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Old 05-17-2010, 09:55 AM
 
3,438 posts, read 4,455,338 times
Reputation: 3683

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In addition to the Edwards Aquifer Authority (EAA), there are numerous groundwater conservation districts (GCD) which "manage" groundwater in the areas referenced.

County:GCD
Burnet County: Central Texas GCD
Lampassas County: Saratoga UWCD
Bell County: Clearwater UWCD
Hays County: about 1/2 by Hays Trinity Groundwater Conservation District (HTGCD); the other half is in EAA territory.

see: Texas Map of GCDs & EAA (http://www.twdb.state.tx.us/mapping/maps/pdf/gcd_only_8x11.pdf - broken link)

Regarding management by neighboring GCDs:
The HTGCD just had a very contentious election. Curiously, the Austin-American Statesman does not appear to have written a story on it. The election for one incumbent (Backus) board position was very close. Backus lost by a 2 vote margin. After incumbent Backus lost, the incumbent-controlled HTGCD board cancelled the official swearing-in ceremony thus delaying the installation of newly elected board members. Even after re-scheduling to swear in two of the three winners, the incumbent-controlled board threatened to delay swearing in the incumbent's prevailing opponent. You can glean some of the controversy from the attached notice of the re-scheduled ceremony. May_19_2010_Agenda-drc1 daw.pdf

After years of what the incumbent's opponent termed as a "command and control" mentality, residents within HTGCD voted to oust the incumbent board member (Backus).

The incumbent (Backus) originally made his platform mantra the pursuit of "full Chapter 36 powers". At present the HTGCD has Chapter 36 powers (i.e., Texas Water Code Chapter 36) with the following EXCEPTIONS:

a) can't prohibit domestic/exempt wells
b) can't meter domestic wells
c) can't charge production fees on domestic wells
d) can't impose ad valorem tax
e) can't enter property without consent
f) county can overrule decision by Board

Since HTGCD already had Chapter 36 powers except for the above, Backus' mantra was a euphemism for repealing the above statutory limitations on his authority. He also sought:

i) to force existing domestic wells to lose their "exempt" status when the property was sold. The exemption is an exemption from payment of production fees to the district. Loss of the exemption would mean that the purchaser would have to obtain a permit (at the discretion of the district) and pay production fees. The district would not issue a permit if the district allocated the water to another non-exempt entity. This would place a significant amount of real estate under the control of the HTGCD AND any educated party to the transaction would make the transaction contingent upon getting approval from HTGCD for a permit - a lengthy process.

ii) to require existing domestic well owners to pay a transfer fee to the district at the time they sold property having a registered well on it. It's not clear what the logic behind the transfer fee was (i.e., other than "money for nothing") since one could not transfer the exempt status or even the right to use to the purchaser under Backus' plans.

iii) prevent anyone with property within the boundary of a utility company's "Certificate of Convenience and Necessity" from being able to drill a residential well such that they would be forced to purchase water from the utility (these utilities are often groundwater based themselves). This gave utilities a monopoly over ALL water, not just retail water service

iv) enter property at any time without notice, consent, probable cause, or warrant

v) to limit who could be elected to the Board or to limit which HTGCD directors would have authority to vote

Fortunately, Backus' legislation did not make it. Incumbent Backus was exposed prior to the election and had to change his platform one week beforehand. No longer did he mention "full Chapter 36" and he rephrased his ad valorem tax campaign as "giving people a choice".

Funny thing is that prior to this election, when the residents wouldn't support Backus' agenda, Backus sought these power via legislative fiat. When that failed, he tried running against Representative Patrick Rose to pursue his command and control agenda legislatively. When that failed, he sought to merge with neighboring GCDs in order to "water down" the "no" votes of the people in his own district. That likewise failed. Then when he lost the election, the HTGCD board that he sat on decided to delay swearing in the new board members. Even after re-scheduling the date, the HTGCD board threatened to delay swearing in Backus' prevailing opponent. The swearing-in ceremony is now scheduled for May 19, 2010 and residents will just have to see if Backus and his supporters try to disrupt/delay the installation of the new board members - particularly the installation of his opponent.

Some characterized Backus' command, control, and disregard for individual property rights campaign as a campaign to turn the whole district into one giant HOA corp (homeowners association corporation) - with Backus at the helm of course.

