The cost of water will probably increase soon for many county residents because of the state’s plan to create groundwater conservation districts. Johnson County has not joined a district, but it’s just a matter of time — the state has required it. Affected counties must either voluntarily join a district or be placed in one by the Texas Commission on Environmental Quality. The deadline to form a district is in 2009. Groundwater conservation districts, also known as GCDs, primarily receive financing from one of two methods. Residents pay a property tax, which must be approved by voters, or well-production fees — a use-based approach. Use fees usually kick in when a well owner pumps more than 25,000 gallons per day.

A GCD is a local governmental unit authorized by the Legislature and ratified by voters of the commissioners courts of the participating counties to manage and protect groundwater. In many parts of the state, more groundwater is being used because of growth and development than is being replenished through natural means. Districts may comprise one or more counties. GCDs are based on county lines and generally don’t cover an aquifer because aquifers are based on geological formations, not political boundaries. An aquifer may be managed by several GCDs.

Of all the water Texans use, about 60 percent is groundwater and 40 percent surface water, according to “Groundwater Conservation Districts in Texas,” a publication of the Texas Cooperative Extension. GCDs do not control the use of surface water. Agricultural needs form the bulk of groundwater use although several cities, such as Amarillo, El Paso and San Antonio, use it to supply everyday water.

Cleburne, on the other hand, derives less than 5 percent of it’s water from groundwater, Public Works Director Russell Schreiber estimated. In addition to Lake Pat Cleburne and Lake Aquilla, the city uses seven water wells, he said. The wells usually only pump more than 25,000 per day during summer, Russell said.

Burleson’s water comes from Fort Worth, which only uses surface water, said David Smith, Burleson assistant director of public works. Joshua receives water from the Johnson County Special Utilities District, which uses about 70 percent surface water and 30 percent well, or groundwater. Keene likewise uses a combination of surface and groundwater. Alvarado, Godley, Grandview and Rio Vista rely solely on groundwater.

GCDs work to responsibly protect water resources while protecting the rights of private landowners. They do so by working to prevent waste, preventing irreparable harm to aquifers, collecting data and educating people on water conservation.



Who is affected?

Under the use-based option, those owning water wells that pump more than 25,000 gallons per day are affected. Municipalities in GCDs are generally included, even though the Texas Water Code is not clear on the question.

Exemptions are given for wells used solely for domestic needs, livestock and poultry on a tract of land larger than 10 acres and that can’t produce more than 25,000 gallons per day, according to the Texas Water Code. Certain wells producing more than 25,000 gallons may also be exempt based on the rules of specific GCDs. More importantly, for many, is that water wells drilled for oil and gas exploration are exempt. But the amount of water energy companies use will be monitored.



Creating GCDs

Several methods exist to create GCDs. Property owners can petition for one from TCEQ, or the TCEQ can create one. Another method involves special legislation introduced by a local state senator or representative.

GCDs funded by property taxes require voter approval. Those funded by use fees require ratification from the commissioners courts of the counties affected. Once created, GCDs are governed by a board of directors chosen from the participating counties.

Johnson County commissioners addressed the situation in a February meeting attended by State Rep. Rob Orr, R-Burleson, and State Rep. Charlie Geren, R-Fort Worth. The idea at the time was for Johnson to possibly join Tarrant and other counties to form a GCD. Johnson County commissioners made no decision, and Tarrant County subsequently became a stand-alone GCD. Geren said he remains amenable to joining other counties in a district, though he added that that decision would be the prerogative of the Tarrant County GCD’s board of directors and would also require new legislation.

“I don’t really think there are benefits to going alone,” Geren said. “I’d prefer [having a GCD] to manage the entire or most of the aquifer instead of just what’s beneath us.”

Johnson County Judge Roger Harmon said he and representatives from Hill, Bosque and McLennan counties, met with State Sen. Kip Averitt, R-McGregor, who agreed to sponsor legislation in the next session creating a GCD, which would include Johnson County. Averitt represents Johnson County and Central Texas counties.

County commissioners have expressed reservations over the need for and usefulness of GCDs.

“I mean I’m all for conservation, and I guess the state is going to do whatever it wants to do, but I just hate to see controls forced on people, and this is going to be forced on everyone one way or the other,” Commissioner R.C. McFall said.

Harmon agreed.

“The state’s put everyone on notice that if we don’t get together and form these, they’re going to do it for us,” Harmon said.

That’s all the more reason to work toward forming one, Commissioner Don Beeson said.

“Since it’s mandated that we do something, I personally would like to see us form one before the state does it for us so that we have a little more input and control,” Beeson said.

All three said they prefer the multi- over the single-county model, something Averitt is also pushing. They also said they would rather Johnson County join smaller or similar-sized counties to form the district. All three said they hope to finalize plans to form a district within the next year.

Johnson County commissioners said any GCD Johnson County joins would have to be use-based, as opposed to supported by property taxes.

“I’ll tell you right quick — I certainly don’t want to put any tax burden on our people to fund a water district,” McFall said.

Commissioners called the exemption for oil and gas companies unfair.

“My biggest heartburn in this whole thing is that individuals and individual businesses can be regulated but not the oil and gas companies,” McFall said. “I just don’t see that.”

Commissioner John Matthews, in the February meeting, said it was good the GCD would monitor water use by oil and gas companies, but said he still had a problem with them being exempt.

“We already have an uproar caused by citizens concerned over trucks tearing the roads up and pipelines,” Matthews said. “Now here’s another concern in the side of guys who have small ranching concerns and are going to be regulated by this.”

Harmon said Johnson County will work toward forming a GCD because it has no choice.

“But it needs to be fair,” Harmon said. “So we’re going to continue to lobby the Legislature to make the oil and gas industry be regulated like everyone else.”