Harris-Galveston Coastal Subsidence District Jace A. Houston Groundwater District Survey and Summary of Regulatory Methods Texas Groundwater 2004 November 18-19, 2004
The Role of Groundwater Districts in Texas Judicial doctrines: Reasonable use Correlative rights Restatement 2d of Torts Rule of capture Legislative methods: Local, regional or state- wide administration Wide variety Any combination of doctrines or methods Rule of capture..... plus..... local groundwater districts. 1. How does Texas regulate (manage) groundwater?
“Regulatory Options and Considerations for GCDs” 1. The Decision-Making Process - How should science factor into the district’s decisions? - What is the district’s goal for the aquifer? - What factors influence the district’s goals? - Which regulatory method best meets the district’s goals? - What legal standard governs district decisions? 2. Overview of Regulatory Methods - What regulatory options are available to districts? - What factors determine which methods are appropriate? 3. Gulf Coast Aquifer Examples
Traditional Categories of Regulatory Methodologies Reasonable Use Reasonable Use Prior Appropriation Prior Appropriation Correlative Rights Correlative Rights Rule of Capture Rule of Capture
Jace’s Categories of Regulatory Methodologies No spacing or production limits No spacing or production limits Spacing Spacing PLs based on acreage or tract size PLs based on acreage or tract size PLs based on proportionate reduction PLs based on proportionate reduction PLs based on “first in time, first in right” PLs based on “first in time, first in right” PLs based on historical use (& grandfathering) PLs based on historical use (& grandfathering) PLs based on rate of withdrawal PLs based on rate of withdrawal PLs based on preventing well interference or unreasonable drawdown PLs based on preventing well interference or unreasonable drawdown
Aquifer Confining Layer Clay Water Line
Aquifer Confining Layer Clay Water Line
Aquifer Clay Water Line Bad Water Line
Aquifer Confining Layer Water Line
Chicot Aquifer Evangeline Aquifer Beaumont Clay Burkeville Clay