Hays-Trinity groundwater legislation: Dead as a door nail, or still breathing?

Here's an interesting factoid that Rose most assuredly knows: The Dripping Springs Water Supply Corporation is now hauling, by tanker truck, 1,000,000 gallons each month to water starved customers

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See the map of the groundwater district in western Hays County and more information on district activities here: haysgroundwater.org


By Bob Ochoa
RoundUp Editor

If recent public hearings in the Texas House and Senate are any indication, it appears a proposed piece of legislation that would throw a small bone of funding assistance to our struggling groundwater conservation district is on life support.

Long story short, HB 4796 (lead sponsor State Rep. Patrick Rose/D-Dripping Springs) was heard Tuesday April 28 by the Natural Resources Committee, and made no headway at all. The bill was summarily tossed back into the committee's rabbit hole. Same result in the Senate Natural Resources Committee for Rose's companion bill, SB 2530 (by Wentworth).

Rose reportedly was spitting mad that the groundwater district's emissaries refused to go along with his bill, much less publicly testify that they would support a $2 surcharge on water utility customers' bills. Behind the scenes – and before the public hearing was called to order – it was framed as a take it or leave it proposition by Rose, 'until hell freezes over!'

So what is it with Rose? Why has he become so hardened against working for a reasonable compromise (going on 6 years now) that will preserve both private property rights and a long term groundwater supply for 20,000-plus well owners in western Hays County?

Lord knows in that 6-year span many in the region have seen their wells dry up. Some have had to unexpectedly cough up $10,000 to $20,000 for deeper wells or alternative supplies. As we speak, many more wells are on the brink – and they WILL go dry as our elected leaders continue to posture and dither over matters that reasonable people should be able to settle. By all rights, these unlucky constituents should be sending their bills to Rose and Wentworth.

Here's another interesting factoid that Rose most assuredly knows about but is apparently not compassionate enough to view with any alarm: The Dripping Springs Water Supply Corporation is now hauling, by tanker truck, about 1,000,000 gallons each month to water starved customers.

The homeboy from Dripping, unfortunately, has his attention focused elsewhere. He knows that if he is to remain politically viable he must maintain his alliances with the powerful remnants of the Take Back Texas movement, the Republican right and real estate crowd. Joe and Jane average home and well owners, meanwhile, are being escorted to the back of the line.

In the current scenario – with a hamstrung groundwater district – no home owner with a well can feel secure that their supply will truly be "CONSERVatively" managed in the outlying years. We all have to remember that the water does not just sit there hundreds of feet below the surface in a magically reappearing pool. Our groundwater is replenished by rainfall and subsurface recharge from many miles around. There are many pipes drawing from the same source. Across the region the water table continues to drop with each new pipe drilled into the ground.

Rose, his political supporters and benefactors, and those clamoring for more authority and funding for the groundwater district are stretching the rope from both ends. Without a compromise bill satisfactory to both sides, we may see the district's long serving, hard working leadership fold up the tent out of sheer exhaustion.

Perhaps for some, the over-arching strategy all along has been to kill our pesky aquifer and its guardians and force everyone on to other sources as water begins to close in on the price of gold. That would not be a good ending.

The RoundUp is hearing that attempts are being made on the side to try to find some common ground. Wimberley council member Bob Flocke is said to be involved. We wish these latecomer compromise attempts well. We do not know yet whether Rose will recover from his fit of wounded vanity and actually hold to his promise that it's His Bill or No Bill. Time's a-wastin'. The current session of the legislature adjourns at midnight, May 31.

Below you'll find the substitute bill offered by the groundwater district to replace Rose's HB 4796. It is an earnest attempt at compromise. Read Rose's bill, here. Compare the two for yourself.

What say we all pitch in, like a good community, and help these folks try to clear the logjam. Looks like they could use a little help with creative thinking from outside the usual circle of characters.

