Published: 25 June 2014 08:24 PM
Updated: 25 June 2014 10:28 PM
AUSTIN — Lawmakers are considering new options for conserving underground water, a divisive topic that includes concerns about property rights and local control even as the state’s drought crisis deepens.
Russell Johnson, a water attorney who represents landowners and “water marketers,” called on a House committee Wednesday to adopt a uniform standard for groundwater regulation, including the creation of a central state agency. As the state’s population continues to grow, he said, there needs to be easier and quicker access to water and permits.
Local groundwater conservation districts are “too cautious” about conservation because of political pressures, he said.
“If you’re a local elected official, you’re going to be very conservative in authorizing groundwater production because you don’t want to be accused of allowing that resource to be depleted,” he said in an interview.
Environmental groups and groundwater conservation districts have argued for a more conservative approach.
Greg Ellis, a water attorney and executive director of Texas Alliance of Groundwater Districts, said that the state’s network of nearly 100 groundwater conservation districts should maintain their regulatory power to limit pumping.
“Groundwater is not oil or gas,” he said. “The goal isn’t to pump it or sell it as fast as possible.”
Regulation should be aimed at finding sustainable levels of water to withdraw, he said.
But in Texas, any attempt to regulate groundwater is made murky by state law. Unlike lakes and rivers, groundwater is subject to the “rule of capture,” which gives landowners an unrestricted right to water beneath their property.
Water law experts contend that groundwater issues will ultimately be decided in court, not by the Legislature. Still, the drought has put the spotlight on groundwater regulation, and legislators are hearing testimony that could dictate the type of bills proposed in next year’s session.
Rep. Eric Johnson, D-Dallas, said that he suspected the policy solution would be found somewhere in the middle.
“We have to always be concerned about conservation and overdevelopment of our resources, but at the same time, water supply entities have an obligation to provide water for their people,” he said. “We have to find a balance.”
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