• Tara Bozick •
• Originally published January 3, 2009 at 11:36 p.m., updated January 3, 2009 at 11:36 p.m.

Everybody needs and uses it. And, everybody fights to keep it.

"We all know that Texas is faced with rapid, unpredictable growth and the possibility of large water shortages in the future," said state Sen. Glenn Hegar, whose constituency includes the Victoria area. "Balancing all the competing water interests will be a challenging endeavor, but one that we must undertake."

Water and its protection will top a host of issues this legislative session, with a dozen bills relating to water already pre-filed by legislators. Several include conservation measures and how to protect underground aquifers.

But one in particular, House Bill 43, worries an outspoken resident and the Victoria County Groundwater Conservation District.

State Rep. Frank Corte Jr., whose district includes San Antonio, filed House Bill 43 on behalf of the San Antonio Water System to rectify an inconsistency in the Texas Water Code, according to the bill analysis supplied by SAWS to Corte's office.

The current rule establishes that groundwater districts must grant a 30-year permit for the transfer of underground water out of a district upon construction of the conveyance, or pipeline.

The rule helps water systems get financing for multimillion-dollar projects, the analysis stated.

But groundwater districts, including the Victoria groundwater district, have adopted rules that would grant a transport permit and then a separate production permit.

While the transport permit could be used for 30 years, the production permit would have to be renewed every five years, according to the Victoria district's management plan.

The production permit allows for the pumping of underground water.

House Bill 43 would make it so the groundwater districts may issue only one permit and that a district cannot reject a permit application based on an intent to transfer water out, according to the bill text. But, the bill allows the district to limit the amount of transferable water.

"That bill would have a very direct impact on groundwater districts," Tim Andruss, general manager for the Victoria district, said, adding the board has yet to take any formal position. "Based on my understanding, it would negatively impact the district and the principle of local control that we support."

Bill Richter, a Victoria resident who plans to offer proposals to legislators this session, agreed that the original rule is inconsistent, but that it benefited local districts.

Richter said problems with water pipeline projects would be resolved if groundwater districts, instead of the state, could control transport.

"Groundwater should be allowed to work for the economic benefit of the source community," he said.

Richter, in his citizen's proposal, states that mandating equal sharing of water is leading to state control of underground water and the growing metro areas would eventually out-permit the rural areas. Permitting in a "first-come, first-served manner" encourages depletion, not conservation of groundwater aquifers.

"Of course, (underground water is) always a major concern for us," said state Rep. Geanie Morrison, who represents Victoria and surrounding counties. "We want to make sure our groundwater districts have the ability to supply our area with what we need."

But Morrison added she would need to review input from all sides on the bill before making a determination. She would like groundwater districts and concerned residents to go to their legislators with comment.

Hegar, whose district extends to Austin, agreed that local needs should come first, but that legislators cannot have a "just say no policy" on water transport, as some areas truly are water poor.

• The 81st Legislature convenes Jan. 13.

  View the pre-filed bills at www.legis.state.tx.us.

  IF YOU GO

  WHAT: Victoria County Groundwater Conservation District board meeting

  WHEN: 9 a.m. on Jan. 16

  WHERE: Dr. Pattie Dodson Public Health Center, Classroom A No. ...

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The 81st Legislature convenes Jan. 13.

View the pre-filed bills at www.legis.state.tx.us.

IF YOU GO

WHAT: Victoria County Groundwater Conservation District board meeting

WHEN: 9 a.m. on Jan. 16

WHERE: Dr. Pattie Dodson Public Health Center, Classroom A No. 108, 2805 N. Navarro St.

TOPICS: Legislative issues to be discussed.

Pre-filed bills may protect waterAdvocate Staff ReportOther legislators are willing to address water protections, like state Sen. Robert Nichols, from East Texas, who proposed bills that would create more stringent standards for injection wells, such as what locations should exclude them.

Residents may get an incentive to implement water conservation measures if state Rep. Jimmie Don Aycock's House Bill 225 comes through. That bill would allow ad valorem tax exemption to value added to a property for implementing brush control measures, desalination or rainwater harvesting.

Glen Chilek, a Victoria County master gardener who specializes in rainwater harvesting, would like that bill to pass. The self-described conservationist from Yoakum sees rainwater as a free resource that would keep residents from pulling water from under the ground or from rivers.

Victoria rancher Stephen Diebel, chairman of the Grazing Lands Conservation Initiative, appreciates that legislators are making brush control an issue.

"I think it would be very beneficial not only to farmers and ranchers, but water users in all aspects," Diebel said about the proposed bill. "Brush species take a lot of water that could be used for aquifer replenishment."

Ranchers use prescribed burns and other methods to remove invasive woody plants so cattle may graze. In Victoria and surrounding counties, overgrown brush has become a huge problem, Diebel said.

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