Send your creative ideas to:

Rep. Rose: patrick.rose@house.state.tx.us
Board President Andrew Backus, Hays-Trinity Groundwater Conservation District: aback@austin.rr.com
Jack Hollon, Wimberley representative on the district's board: jhollon37tx@yahoo.com

Bill Analysis
Hays-Trinity Groundwater Conservation District
Proposed Legislation
(Compromise Substitute)

Background and Purpose

The Hays Trinity Groundwater Conservation District (district) works to conserve, preserve, recharge, and prevent the waste of groundwater within western Hays County. The district sits in one of Texas' most depleted aquifer areas and the area has been designated as a Priority Groundwater Management Area by the Texas Commission of Environmental Quality. Current law does not adequately enable the district to carry out its mission.

The purpose of the proposed bill is to update the enabling act for the District and provide the District with the full authority of Chapter 36 of the Texas Water Code. The current law places a number of limits on the District’s authority that hinder their ability to achieve the purposes of the District. The funding is also inadequate to support necessary research and administrative functions for the District. To date the district has functioned largely on the voluntary efforts of licensed professional geoscientists and through non-recurring grant funding. This bill would grant the District full Chapter 36 authority and also augment their funding options.

This bill authorizes the district to enter into contracts, collect information to assist in joint planning efforts with other groundwater conservations districts in the management area of the district, and prepare a budget and conduct an audit in accordance with Chapter 36 of the Water Code. The bill changes the length of terms to be served by the directors from two to four years, allows vacancies to be filled by appointment of the board, provides for the election date for directors to be the uniform election date prescribed by the Election Code, and authorizes the fees of the district to be used to pay administrative and other expenses of the district. Certain provisions which allow the Hays County Commissioners Court to call an election to either affirm or reverse a decision of the directors of the district and to request that the county auditor audit the performance of the district are removed.

Analysis

SECTION 1 Prohibits the district from entering property to inspect exempt wells except to review a proposed well site or during well construction. Requires that the District must provide reasonable notice to property owners or property managers prior to accessing property on District business. With full authority of Chapter 36 the District will have the authority to permit and meter single family residential wells and livestock and poultry wells on less than 10 acres. In recognition that this provision of Chapter 36 will cause some existing well owners to be concerned about this bill, this Section exempts wells that are completed prior to June 1, 2009 from metering and permitting requirements but allows the District to remove that exemption when the well is transferred to a new owner. Prohibits the District from using eminent domain. Limits any property tax imposed by the District to 5 cents per $100 valuation.

SECTION 2 Inserts a new Section 3.03055 to require the district to issue withdrawal permits based on the managed available groundwater established under Section 36.1072, Water Code.

SECTION 3 Changes the Director’s term of office from 2 years to 4 years and removes provisions that only applied during the first years of operation and the prohibition on Director’s fees.

SECTION 4 Removes the requirement to adjust Director district boundaries after each decennial census, but allows the Directors to make such adjustments when necessary. If boundary revision places a sitting Director outside of their original single-member district they are entitled to serve the remainder of their term.

SECTION 5 Changes the elections to the uniform election date in May of each even-numbered year, and allows the Directors to make necessary adjustments to Board membership and single-member districts after adding or subtracting District territory.

SECTION 6 Provides for the transition to four-year Director terms of office.

SECTION 7 Allows the District to charge and collect a $400 (up from $300) well construction fee for all new wells drilled within the District, a $400 new service tap fee for water utility customers connecting to water utilities delivering any groundwater, a $125 well transfer registration fee for transferring an existing well to a new owner, and a $125 new customer fee for water utilities transferring service to a new customer. Removes the provision prohibiting the District from holding a property tax election and from collecting fees authorized by Chapter 36, Water Code.

SECTION 8 Adds Hays Trinity GCD to the list of districts authorized to charge certain production fees in Section 36.205(d), Water Code.

SECTION 9 Repeals provisions of the District’s enabling act that are inconsistent with Chapter 36, Water Code.

SECTION 10 Makes certain legislative findings.

SECTION 11 Sets an immediate effective date if the bill receives the constitutionally required votes; else the effective date will be September 1, 2009.