Transcript Comparing Water Rights in Arkansas, Oklahoma, Texas and

What Oklahoma Can Learn
From Texas’ Water
Management Strategies
Aaron Mittelstet and M. D. Smolen
Oklahoma State University
April 11, 2007
Purpose of Presentation
Comparison of OK, TX
 Surface, groundwater allocation

Texas Groundwater Conservation Districts
(GCD)

Panhandle GCD

What OK can learn from TX
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
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.”
Who manages allocation of water
rights?

Oklahoma Water Resource Board (OWRB)

Texas Commission on Environmental Quality
(TCEQ)
Average Annual Precipitation
Percent of Area in Surface Water
2.5
2.09
1.76
1.88
2
1.5
1
0.5
0.2
0
Arkansas
Oklahoma
Texas
Statistical Abstract of the United States, 2007.
New Mexico
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


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
TX Watermasters
Appointed
by the TCEQ to oversee river
conditions and pumping volumes
Has
the authority to lock up pumps
Allocates
Permit
flow during water shortages
holders pay a base and usage fee
Ground Water - OK

no permit required for domestic users

If no study done, temporary permits issuedpermitted to withdrawal two acre-ft per acre-ft of
land overlying basin

If a study has been done, regular permit issuedpermitted to withdraw slightly more or less based
on a minimum basin life of 20 years
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
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
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
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
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
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
Groundwater Management Areas
Formation of a GCD
Through
Petition
special legislation
by landowners
Initiation
by the TCEQ
Addition
of territory to an additional
district
Panhandle Groundwater
Conservation District
Aquifers in Panhandle GCD
Aquifer
Storage
(acre ft)
Ogallala
77,000,000
Dockum
168,000
Blaine
140,000
Seymour
159,000
Whitehorse
75,000
District Total 77,542,000
Recharge
(acre-ft/yr)
181,450
300
14,241
3,987
9,000
208,978
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.
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
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
Goals continued
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
Goal
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
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
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
Monitoring
on any new wells
of all wells in the area
Conclusion
Questions or
Comments