TWCA Groundwater Committee Update 3/7/2014

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Information about TWCA Groundwater Committee Update 3/7/2014
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Published on March 17, 2014

Author: texasnetwork

Source: slideshare.net

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Presented by Co-Chairs: Brian L. Sledge, Attorney at Law, Sledge Fancher, PLLC Hope Wells, General Counsel, San Antonio Water System at TWCA Annual Conference

TWCA Groundwater Committee Update TWCA Annual Conference March 7, 2014 Presented by Co-Chairs: Brian L. Sledge, Attorney at Law, Sledge Fancher, PLLC Hope Wells, General Counsel, San Antonio Water System

Committee Makeup and Procedures • Large and diverse stakeholders group • 2010 Committee Lessons • Consensus decision-making • Issues Being Tackled • Subcommittee organization

Issues Being Tackled • GCD Permitting: Renewals, Amendments, Rules Consistency • Brackish Groundwater Regulation • Aquifer Storage and Recovery

Issues Being Tackled • Oil and Gas Permitting Exemptions • TDLR Water Well Driller Regulation • Contested Case Hearings and Administrative Procedures

Issues Being Tackled • Appeals of DFCs • TDLR Water Well Driller Regulation • Contested Case Hearings and Administrative Procedures

Issues Being Tackled • Nonsubstantive Chapter 36 Cleanup • 36.121 Cleanup • Impacts of MAGs on Permitting and Regional and State Water Planning

Issues Being Tackled • Support funding for TWDB programs • Review / abolish SAO process in Chapter 36 • Impacts of MAGs on Permitting and Regional and State Water Planning

GCD Permitting: Renewals and Amendments • Permittees looking for longer permits or more certainty in permit renewals • GCDs want to be able to achieve DFCs and cutback when necessary • House Bill 1796 (2013) as template • Possible changes to 36.122

Brackish Groundwater Regulation • Goal to encourage use of brackish, and protect freshwater supplies and management efforts • Brackish production zone designation in brackish areas only • Petition to GCD (or GCD-initiated) • Petitioner bears burden of proof

Brackish Groundwater Regulation • De minimis impacts; mitigation • Appeal to TWDB Executive Administrator • Further appeal to full TWDB board • Automatic referral to SOAH for first contested case hearing • PFD to TWDB board for decision

Brackish Groundwater Regulation • If zone is designated, permit for length of project financing, not to exceed 30 years • Monitoring well requirement to measure actual versus modeled impacts • Cutbacks or mitigation only as necessary to limit impacts

Brackish Groundwater Regulation • Permit application to GCD consistent with petition/ findings in zone designation • No CCH—appeal to district court

Questions? Thank you for staying! bsledge@sledgelaw.com hope.wells@saws.org

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