About Post Oak Savannah Groundwater Conservation District
Background
The Post Oak Savannah Groundwater Conservation District (POSGCD) was first created
in Milam and Burleson counties by an act of the 77th Legislature in 2001 by House Bill
1784. The purpose of this bill was to provide locally controlled groundwater districts to
protect and recharge groundwater and to prevent pollution or waste of groundwater in the
central Carrizo-Wilcox area, to control subsidence caused by withdrawal of water from the
groundwater reservoirs in that area, and to regulate the transport of water out of the
boundaries of the districts. Successful confirmation elections were held in November
2002 in both counties in accordance with Sections 36.017, 36.018, and 36.019, Water
Code, and Section 41.001, Election Code. The POSGCD has 10 directors, 5 from each
county, who are appointed by the County Commissioner's Court. POSGCD does not
have the power to tax and receives all of its revenue from fees paid by
municipal/commercial pumpers and transporters of groundwater.
The Post Oak Savannah Groundwater Conservation District (POSGCD) was first created
in Milam and Burleson counties by an act of the 77th Legislature in 2001 by House Bill
1784. The purpose of this bill was to provide locally controlled groundwater districts to
protect and recharge groundwater and to prevent pollution or waste of groundwater in the
central Carrizo-Wilcox area, to control subsidence caused by withdrawal of water from the
groundwater reservoirs in that area, and to regulate the transport of water out of the
boundaries of the districts. Successful confirmation elections were held in November
2002 in both counties in accordance with Sections 36.017, 36.018, and 36.019, Water
Code, and Section 41.001, Election Code. The POSGCD has 10 directors, 5 from each
county, who are appointed by the County Commissioner's Court. POSGCD does not
have the power to tax and receives all of its revenue from fees paid by
municipal/commercial pumpers and transporters of groundwater.
Management of Groundwater Supplies
The District will manage the supply of groundwater within the District in order to conserve
the resource while seeking to maintain the economic viability of all resource user groups,
public and private. In consideration of the economic and cultural activities
occurring within the District, the District will identify and engage in such activities and
practices, that if implemented would result in a reduction of groundwater use. An
observation network shall be established and maintained in order to monitor changing
storage conditions of groundwater supplies within the District. The District will make a
regular assessment of water supply and groundwater storage conditions and will report
those conditions to the Board and to the public. The District will undertake, as necessary
and co-operate with investigations of the groundwater resources within the District and will
make the results of investigations available to the public upon adoption by the Board.
The District will adopt rules to regulate groundwater withdrawals by means of spacing and
production limits. The District may deny a well construction permit or limit groundwater
withdrawals in accordance with the guidelines stated in the rules of the District. In making
a determination to deny a permit or limit groundwater withdrawals, the District will consider
the public benefit against individual hardship after considering all appropriate testimony.
The relevant factors to be considered in making a determination to deny a permit or limit
groundwater withdrawals will include:
1.) The purpose of the rules of the District
2.) The equitable distribution of the resource
3.) The economic hardship resulting from grant or denial of a permit or the terms
prescribed by the permit
4.) The potential effect the permit may have on aquifer health and sustainability of the
recharge on the aquifer as a whole.
In pursuit of the Districts mission of protecting the resource, the District may require
reduction of groundwater withdrawals to amounts, which will not cause harm to the aquifer.
To achieve this purpose, the District may, at the Boards discretion amend or revoke any
permits after notice and hearing. The determination to seek the amendment or revocation
of a permit by the District will be based on aquifer conditions observed by the District. The
District will enforce the terms and conditions of permits and the rules of the District by
enjoining the permit holder in a court of competent jurisdiction as provided for in Texas
Water Code (TWC) Ch. 36.102.
A contingency plan to cope with the effects of water supply deficits due to climatic or other
conditions will be developed by the District and will be adopted by the Board after notice
and hearing. In developing the contingency plan, the District will consider the economic
effect of conservation measures upon all water resource user groups, the local
implications of the degree and effect of changes in water storage conditions, the unique
hydro geologic conditions of the aquifers within the District and the appropriate conditions
under which to implement the contingency plan.
The District will employ all technical resources at its disposal to evaluate the resources
available within the District and to determine the effectiveness of regulatory or
conservation measures. A public or private user may appeal to the Board for discretion in
enforcement of the provisions of the water supply deficit contingency plan on grounds of
adverse economic hardship or unique local conditions. The exercise of said discretion by
the Board, shall not be construed as limiting the power of the Board.
The District will manage the supply of groundwater within the District in order to conserve
the resource while seeking to maintain the economic viability of all resource user groups,
public and private. In consideration of the economic and cultural activities
occurring within the District, the District will identify and engage in such activities and
practices, that if implemented would result in a reduction of groundwater use. An
observation network shall be established and maintained in order to monitor changing
storage conditions of groundwater supplies within the District. The District will make a
regular assessment of water supply and groundwater storage conditions and will report
those conditions to the Board and to the public. The District will undertake, as necessary
and co-operate with investigations of the groundwater resources within the District and will
make the results of investigations available to the public upon adoption by the Board.
The District will adopt rules to regulate groundwater withdrawals by means of spacing and
production limits. The District may deny a well construction permit or limit groundwater
withdrawals in accordance with the guidelines stated in the rules of the District. In making
a determination to deny a permit or limit groundwater withdrawals, the District will consider
the public benefit against individual hardship after considering all appropriate testimony.
The relevant factors to be considered in making a determination to deny a permit or limit
groundwater withdrawals will include:
1.) The purpose of the rules of the District
2.) The equitable distribution of the resource
3.) The economic hardship resulting from grant or denial of a permit or the terms
prescribed by the permit
4.) The potential effect the permit may have on aquifer health and sustainability of the
recharge on the aquifer as a whole.
In pursuit of the Districts mission of protecting the resource, the District may require
reduction of groundwater withdrawals to amounts, which will not cause harm to the aquifer.
To achieve this purpose, the District may, at the Boards discretion amend or revoke any
permits after notice and hearing. The determination to seek the amendment or revocation
of a permit by the District will be based on aquifer conditions observed by the District. The
District will enforce the terms and conditions of permits and the rules of the District by
enjoining the permit holder in a court of competent jurisdiction as provided for in Texas
Water Code (TWC) Ch. 36.102.
A contingency plan to cope with the effects of water supply deficits due to climatic or other
conditions will be developed by the District and will be adopted by the Board after notice
and hearing. In developing the contingency plan, the District will consider the economic
effect of conservation measures upon all water resource user groups, the local
implications of the degree and effect of changes in water storage conditions, the unique
hydro geologic conditions of the aquifers within the District and the appropriate conditions
under which to implement the contingency plan.
The District will employ all technical resources at its disposal to evaluate the resources
available within the District and to determine the effectiveness of regulatory or
conservation measures. A public or private user may appeal to the Board for discretion in
enforcement of the provisions of the water supply deficit contingency plan on grounds of
adverse economic hardship or unique local conditions. The exercise of said discretion by
the Board, shall not be construed as limiting the power of the Board.
| POSGCD Board of Directors |
| Nathan Ausley, President Dwayne Jekel, Vice President Kerry Starnes, Secretary/Treasurer Jim Hodson Robert C. “Bob” Ware Jay Widler Jay Tumlinson Lee Alford, III Andy Hovorak Carroll Glaser |
About Post Oak Savannah Groundwater Conservation District
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