TWCA 2016 Mid-Year Conference

1. Desired Future Condition Update
Texas Water Conservation Association
Mid-Year Conference
June 16, 2016
Larry French, P.G.
Director, Groundwater Division
Texas Water Development Board
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2. The following presentation is based upon
professional research and analysis within
the scope of the Texas Water Development
Board’s statutory responsibilities and
priorities but, unless specifically noted,
does not necessarily reflect official Board
positions or decisions.

3. Groundwater Management Areas
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5. Desired Future Condition
• The desired, quantified condition of groundwater
resources (such as water levels, water quality,
spring flows, or volumes) at a specified time or
times in the future or in perpetuity.
• For “relevant” aquifers
• Broad Policy Goal
– Drawdown (most)
– Spring flow (a few)
– Storage volumes (High Plains)
• Updated at least every 5 years (due in 2016)

6. What is Groundwater Availability?
SciencePolicy
Groundwater
Availability
GAM
or other
tool
Desired
Future
Conditions
Modeled
Available
Groundwater
Goal: informed decisions

7. Joint Planning for Groundwater Management
District reps
propose
DFCs
Districts
hold public
hearings
District reps
adopt DFCs
Districts
adopt their
DFCs

8. What’s new or different since 2010?
• Groundwater conditions are dynamic
• Explanatory report required
• Reduced TWDB technical support to GMAs
• New groundwater availability models
• TERS – total estimated recoverable storage
• Petition process changes (HB 200)
• Recommendations in 2017 State Water Plan
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9. 2014 Groundwater Pumping Estimates
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Groundwater pumped from
counties with a groundwater
conservation district – 7.8M ac-ft
Groundwater pumped from
counties without a
groundwater conservation

10. Groundwater Level Changes 2010-2015
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11. Explanatory Report documents how
district representatives considered
the following factors:
 Uses and conditions
 State water plan
 Hydrologic conditions
 Environmental impacts
 Land subsidence
 Socioeconomics
 Property rights
 Feasibility
 Anything else

12. Plus, the balancing test:
• Highest practicable
level of groundwater
production
• Conservation
• Preservation
• Protection
• Recharging
• Prevention of waste
• Control of subsidence
production
conservation
and friends

13. GMAs with new groundwater
availability models
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14. Total Estimated Recoverable Storage
• Between 25 and 75 percent of groundwater held
within an aquifer can be removed by pumping
• Major and minor aquifer boundaries
• No consideration of water quality
• No consideration for effects of pumping
– Land surface subsidence
– Degradation of water quality
– Changes to surface water-groundwater interaction

15. Desired Future Conditions: Appeals Process
Affected
person
appeals
desired
future
condition
•Within 120 days after district adopts
desired future condition
•Must deposit funds with district to
pay for SOAH contract
District receives
petition,
submits copy to
TWDB
•TWDB conducts administrative review
•TWDB conducts technical analysis of desired future
condition
•Submits report to SOAH within 120 days
District may
pursue
mediation
•Center for Public Policy Dispute Resolution
•TWDB
•Other
District
contracts with
SOAH to
conduct
hearing
•Prehearing
conference
Hearing - SOAH
issues findings
of fact and
conclusions of
law
•TWDB staff may be called
as expert witness
•May dismiss petition
•May find desired future
condition unreasonable
Petitioner
District
State Office of Administrative Hearings (SOAH)

16. Desired Future Conditions: Appeals Process (2)
Hearing - SOAH
issues findings of
fact and conclusions
of law
•TWDB staff may be called as expert witness
•SOAH may dismiss petition
•SOAH may find desired future condition unreasonable
District
issues final
order
•If district vacates or modifies SOAH finding, it shall issue a report
•If district agrees desired future condition is unreasonable, joint
planning meeting will be reconvened to revise it
Petitioner may appeal
to a district court
•Case decided under substantial
evidence standard of review
•If desired future condition
unreasonable, then districts in GMA
adopt new desired future conditionPetitioner
District
State Office of Administrative Hearings (SOAH)

17. Next statutory deadline for desired
future conditions
District representatives in GMAs to propose
desired future conditions by September 1, 2020.
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18. TWDB Recommendation in 2017
State Water Plan
“The legislature should require that the next set of
desired future conditions be adopted collectively
by the district representatives of each
groundwater management area by January 5,
2022, and every five years thereafter and require
that the regional water plans under development
as of that same date be consistent with those
adopted desired future conditions in effect on that
date.”
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19. Status of desired future conditions
• District representatives in all GMAs proposed
desired future conditions by May 1, 2016.
• Individual districts are holding hearings and
receiving input on proposed desired future
conditions.
• District representatives in 3 GMAs have voted
to adopt desired future conditions.
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20. GMAs with adopted desired future
conditions
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21. Desired future conditions facts
• Aquifer with most (proposed) DFCs :
Glen Rose - 35 DFCs (subdivision of Trinity Aquifer
in GMA 8)
• GMA with most (proposed) DFCs:
GMA 8 – 195
• Total number of proposed and adopted DFCs (as of
June 1):
nearly 500
• Which GMA has no proposed DFCs?
GMA 5
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22. Thank you!
Larry French, P.G.
larry.french@twdb.texas.gov
512-463-5067
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