The Central Texas Groundwater Conservation District (District) has received numerous concerns, comments, and questions regarding a proposed aggregate quarry within the District.
The District operates under Chapter 36 of the Texas Water Code and is governed by a five-member board of directors. The board has adopted rules and regulations designed to protect the District’s aquifers. Under Texas law, groundwater is recognized as a private property right; however, its production and use are subject to the District’s rules adopted under Chapter 36. This framework ensures that while ownership rests with the landowner, production must occur in a manner that protects the aquifer and the rights of others.
The District’s permitting framework applies to all beneficial uses, with each well registration and well permit application evaluated on its own merits in accordance with the District’s rules and the statutory criteria in Chapter 36.
When evaluating a permit, such as one associated with an aggregate quarry, the District must consider several factors, including the potential impacts of the proposed production on the aquifer, existing wells, and surrounding landowners. No permit may be approved that would unreasonably affect surrounding landowners or cause a substantial adverse impact on the aquifer.
The District may also utilize ongoing monitoring, such as water-level data, and groundwater production meter readings to evaluate the effects of production once a permit is issued. If monitoring indicates unreasonable effects on the aquifer or other wells, the District reserves the authority to modify or curtail permitted production to protect the resource and the property rights of all landowners.