From March 9, 2023 Business Meeting

1. Legislative Outlook for the 88th
Legislative Session
TAGD Business Meeting
March 9, 2023
Robby Cook, Riceland Consulting
Ty Embrey, Lloyd Gosselink
Shauna Sledge, SledgeLaw Group PLLC

2. Redistricting
Leadership
Priorities and Themes

3. House Committee on Natural Resources
Interim Report
• Large-Scale Groundwater Transfers
o Implement mitigation programs
o Reexamine export fee structure
• Desired Future Conditions
o Adopt intermediate DFCs
o DFC tracking and performance in management plans
o Explanation of DFC changes
o TWDB funding / financial assistance
o Annual GMA discussions
o Modeled sustained groundwater
o Update TCEQ petition process

4. House Committee on Natural Resources
Interim Report
• Orphan Oil and Gas Wells & Abandoned Water Wells
o RRC jurisdiction over oil and gas wells
o Statewide abandoned water well fund
• Conservation and Waste
o Update “waste” definition
o Conservation and efficiency in filling amenity ponds
o Bed and banks permits
• Transparency in the Permit Application Process

5. Senate Committee on Water, Ag., and
Rural Affairs Interim Report
Groundwater Discussion Biggest Themes:
• Need for Accurate Data
• Mitigation & Export of Groundwater

6. Senate Committee on Water, Ag., and
Rural Affairs Interim Report
Groundwater Recommendations:
• Encourage groundwater conservation districts to maximize tools
such as export fees and contracts to adequately plan for
mitigation.
• Texas should invest in updated groundwater availability models
at the Texas Water Development Board. Additionally, the state
should consider grants to groundwater conservation districts to
employ the best available science at a local level.

7. Senate Committee on Water, Ag., and
Rural Affairs Interim Report
Groundwater Recommendations continued:
• Encourage districts to incentivize and perform outreach to the
benefits of data to individual landowner for the use of well
meters.
• Continue to replenish the Agriculture Conservation grant
funding for incentives for drip irrigation and other conservation
technologies that have a proven record of water savings.
• Greater education to the public, including the public schools as
to the importance of water conservation.

8. 88th Senate Water, Agriculture, and
Rural Affairs Committee
Sen. Charles Perry, Chair
Sen. Kelly Hancock, Vice-Chair
Sen. Cesar Blanco
Sen. Pete Flores
Sen. Roland Gutierrez
Se. Nathan Johnson
Sen. Lois Kolkhorst
Sen. Kevin Sparks
Sen. Drew Springer

9. 88th House Natural Resources
Committee
Rep. Tracy King, Chair
Rep. Ed Thompson, Vice-Chair
Rep. Kyle Kacal
Rep. Four Price
Rep, Erin Gámez
Rep. Stan Kitzman
Rep. Suleman Lalani
Rep. Will Metcalf
Rep. Ana-Maria Ramos
Rep. Glenn Rogers
Rep. Erin Zwiener

10. Committee Consensus Process
• Consensus Process. Stakeholder-driven Groundwater Committee
vets and recommends changes to water policy
• Over 150 participants, largely drives TWCA's legislative agenda.
• Largely drives TWCA's legislative agenda. Legislative proposals
require a 90% consensus among voting committee members to
move forward
TWCA’s
Mission:
10

11. TWCA Groundwater Committee Results
Support specific bill language on the following groundwater topics:
• Addition notice for DFC materials
• Deadlines for updating management plans after DFC adoption
• TCEQ Petition for Inquiry process
– Option to seek technical assistance
– Reimbursement of review panel member expenses
– OPIC legal support for panel
• SB 156
– Petition a GCD for rulemaking (Section 2)
– Unreasonable DFCs (Section 3)
– Notice to affected landowners (section 4)
11

12. TWCA Groundwater Committee Results
The TWCA Board also:
• supported groundwater availability model (GAM) funding
• conceptually supported creation of a water well cleanup
fund for abandoned/deteriorated wells
• conceptually supported P-13 wells (wells originally drilled to
be oil and gas wells but transferred from oil and gas
ownership toa landowner for use as a water well) being
under the Railroad Commission’s jurisdiction and eligible for
funding from the Oil and Gas Cleanup Fund.
12

13. Groundwater Bills
SB 156 (Perry) Relating to the regulation of
groundwater conservation districts
• Section 1 – Attorneys fees
• Section 2 – Petition a GCD for rulemaking
• Section 3 – Unreasonable DFCs
• Section 4 – Notice to affected landowner

14. Groundwater Bills
HB 2119 (Dorazio) Relating to the award of
attorney’s fees in certain suits involving a
groundwater conservation district

15. Groundwater Bills
HB 2443 (Harris) Relating to the authority of
certain persons to petition a groundwater
conservation district to change certain rules

16. Groundwater Bills
HB 1971 (Ashby) / SB 638 (Springer) Relating to
the procedures for acting on a permit or
permit amendment application by a
groundwater conservation district and the
disqualification of board members of
groundwater conservation districts

17. Groundwater Bills
HB 2735 (King) Relating to security required
before filing suit against a groundwater
conservation district

18. Groundwater Bills
HB 3059 (King) Relating to fees charged by a
groundwater conservation district

19. Groundwater Bills
HB 3278 (Price) Relating to the joint planning
of desired future conditions in groundwater
management areas

20. Groundwater Bills
SB 1047 (Perry) / HB 2757 (Tepper) Relating to
the funding and activities of the Texas
Produced Water Consortium

21. Groundwater Bills
HB 1852 (Holland) Relating to the authority of
TCEQ to issue an order to create a special
district

22. Groundwater Bills
HB 3669 (Rogers) Relating to the proceedings to
exercise the power of eminent domain over
certain real property owned by certain
conservation and reclamation districts

23. Groundwater Bills
SB 1746 (Perry) Relating to an exemption from
the requirement to obtain a permit from a
groundwater conservation district for certain
temporary wells

24. Groundwater Bills
HB 3990 (Kacal) Relating to a study of existing
surface water and groundwater interaction data

25. Water Infrastructure/Funding
SB 28 & SJR 75 (Perry) / HB 10 & HJR 130 (King)
Relating to financial assistance provided and
program administered by the Texas Water
Development Board
HB 3165 & HJR 138 (Holland) Relating to
the establishment, administration, and use
of the land and water conservation fund….

26. Other Topics of Interest
• Lobbying with public
funds
• Elections
• Property taxes
• Open meetings
• Open records

27. Questions?