Too many of these so-called conservation districts have turned into little more than a retirement plan fiefdom for those elected to the boards. Instead of "conserving" water, they often try to deny property owners access to groundwater while re-allocating the expected use to organizations that will pay fees into the district. HTGCD was pursuing an agenda of higher water consumption rates per unit area - this would not "conserve" water but it would have efficiently move money from the pockets of the homeowners into the district coffers via ad valorem taxes, transfer fees, and production fees.

The many problems with these GCDs are being studied by the House Natural Resources Committee during the interim session (see April 15, 2010 hearing - go to end for stories from homeowners regarding the EAA). This next year is likely to be a very active year for water legislation - especially in view of the Edwards Aquifer Authority v. Day case which is currently awaiting a decision by the Texas Supreme Court.

Last edited by IC_deLight; 05-17-2010 at 10:12 AM.. Reason: clarify Chapter 36 reference
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Old 05-17-2010, 10:51 PM
 
Location: Austin, TX
16,787 posts, read 49,073,910 times
Reputation: 9478
Quote:
Originally Posted by IC_deLight View Post
In addition to the Edwards Aquifer Authority (EAA), there are numerous groundwater conservation districts (GCD) which "manage" groundwater in the areas referenced.

County:GCD
Burnet County: Central Texas GCD
Lampassas County: Saratoga UWCD
Bell County: Clearwater UWCD
Hays County: about 1/2 by Hays Trinity Groundwater Conservation District (HTGCD); the other half is in EAA territory.

see: Texas Map of GCDs & EAA (http://www.twdb.state.tx.us/mapping/maps/pdf/gcd_only_8x11.pdf - broken link)

Regarding management by neighboring GCDs:
The HTGCD just had a very contentious election. Curiously, the Austin-American Statesman does not appear to have written a story on it. The election for one incumbent (Backus) board position was very close. Backus lost by a 2 vote margin. After incumbent Backus lost, the incumbent-controlled HTGCD board cancelled the official swearing-in ceremony thus delaying the installation of newly elected board members. Even after re-scheduling to swear in two of the three winners, the incumbent-controlled board threatened to delay swearing in the incumbent's prevailing opponent. You can glean some of the controversy from the attached notice of the re-scheduled ceremony. Attachment 62962

After years of what the incumbent's opponent termed as a "command and control" mentality, residents within HTGCD voted to oust the incumbent board member (Backus).

The incumbent (Backus) originally made his platform mantra the pursuit of "full Chapter 36 powers". At present the HTGCD has Chapter 36 powers (i.e., Texas Water Code Chapter 36) with the following EXCEPTIONS:

a) can't prohibit domestic/exempt wells
b) can't meter domestic wells
c) can't charge production fees on domestic wells
d) can't impose ad valorem tax
e) can't enter property without consent
f) county can overrule decision by Board

Since HTGCD already had Chapter 36 powers except for the above, Backus' mantra was a euphemism for repealing the above statutory limitations on his authority. He also sought:

i) to force existing domestic wells to lose their "exempt" status when the property was sold. The exemption is an exemption from payment of production fees to the district. Loss of the exemption would mean that the purchaser would have to obtain a permit (at the discretion of the district) and pay production fees. The district would not issue a permit if the district allocated the water to another non-exempt entity. This would place a significant amount of real estate under the control of the HTGCD AND any educated party to the transaction would make the transaction contingent upon getting approval from HTGCD for a permit - a lengthy process.

ii) to require existing domestic well owners to pay a transfer fee to the district at the time they sold property having a registered well on it. It's not clear what the logic behind the transfer fee was (i.e., other than "money for nothing") since one could not transfer the exempt status or even the right to use to the purchaser under Backus' plans.

iii) prevent anyone with property within the boundary of a utility company's "Certificate of Convenience and Necessity" from being able to drill a residential well such that they would be forced to purchase water from the utility (these utilities are often groundwater based themselves). This gave utilities a monopoly over ALL water, not just retail water service

iv) enter property at any time without notice, consent, probable cause, or warrant

v) to limit who could be elected to the Board or to limit which HTGCD directors would have authority to vote

Fortunately, Backus' legislation did not make it. Incumbent Backus was exposed prior to the election and had to change his platform one week beforehand. No longer did he mention "full Chapter 36" and he rephrased his ad valorem tax campaign as "giving people a choice".

