1. TCEQ – PGMA Program &
Plan Performance Review
TEXAS ALLIANCE OF GROUNDWATER DISTRICTS
TEXAS GROUNDWATER SUMMIT
- GROUNDWATER MANAGEMENT PRACTICES -
AUGUST 29, 2012

2. OVERVIEW
Priority Groundwater Management Areas
• Old PGMAs
• New PGMAs
• Future PGMAs
Management Plans & Performance Review
• TCEQ Role
• Plan & Petition Triggers
• Process

3. PGMA?
Priority
Groundwater
Management
Area
An area of the state designated and
delineated by the TCEQ that is experiencing,
or expected to experience within the next 50
years, critical groundwater problems

4. PGMA?
What are critical groundwater problems?
• Shortages of surface or groundwater
• Land subsidence resulting from
groundwater withdrawal
• Contamination of groundwater supplies

5. PGMA?
What is the purpose of designating a PGMA?
• To assure that a groundwater conservation
district is established to manage the
aquifer or aquifers and to conserve,
preserve, protect, and prevent waste of
groundwater

6. Old PGMAs
1990 1997 2001
Designated Renamed & Mandates
as Critical Designated for TCEQ
Areas as PGMAs

7. Old PGMAs
1990 1997 2001
Designated Renamed & Mandates
as Critical Designated for TCEQ
Areas as PGMAs
2002 2008 2011 2012
TCEQ 1st test PGMA TCEQ
rules of TCEQ statute rules
adopted rules amended amended

8. Old PGMAs
GCD Creation Process
Executive
Director’s (ED)
GCD report and
recommendation
developed &
filed with TCEQ
Possible
Recommendations
• create new GCD(s)
• add PGMA to GCD(s)

9. Old PGMAs
GCD Creation Process
Contested case
Executive
hearing and
Director’s (ED)
State Office of
GCD report and
Administrative
recommendation
Hearings
developed &
Proposal for
filed with TCEQ
Decision
Possible
Recommendations
• create new GCD(s)
• add PGMA to GCD(s)

10. Old PGMAs
GCD Creation Process
Contested case
Executive TCEQ
hearing and
Director’s (ED) Agenda
State Office of
GCD report and Hearing
Administrative
recommendation and
Hearings
developed & TCEQ
Proposal for
filed with TCEQ Order
Decision
Possible
Recommendations
• create new GCD(s)
• add PGMA to GCD(s)

11. Old PGMAs
Post-TCEQ Order
Commissioners
Court(s) Temporary
New Directors
GCD? appoint
Temporary take
Directors control
GCD Nay? – Back to
Add to board TCEQ for
additional action
Existing votes within one year;
GCD? yeah no additional
or nay hearing required

12. New PGMAs
Designation & GCD Creation Process
Notice of new Requests to
ID & initiate
study to TWDB,
new studies
stakeholders TPWD, TDA

13. New PGMAs
Designation & GCD Creation Process
Notice of new Requests to
ID & initiate
study to TWDB,
new studies
stakeholders TPWD, TDA
ED report & Contested
recommendations case
Agency
PGMA? hearing
reports &
and
info back Create GCD(s)? Proposal
to ED
Add to existing for
GCDs? Decision

14. New PGMAs
Designation & GCD Creation Process
Notice of new Requests to
ID & initiate
study to TWDB,
new studies
stakeholders TPWD, TDA
ED report & Contested
recommendations case
Agency
PGMA? hearing
reports &
and
info back Create GCD(s)? proposal
to ED
Add to existing for
GCDs? decision
TCEQ Agenda Hearing and TCEQ Order

15. New PGMAs
Post-TCEQ Order
< 2 years – landowners may
create new or join existing
GCDs through legislative or
New petition processes
GCD?
> 120 day < 2 years - TCEQ
TAES* shall create one or more
Educational new GCDs
Outreach
Add to < 120 days – GCD board
existing votes yeah or nay. If nay,
GCD? back to TCEQ for additional
action within one year
TAES = Texas AgriLife Extension Service

16. Future PGMAs
Data
• Gray / Blue / White Areas
• Modeled Available Groundwater
• 2011 Regional Water Plans/2012 State Water Plan
• Unique 2011-2012 data snapshot
Timing & Schedule
• FY 2013 – identify & prioritize likely areas
• FY 2014 – Start new studies
• 45-day stakeholder comment period
• 180-days for TWDB & TPWD studies/reports
• 90-days for ED-TCEQ report & recs.

22. GCD Management Plans
TCEQ Role
Respond if GCD management plans are
not adopted and/or readopted on time
Respond if GCD is not operational as
determined by the State Auditor’s Office
Respond to Petitions for Inquiry

23. GCD Management Plans
Triggers – For Executive Director to initiate
TCEQ Performance Review
GCD does not adopt initial plan by the 3 year
statutory deadline
GCD does not readopt plan by the 5 year
statutory deadline
EA-TWDB* does not approve plan or readopted
plan and GCD does not resolve within 180 days
EA-TWDB does not approve plan or readopted
plan and all GCD appeals to TWDB final
SAO finds GCD not operational
* EA-TWDB = Executive Administrator of the TWDB

24. GCD Management Plans
Triggers – Petition for TCEQ Inquiry
GCD does not:
1. submit plan to EA-TWDB
2. participate in joint planning
3. adopt rules
4. adopt DFC by resolution
5. update plan within 2 years of new DFCs
6. update rules within 1 year of new plan (#5)
7. adopt rules designed to achieve the DFCs
8. adequately protect groundwater by its rules
9. adequately protect groundwater by enforcing
substantial compliance with its rules

25. GCD Management Plans
Performance Review – Initiated by ED
ED ED submits
ED notifies
investigates compliance
GCD and
the facts and agreement
attempts to
circumstances (CA) to
resolve
of violation GCD

26. GCD Management Plans
Performance Review – Initiated by ED
ED ED submits
ED notifies
investigates compliance
GCD and
the facts and agreement
attempts to
circumstances (CA) to
resolve
of violation GCD
Compliance Agreement
• Identifies the violation
• Outlines GCD actions
• Provides schedule for compliance
• GCD – 30 days to amend / 60 days to enter
• Terms met? ED notifies GCD İNo Mas! TCEQ

27. GCD Management Plans
Performance Review – Petition for Inquiry
Petitioner
files copies GCDs
Affected
of Petition provided
Person files
with GCDs opportunity
Petition
in and to file
with TCEQ
adjacent to responses
GMA

28. GCD Management Plans
Performance Review – Petition for Inquiry
Dismiss?
TCEQ or Review Panel
Petition Report and
Review Appoint Five- Recommendations
Member
90 days Review 120 days
Panel?
TCEQ
Action
45 days

29. GCD Management Plans
TCEQ Enforcement Action
Required When:
• GCD is unable to resolve violation
• Review Panel makes recommendation
Authorized TCEQ Actions:
• Order GCD to take or refrain from certain actions
• Dissolve the board
• Request Attorney General bring suit for
appointment of receiver
• Dissolve the district
• Recommend action to Legislature

30. Summary
Old PGMAs
• FY 2013 until done – work to establish GCDs
• Comal & Travis, Midland & Upton, Briscoe
New PGMAs
• FY 2013 – review data, identify areas & prioritize
• FY 2014 – start new studies
Performance Review
• Management plan adoption, readoption & SAO
• Petition for TCEQ Inquiry → review panel

31. Kelly Mills, P.G.
Texas Commission on
Environmental Quality
Telephone:
(512) 239-4512
FAX:
(512) 239-4450
E-mail:
Kelly.Mills@tceq.texas.gov