HISTORY OF TEXAS ALLIANCE OF GROUNDWATER DISTRICTS TAGD

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HISTORY OF TEXAS ALLIANCE OF GROUNDWATER
DISTRICTSTAGD

• Texas Groundwater 2004
• November 18 19 2004
• Richard Bowers

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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.

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1952 -1983

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

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1952 -1983 Continued

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

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1952 -1983 Continued

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

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1985

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

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HOUSE BILL 2

• Included major changes in surface water law and
  groundwater law.

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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

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HOUSE BILL 2 Continued

• F. DISTRICT FINANCES
• G. BONDS AND NOTES
• H. TAXES
• I. JUDICAL REVIEW
• J. DISSOLUTION OF DISTRICT

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1987

• 70th 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.

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70th 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.

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70th 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.)

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70th 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,

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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.

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70th 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.

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70th 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.

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70th 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.

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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 3rd Reading in
  the House.

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Between 70th and 71st 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.

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Between 70th and 71st 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.

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

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• 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

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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.

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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

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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!

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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!!

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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

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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

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• 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)

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After the 71st 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,

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We Recognized our Legislators
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72nd 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.

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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

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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.

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A Water Issue Around San Antonio,
TexasSurfacedCALLED

• THE EDWARDS AQUIFER

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73rd 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.

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74th 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.

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75th 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

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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.

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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 76th Legislative Session to
  amend Chapter 36 - Management Plan vs. Regional
  Planning and other changes to Ch. 36.

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77th 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.

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78th 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.

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GROUNDWATER CONSERVATION DISTRICTS HAVE BECOME
THE WAY TEXAS MANAGES AND REGULATESGROUNDWATER.
MOST GCDs ARE MEMBERS OF TEXAS ALLIANCE OF
GROUNDWATER DISTRICTSTAGD
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Questions and/or Comments.