Funny thing is that prior to this election, when the residents wouldn't support Backus' agenda, Backus sought these power via legislative fiat. When that failed, he tried running against Representative Patrick Rose to pursue his command and control agenda legislatively. When that failed, he sought to merge with neighboring GCDs in order to "water down" the "no" votes of the people in his own district. That likewise failed. Then when he lost the election, the HTGCD board that he sat on decided to delay swearing in the new board members. Even after re-scheduling the date, the HTGCD board threatened to delay swearing in Backus' prevailing opponent. The swearing-in ceremony is now scheduled for May 19, 2010 and residents will just have to see if Backus and his supporters try to disrupt/delay the installation of the new board members - particularly the installation of his opponent.

Some characterized Backus' command, control, and disregard for individual property rights campaign as a campaign to turn the whole district into one giant HOA corp (homeowners association corporation) - with Backus at the helm of course.

Too many of these so-called conservation districts have turned into little more than a retirement plan fiefdom for those elected to the boards. Instead of "conserving" water, they often try to deny property owners access to groundwater while re-allocating the expected use to organizations that will pay fees into the district. HTGCD was pursuing an agenda of higher water consumption rates per unit area - this would not "conserve" water but it would have efficiently move money from the pockets of the homeowners into the district coffers via ad valorem taxes, transfer fees, and production fees.

The many problems with these GCDs are being studied by the House Natural Resources Committee during the interim session (see April 15, 2010 hearing - go to end for stories from homeowners regarding the EAA). This next year is likely to be a very active year for water legislation - especially in view of the Edwards Aquifer Authority v. Day case which is currently awaiting a decision by the Texas Supreme Court.
Would you please summarize that for us. I'm not sure I get your point.
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Old 05-17-2010, 10:52 PM
 
Location: Austin, TX
16,787 posts, read 49,073,910 times
Reputation: 9478
Quote:
Originally Posted by TexasHorseLady View Post
CptnRon, apparently the City of Georgetown permits department does take it into account. Also, you may be unaware of the requirements that Georgetown established a few years back for development west of I35 that seriously impacted some planned developments for just that reason.

It was in the news, but I suspect that most folks in Austin wouldn't have paid much attention to it since it was in Georgetown. I'll see if I can find something from that time.
That is just a map. I have yet to find any regulations.
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Old 05-17-2010, 10:53 PM
 
Location: Austin, TX
16,787 posts, read 49,073,910 times
Reputation: 9478
Quote:
Originally Posted by oldtoiletsmkgdflrpots View Post
Even Hutto gets some of it's water from the Edwards aquifer. "Superior" rating with water means they meet all the "minimum standards". Hmmm, wonder what the minimum standards are. Does that apply to every drinking source? In other words, I'm wondering if that is the norm as far as standards go. Lot's to learn. Hopefully this thread can get some input from more people "in the know".

Taylor Water - Treatment plant offers residents superior water (http://impactnews.com/georgetown-hutto-taylor/143-local-news/1456-taylor-water-treatment-plant-offers-residents-superior-water - broken link)
I'm pretty sure those standards only apply to the purification of drinking water, not protecting the environment.
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Old 05-18-2010, 03:32 PM
 
3,787 posts, read 7,001,394 times
Reputation: 1761
Quote:
Originally Posted by eepstein View Post
Environmentally sensative area. Are you kidding me?? It's the hillbilly country, not the great rocky mountains. So explain to me how when you goto just about any park area west of Austin in the hillbilly country, it's litered with cig butts and beer cans???


Ugh, that is just sad.
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Old 05-18-2010, 04:16 PM
 
Location: Austin,Tx
1,694 posts, read 3,623,472 times
Reputation: 709
Quote:
Originally Posted by eepstein View Post
Environmentally sensative area. Are you kidding me?? It's the hillbilly country, not the great rocky mountains. So explain to me how when you goto just about any park area west of Austin in the hillbilly country, it's litered with cig butts and beer cans???

Youu might want to brush up on what their talking about since you obviously have no idea.

Edwards Aquifer - Wikipedia, the free encyclopedia
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