COMMONLY ASKED QUESTIONS
Question: Why do the citizens of Jasper and Newton counties need a
Groundwater Conservation District?
Answer: A water shortage is developing in Texas, especially in large cities. By law, the
State’s preferred way to manage groundwater is by the creation of local groundwater
conservation districts. Without these districts, the Texas Supreme Court has ruled that one
person may drill large wells on his land and do with the water as he pleases, even if in so
doing he denies his neighbor the use of the water previously under his property.
Question: How will a groundwater conservation district conserve and protect the
water underneath my land?
Answer: The main function of the groundwater conservation district for Jasper and Newton
counties will be to monitor the water level underneath the two counties and be sure that any
future removal of water, especially for export, does not endanger the availability of water for
our own citizens.
Question: How will the district be funded?
Answer: Industries, cities, rural water utilities and other non-exempt users will pay a
maximum of one cent ($0.01) per 1,000 gallons of water pumped each year. The average
property owner uses between 5,000 and 7,000 gallons per month. (That translates to a
monthly cost of 5 to 7 cents per property owner.) Industries will pay approximately 75% of
the monies received by the district. Wells, incapable of producing 25,000 gallons per day,
used for domestic, farm and livestock purposes, will pay nothing as these wells WILL
NOT BE METERED.
Question: Will the district have the authority to levy taxes, condemn property or go
into the water selling business?
Answer: No
Question: How was the process that created the district started, how will it be
governed and what remains to be done before the district becomes final?
Answer: State elected officials and the statewide Association of County Judges and
Commissioners recommend the creation of groundwater districts. The commissioners courts
of Jasper and Newton counties researched the matter and unanimously proposed legislation
that would create a district similar to one that is already operating in Nacogdoches and
Angelina counties. The legislature passed SB 1888 in 2003 as recommended by the two
counties. The district is managed by seven appointed directors who serve three-year terms.
The cities of Jasper and Newton each appoint one director to represent large municipal user
interest. Jasper County Commissioners Count appoints two directors – one represents large
industrial users, and one represents the interest of small municipal and rural water district
interest. Newton County Commissioners Court appoints two directors – one represents small
municipal and rural water district interest, and one represents forest and agriculture water
user interest. The commissioners courts of both counties jointly appoint one director to
represent the forestry, agricultural and landowner groundwater supply interest in both
counties. The final step is for citizens of the two counties to vote to confirm creation of the
Southeast Texas Groundwater Conservation District in the general election on November 2,
2004.
Question: Is there another way to create a groundwater conservation district?
Answer: Yes. The Texas Commission on Environmental Quality (TCEQ) can be requested
to create a district. TCEQ would hold hearings. Districts established under this process have
all powers available under Chapter 36 of the Texas Water Code. This includes the right to
tax all property owners, condemn property, buy and sell water, set a user fee far in excess of
one cent per 1,000 gallons and be governed by an elected board. Also, a person must own
at least 10 acres of land before they qualify for a homeowner exemption of their domestic use
wells.
Question: What happens if voters in one county approve creation of the district and
voters in the other county reject it?
Answer: The district will be in effect only in the county where voters approved it.
Question: What happens if both counties reject the district and no one requests TCEQ
to establish one?
Answer: Possibly nothing in the very short term. However, as part of the statewide water
management plan, Texas Water Development Board (TWDB) in 2001 was required by law to
establish groundwater management areas (GMAs) covering all Texas’ aquifers by
September 1, 2003. Jasper and Newton counties are in map area 14, which also includes
Galveston, Harris and Montgomery counties. By September 1, 2005, TCEQ is required by
law to identify which of the map areas should be classified as priority groundwater
management areas (PGMAs). The criteria for designating a PGMA are water shortage,
contamination and subsidence (land sinking). All three conditions currently exist in map area
14. TCEQ at this time cannot tell the people of Jasper and Newton when in the priority
establishment process they will begin any action on GMA 14. Neither can they tell you for
sure that all counties in the map area will not be subjected to uniform rules. What is known
for sure is that by law, TCEQ is required to work through local groundwater conservations if
they exist. If no local conservation district exist in any part of a PGMA and TCEQ determines
there is need for control, the area in question will either be assigned to an existing
groundwater district or TCEQ will create one for them under Chapter 36 of the Water Code.
Question: What are other areas of the state doing about creating districts?
Answer: Rapidly developing water shortages, especially in cities, and a Texas Supreme
Court ruling in 1999 have escalated interest in the creation of conservation districts. There
are now 89 districts either created or confirmed covering approximately one half of the state.
The availability of fresh water in Texas is probably the most critical issue facing the state. We
are fortunate in Jasper and Newton counties to have plenty of both surface and groundwater
at this time. The surface water from our rivers, creeks and lakes is protected and managed
by local river authorities; however, without a groundwater conservation district, there is no
management system in place to protect the water under our property from harmful removal.
Please vote FOR creation of the Southeast Texas Groundwater Conservation District on
November 2, 2004.
For more information contact Walter Glenn at 409-423-4357 or e-mail walterrglenn@aol.com