The Post Oak Savannah Groundwater Conservation District (POSGCD) mission is to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and to protect groundwater users, by adopting and enforcing Rules consistent with state law. The District will accomplish this mission by imposing spacing requirements, regulating production, requiring permits for non-exempt wells and production, establishing limits on water drawdown levels and monitoring groundwater levels and production, making appropriate adjustments to allowable and permitted production, and encouraging conservation.
MANAGEMANET OF GROUNDWATER RESOURCES
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 POSGCD was created in Milam and Burleson counties by HB 1784, 77th Legislature, 2001, and a local confirmation election in November 2002. The purpose of this bill is to provide a locally controlled groundwater district to conserve and preserve groundwater, protect groundwater users, protect and recharge groundwater, prevent pollution or waste of groundwater in the central Carrizo-Wilcox area, control subsidence caused by withdrawal of water from the groundwater reservoirs in that area, and regulate the transport of water out of the boundaries of the districts. The POSGCD has 10 directors, 5 from each county. It does not have the power to tax and receives all of its revenue from fees imposed on municipal/commercial pumpers and transporters of groundwater. 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 is a member of Groundwater Management Area 12 (GMA 12) and Groundwater Management Area 8 (GMA 8), whose areal extents are shown in Figure 1. To help establish desired future conditions for the relevant aquifers within the boundaries of GMA 12 and GMA 8, POSGCD will consider groundwater availability models and other data or information. As part of the joint planning process, POSGCD will establish management goals and objectives that are consistent with the desired future conditions adopted by GMA 8 and GMA 12.