A New <i>Day</i>: Empowering Groundwater Conservation Districts to Manage Groundwater in Texas

Abstract

The social and economic effects of water scarcity are well known and beginning to become more prevalent in many communities. More and more frequently, Texas citizens are experiencing severe and prolonged drought, and often supplement lacking surface water resources with available groundwater. Additionally, as populations increase, municipalities rely on groundwater resources to fill their growing needs. Citizens of Texas have always recognized the importance of groundwater management and conservation and created a regulatory structure designed to manage groundwater resources at the local level through Groundwater Conservation Districts (GCDs). Although challenged in the past, Texas's unique approach to groundwater management, the rule of capture, looks as though it is here to stay with the Texas Supreme Court's decision in Edwards Aquifer Authority v. Day. However, the Court's decision to recognize ownership in place of groundwater limits GCDs' resource management abilities. In the aftermath of Day, GCDs are required to compensate landowners for their loss of property through pumping curtailment practices. However, most GCDs do not possess the requisite funding to accomplish any conservation goals, effectively stripping them of the right to implement any conservation practices within the State. Without legislative action, Texas’s groundwater resources will remain unmanaged, further depleting one of the State’s most precious resources. This article proposes several new conservation mechanisms the Legislature and GCDs can implement to more effectively preserve groundwater resources in Texas, as well as sources of financing to accomplish those goals. The Texas Legislature must take action to restore the managerial capabilities of GCDs and empower them to conserve groundwater resources in the State.