Bill Sarpalius, Chairman Subcommittee on Agriculture - Amarillo, • Bill Sims, Chairman Subcommittee on Water - San Angelo.

th 70 Legislature continued Both the Senate and the House had legislation introduced to address underground water conservation districts (UWCD). Sponsors Included: Senators; Santiesteban and Montford Representatives; Terral Smith, Lena Guerrero from Austin, and Charles Evans from Hurst (Tarrant Co. )

th 70 Legislature continued • The Bills Related to: – Continuing supervision of water districts by the TWC, – Minimum standards for underground water regulations, – Jurisdiction over underground water in critical area and collection of fees by UWCD,

The Bills Related to: (continued) – Designation of critical areas and creation of UWCD in critical areas, – Creation and powers of and imposition of fees by UWCD. – Protection of ground water in the state. – Creation of the Texas Water Resources Management Oversight Committee. All of the above legislation failed to pass.

th 70 Legislature continued Groundwater legislation that passed included: • Agricultural water conservation grant and loan program. • Authority of Harris-Galveston Coastal Subsidence District to require certain cities to convert to surface water. • Authorizing the relocation of the northern boundary of the Edwards UWCD.

th 70 Legislature continued The older established districts and the confirmed districts created in 1985 realized: § We need to go to Austin and get to know the new HNR Committee members. § We could not continue to remain passive on water legislation or rely solely on our local Senators and Representatives to address our needs and concerns.

th 70 Legislature continued § We truly did not know how to influence legislation. • HB 1451 by Terral Smith contained most of the UWCD changes and passed out of HNR Committee. • Through the help of the Representatives from the panhandle and west Texas a meeting was scheduled to amend HB 1451 on the House Floor.

House Bill-1451 • Representatives from: House Natural Resource Committee, Texas Water Commission, Texas Farm Bureau, High Plains UWCD, North Plains GCD and Panhandle GCD met in an effort to amend HB-1451. • Agreements were reached, Amendments added on House Floor but the Bill filed on 3 rd Reading in the House.

Between 70 th and 71 st Legislative Sessions Chairman Terral Smith: • Visited most of the groundwater conservation districts in Texas. • Became aware of and understood the operations of GCDs. • He became a true supporter of GCDs. • Sponsored most of the GCD legislation until he retired in 1990.

Between 70 th and 71 st Legislative Sessions • Several water related hearing were held around the state. • Local GCD provided testimony at a hearing held in Lubbock in the spring of 1988. • GCD managers and directors became better acquainted with the State Representatives on House Natural Resource Committee. • State Rep. Jerry Yost suggested that the GCDs organize.

MAY 12, 1988 TEXAS GROUNDWATER CONSERVATION DISTRICTS ASSOCIATION (TGCDA) was created

TGCDA officers elected May 12, 1988: Richard Bowers, President North Plains GCD Mark Hoelscher, Vice President Permian Basin UWCD Becca Williams, Secretary High Plains UWCD Gary Walker, Treasurer Panhandle GCD

TGCDA 1988 • We began to work with Texas Water Commission Groundwater Section personnel on revisions to Chapter 52. • We began with the failed version of House Bill 1451. • Through the summer and fall of 1988 all TGCDA Members had participated in the development of a proposed document to amend Chapter 52 TWC. • By the fall of 1988 our first TGCDA draft was finished.

TGCDA 1988 • The Draft was distributed throughout the State to various groundwater interests including: • Groundwater Section of Texas Water Commission • Texas Department of Water Resources (TWDB) • Texas Water Conservation Association • Texas League of Women Voters • Texas Farm Bureau • Texas Chapter Sierra Club

Seventy-First Legislature 1989 • The first united effort by GCD to influence the Texas Legislature. • HNR Committee Chairman Terral Smith Sponsored our Bill in the House. – Some changes were made to the Bill in HNR Committee. – LChanges from other House Bills were added to our Bill. WE WERE LEARNING HOW THE LEGISLATIVE PROCESS WORKS!

Seventy-First Legislature Contd. • Our Bill passed the House. • Senate Bill 1212 was the companion Bill in the Senate. • WHAT DO WE DO NOW? • Senate Bill 1212 Passed the Senate – Floor Amendments Added. • Both Bills went to Conference Committee. • WE WAITED!!

