Groundwater ConservationGWCDs Only Regulatory Tool Available to Counties

Hello! My name is Willie Kitchen. I have served as Houston County commissioner since January 1999. I also serve as president of the Deep East Texas County Commissioners and County Judges Association.
My wife, Eunice, and I met over 23 years ago by the passion that we shared for physical fitness. We have been married 20 years and have owned a co-ed fitness center in Crockett for the last 18 years of our marriage. I am a native of Houston County.
Some of the most recent accomplishments for Houston County were the approvals of propositions to build a new 96-bed law enforcement center and an Emergency Service District that adopted the remaining portion of the county not covered by ESD#1.
One of the most controversial issues we have faced has been the consideration of the formation of a groundwater conservation district (GWCD). In 2005, a bill was filed in the Texas House but was allowed to die due to opposition from some of the large landowners in the county. In 2008, two public forums were conducted to gather input and educate the public on groundwater issues so that a decision could be made as to whether we should consider a district again before the 2009 legislative session. Providing the education at the first forum were organizations such as Texas AgriLife Extension Service, Texas Water Development Board, and Neches Trinity Valley Groundwater Conservation District. The second forum lacked the representation by the above-mentioned groups, which tainted the decisions made by those in attendance.
What factors contribute to the successful passage of a GWCD? When asked, most county officials who are presently in a GWCD say that water districts are formed because of fear factors. Traditionally, groundwater districts have been formed after some large company has moved into a county and drilled a large well. At this point citizens become afraid and want help from their local elected officials. Last year, a small bottled water company purchased a tract of land in the northern part of Houston County and drilled several small wells. I received a phone call from one of the neighboring landowners wanting to know if there was anything that could be done to stop them because he was afraid that the city’s public water supply well would be compromised. Our county judge received some of the same type inquiries. Without a GWCD there is no local regulatory authority over groundwater, and our hands are tied.
GWCDs are not a solution to all groundwater issues facing Texas counties, but a GWCD is the only tool afforded to us in which we may maintain some form of local control. This is not a perfect system, considering the many different types of districts in Texas and the bylaws that govern them. Chapter 36 of the Water Code allows a variety of rule-making authority to districts, so they each vary somewhat. Does this aspect mean that GWCDs are ineffective? Yes, to a certain extent, until you consider the option which is the 100-year-old rule of capture which has been abandoned by nearly all other states. Under the rule of capture landowners have no legal remedy for the dewatering of their wells by others.
Water districts are controversial by nature because at first glance they appear to be an infringement upon a landowner’s rights, but one must remember that groundwater has no knowledge of property lines. There are no aquifer boundaries, so in reality one could literally pump so much water that his neighbor’s well would go dry. Hopefully someday our state lawmakers will revisit the laws that govern groundwater such as the rule of capture. Water is a valuable resource. I believe that as global warming concerns, population increases, and awareness by environmental advocacy groups grow, water conservation and management will remain critical. The fact is, a GWCD is the state’s preferred method of groundwater management.
Willie Kitchen, Houston County Commissioner