What Oklahoma Can Learn From Texas’ Water Management Strategies

1. What Oklahoma Can Learn From Texas’ Water Management Strategies Aaron Mittelstet and M. D. Smolen Oklahoma State University April 11, 2007

2. Purpose of Presentation Comparison of OK, TX • Surface, groundwater allocation • Texas Groundwater Conservation Districts (GCD) • Panhandle GCD • What OK can learn from TX

3. Comments of Oklahomans* “We should get information about how other states are handling the same problems we face.” “Water law needs to recognize the interconnection between ground and surface water.” “…(groundwater) is a private property right, and as the owners we feel water is ours to use as we see fit.” – in other words, keep them separate. *from OWRRI water plan input sessions database

4. More Comments “I am concerned the metropolitan areas will get priority over agriculture use of water.” “Public municipalities should have priority on stream and groundwater.” “The water plan should take into account regional differences, especially regarding aquifers and watersheds to consider the different needs of each area.”

5. Who manages allocation of water rights? • Oklahoma Water Resource Board (OWRB) • Texas Commission on Environmental Quality (TCEQ)

6. Average Annual Precipitation

7. Percent of Area in Surface Water 2.09 1.76 1.88 0.2 Statistical Abstract of the United States, 2007.

8. Surface Water Allocations (similarities TX and OK) • Publicly owned • Hybrid system of appropriation • No permit required for domestic users • During water shortage priority is: • domestic users • Permit holders by date

9. Some Differences • In Texas preference is given: • domestic and municipal • agriculture and industry • mining • hydroelectric power • navigation • recreation • In Oklahoma no preference given • If the water is not put to beneficial use, the right to the water is lost after seven years in OK and ten years in TX • TX law recognizes the interaction between surface and ground water, while OK does not

10. TX Watermasters Appointed by the TCEQ to oversee river conditions and pumping volumes Has the authority to lock up pumps Allocates flow during water shortages Permit holders pay a base and usage fee

11. Ground Water - OK • no permit required for domestic users • If no study done, temporary permits issued-permitted to withdrawal two acre-ft per acre-ft of land overlying basin • If a study has been done, regular permit issued- permitted to withdraw slightly more or less based on a minimum basin life of 20 years

12. Ground Water TX Rule of capture- • One may withdraw all of the water they need • The deepest wells and biggest pumps get the most water • Very few limitations Rule of Capture may be overruled by a Groundwater Conservation District

13. Development of Ground Water Conservation Districts • TX courts have applied the “rule of capture”, but have also recognized the authority of the Texas Constitution to preserve and protect natural resources • Led to Texas’ preferred method of ground water management, the development of ground water conservation districts or GCD’s

15. GCD Management Plans Each GCD is required to develop and implement a management plan The Texas Water Development Board (TWDB) may provide assistance Plan must be approved by the TWDB

16. Goals Included in a Plan Most efficient use of groundwater Controlling and preventing subsidence Natural resource issues and drought conditions Water Conservation Ground water recharge Desired future aquifer conditions

17. Management Plan New district must submit plan within three years and all districts must resubmit their plan every five years One year after TWDB approves plan, the State Auditor’s Office (SAO) reviews the plan and every seven years thereafter Determines if the GCD is achieving the goals of it’s plan TCEQ is responsible for non-compliance enforcement

18. Groundwater Management Areas GMA-an area suitable for the management of groundwater resources 16 GMAs delineated by the TWDB based on aquifers and other hydrological boundaries

19. Groundwater Management Areas

20. Formation of a GCD Through special legislation Petition by landowners Initiation by the TCEQ Addition of territory to an additional district

21. Panhandle Groundwater Conservation District

22. Aquifers in Panhandle GCD AquiferStorage Recharge (acre ft) (acre-ft/yr) Ogallala 77,000,000 181,450 Dockum 168,000   300 Blaine 140,000   14,241 Seymour 159,000   3,987 Whitehorse 75,000   9,000 District Total  77,542,000 208,978

23. Groundwater Demand 2000 - 204,262 acre-ft Estimated use in 2050 - 389,985 acre-ft. 50% of total – 38,771,000 acre-ft Total estimated use at 295,000 acre-ft/yr by 2048 - 14,750,000 acre-ft.

24. Panhandle GCD Management Plan Overall management standard is to have 50% of current supplies available in 50 years (by 2048) Will be accomplished using the District’s depletion rules May amend rules to regulate ground water by means of spacing, depletion and production limits to accomplish goal

25. Goals Goal 1- Retain 50% of current supplies, in 50 yrs. Implement Strategies Goal 2 – that will provide most efficient ground water use Goal 3 – that will control and prevent ground water waste Goal 4 – to address drought conditions Goal 5 – to address conjunctive surface water management issues

26. Goals continued Goal 6 – Implement strategies that will address natural resource issues which impact the use of ground water Goal 7 - Improve operating efficiency and customer service Goal 8 - Operate a rainfall enhancement program Goal 9 - Control and prevention of subsidence

27. Rules and Regulations for Panhandle GCD • Minimum well spacing - depends on size of the pump (inside diameter of column pipe) • 6-inch – 300 yards • 14-inch or larger – 1250 yards • Production of wells – no more than one acre-ft per acre-ft of water rights • Flow meter – required on all new wells with a 4 inch or larger column pipe diameter

28. Depletion and Production Management 50/50 Standard District divided into 13 management sub-areas Acceptable decline rate is 1.25% (2004) (reevaluated every five years) Study Area – a sub-area that exceeds the acceptable decline rate

29. Conservation Area - study area designated conservation area if the acceptable decline rate is exceeded for two yrs. Metering devices required on all wells that pump 25,000 gallons per day or more Production limits Moratorium on any new wells Monitoring of all wells in the area

30. Conclusion Questions or Comments