Seventy-First Legislature Contd. The Conference Committee Report was adopted by the Senate and House. We worked on several other bills relating to changed in chapter 52 TWC some of them passed – more failed. WE HAD BEEN SUCCESSFUL

THINK ABOUT THIS We all had phones and typewriters in our offices. A few had computers and a few had fax machines. But no GCD office or employee had: A Subscription to TLS, modem, cell phone, pager, e-mail, internet, or a PDA. But when the Session ended we all had:

A LOT OF NEW FRIENDS IN THE LEGISLATURE A UNIFIED VOICE IN TEXAS FOR GROUNDWATER CONSERVATION DISTRICTS AND A PAIR OF WORN OUT SHOES (BOOTS)

After the 71 st Legislative Session 1989 The Association became very active in: • Providing seminars to the members, • Developed the Groundwater Conservation Districts Operations Manual, • Hosted Legislative - State Agency State Association Tour of Groundwater Districts,

We Recognized our Legislators

72 nd Legislative Session 1991 • We became more active in the Legislative process. House Bill 2093 by Yost first attempt of Recodification of Texas Water Code. • We continued to develop alliances with other associations with interests in the management of groundwater. • We developed active Committees within the Texas Groundwater Conservation Districts Association.

Things Began to Change in 1992 The Texas Groundwater Conservation Districts Association was being confused with The Texas Groundwater Association (Texas water well drillers). SO WE BECAME TEXAS ALLIANCE of GROUNDWATER DISTRICTS TAGD

TAGD 1992 and Beyond • We continued working and developing groundwater information. • Participating and sponsoring water conservation activities, • Published a Survey of Districts Activities. • We were preparing for changes.

A Water Issue Around San Antonio, Texas Surfaced CALLED THE EDWARDS AQUIFER

73 rd Legislative Session 1993 WOW • Senate Bill 1477 - by Armbrister - Creation of the Edwards Aquifer Authority • House Bill 1266 - by Yost - Second attempt at recodification bill. • Numerous House and Senate Bills related to groundwater management and regulation.

74 th Legislative Session 1995 • House Bill - 2294 by Yost – Moved provisions in chapter 52 TWC to New Chapters 35 and 36 TWC. • House Bill - 1104 by Yost (SB 626 by Armbrister) – recodification of Texas Water Code. • House Bill – 3189 – By Puente and 44 House Member Coauthors - Armbrister Relating to the Board of Directors of the Edwards Aquifer Authority and the management of the Edwards Aquifer.

75 th Legislative Session 1997 • • SENATE BILL 1 Over half of SB 1 had to do with amendments to Chapter 36 TWC. As introduced SB 1 was very detrimental to GCDs TAGD was able to get several floor amendments added in the Senate. The most meaningful amendment was:

§ 36. 0015. PURPOSE. • Groundwater conservation districts created as provided by this chapter are the state's preferred method of groundwater management through rules developed, adopted, and promulgated by a district in accordance with the provisions of this chapter.

After HB 1 TAGD Members • Worked with TWDB in regard to Management Plan rules. • Developed Management Plans. • Went through a Performance Review by State Auditor. • Worked during the 76 th Legislative Session to amend Chapter 36 - Management Plan vs. Regional Planning and other changes to Ch. 36.

th 77 Legislative Session 1999 • Several TAGD Members worked on the committee that proposed language for amending Chapter 36 included in Senate Bill 2. • During the Session TAGD Members worked to get the changes adopted.

78 th Legislative Session 2001 • TAGD Members worked to keep the proposed changes to Chapter 36 on more of a state-wide basis rather than address local issues or individual GCDs. • TAGD Members worked on legislation designed to outline the various procedures for various district hearings. This legislation failed.

GROUNDWATER CONSERVATION DISTRICTS HAVE BECOME THE WAY TEXAS MANAGES AND REGULATES GROUNDWATER. MOST GCDs ARE MEMBERS OF TEXAS ALLIANCE OF GROUNDWATER DISTRICTS TAGD

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