The groundwater management process in Texas relies on a system of regional collaboration, data-driven modeling, and local governance. The key components in this framework are:
Groundwater Conservation Districts (GCDs): These districts are responsible for managing groundwater within their jurisdictions. Not all counties in Texas have a GCD, but where they exist, they regulate groundwater extraction, conservation efforts, and the overall sustainability of aquifers.
Managed Available Groundwater (MAG): MAG refers to the maximum amount of groundwater that can be sustainably withdrawn from an aquifer without impairing its long-term health. Each GCD sets MAG limits for the aquifers they oversee, ensuring water is available for use while maintaining the aquifer’s integrity.
Desired Future Conditions (DFCs): DFCs represent the target water levels and conditions for aquifers at a given time in the future. These conditions are determined through collaborative planning efforts and scientific modeling. DFCs guide groundwater management decisions to ensure that the aquifer remains viable for future generations.
In the Neches-Trinity Valley Groundwater Conservation District (NTVGCD), these principles are applied to balance current water use with the long-term health of the aquifer. However, it’s important to note that some counties in Texas do not have a GCD, which can lead to less regulated groundwater extraction in those areas.
"The Neches and Trinity Valleys Groundwater Conservation District will strive for the conservation, preservation, and the prevention of the waste of groundwater reservoirs over which the District has jurisdiction. The District will implement water conservation and management strategies to prevent the extreme decline of water levels for the benefit of all water users, water rights owners, the economy, or citizens, and the environment of the territory inside the District."
Desired Future Conditions (DFCs) are quantitative goals set for aquifers—determining how much water can be pumped while preserving specific water levels or maintaining spring flows over a set period, typically 50 years. These goals are proposed and adopted by the Groundwater Management Areas (GMAs), which are regional bodies that coordinate groundwater planning. The Neches-Trinity Valley Groundwater Conservation District (NTVGCD) is part of GMA 11, which oversees the Carrizo-Wilcox and Queen City Aquifers, among others.
DFCs set measurable targets, such as limits on how much water levels can decline or ensuring that groundwater contributions to surface water bodies remain stable. These conditions are legally binding, under the authority of Chapter 36 of the Texas Water Code. Regular monitoring is crucial to ensure these goals are being met. Typically, the Texas Water Development Board (TWDB) and local GCDs conduct assessments and measurements of aquifer levels annually or bi-annually, utilizing data from monitoring wells and other sources to track water levels, aquifer recharge, and impacts on surface water bodies.
The frequency of these measurements and subsequent evaluations allows for adaptive management, where any significant deviations from DFCs can prompt adjustments in groundwater use regulations or conservation strategies. Dr. Bridget Scanlon, a senior research scientist at the University of Texas Bureau of Economic Geology and former hydrologist at the Texas Water Development Board (TWDB), has emphasized the limitations of water governance without continuous monitoring. As she explains in her work on water resource management, “You can’t manage what you don’t measure” (Scanlon, 2012).
Once Desired Future Conditions (DFCs) are established, the Texas Water Development Board (TWDB) runs groundwater availability models to estimate how much water can be withdrawn annually without violating the DFCs. This volume is known as the Managed Available Groundwater (MAG), essentially setting a cap on water extraction. The MAG is a shared limit designed to protect the sustainability of the aquifer for all users within the district. NTVGCD is responsible for allocating groundwater permits in such a way that cumulative pumping across all users does not exceed this shared cap—at least in theory.
However, recent applications from Pine Bliss and Redtown Ranch have raised concerns. These applicants seek to extract close to the full MAG for themselves, threatening to take a disproportionate share of the available groundwater. Such requests undermine the idea of the MAG as a shared ceiling and could result in water scarcity for other users in the district. This situation highlights a critical flaw: while the MAG is intended to be a collective limit, it risks being treated as an individual quota by large-scale extractors.
Kyle Bass, a high-profile applicant seeking to extract water from the Carrizo-Wilcox Aquifer, recently stated, “Let’s just say you never take more than the MAG.” This comment, posted publicly in response to a question about sustainable groundwater practices, encapsulates a common misconception. The MAG is not a personal allocation—it’s a shared ceiling across all users in a region. Without proper metering and monitoring, simply claiming to stay within the MAG offers no real accountability. It assumes good faith in a system that currently lacks the tools to verify compliance.
As Arizona water expert Ryan Mitchell summarized Dr. Bridget Scanlon’s findings, “We can’t manage what we don’t measure … if you have rules in place and you keep a close eye on water use … you can keep it at a sustainable level.” (Source: Live Science)
"Let’s just say you never take more than the MAG."
NTVGCD is responsible for issuing permits and overseeing well development across multiple counties. It holds the authority to deny or limit permits based on the MAG and local hydrological conditions. However, enforcement of these regulations is now being questioned.
In the case of the Pine Bliss and Redtown Ranch applications, 2019 usage data shows that the combined requested withdrawal would already exceed the MAG for that section of the aquifer. Introducing new high-production wells in this area only increases the likelihood of violating the Desired Future Conditions (DFCs). It’s crucial to remember that the MAG is a shared cap, meaning that all water users are collectively bound by this limit. These new applications risk overburdening the aquifer, further jeopardizing its long-term sustainability.
This issue only came to light a few weeks before the June 19th public hearing, leaving little time for proper public scrutiny. Furthermore, meetings were held behind closed doors, with minimal transparency regarding the decision-making process. Notices were sent only to residents within a 1/2-mile radius of the proposed projects, even though the impact of these high-production wells could affect a much larger region. This narrow notification undermines the ability of a wider community to participate in the decision-making process, raising concerns about transparency and public trust.
A key concern in this process is the potential for conflicts of interest among board members. One of the board members involved in shaping groundwater policy was hired by the applicants to drill the wells; resigning his position only a few days prior to the public hearing after public outcry. This overlap of interests raises significant questions about the impartiality of decision-making. Even the appearance of a conflict of interest can undermine public trust in the integrity of NTVGCD’s decisions, especially when permits are granted despite community opposition and the risk of exceeding the MAG.
While NTVGCD is responsible for managing individual permits based on the MAG, a more critical issue arises when the cumulative impact of all permits is not properly assessed. Allowing Pine Bliss and Redtown Ranch to extract large portions of the MAG creates a precedent, potentially opening the door for other companies to make similar requests. Each new application adds cumulative pressure on the aquifer, further jeopardizing its sustainability. If large withdrawals are approved without a broader, cumulative analysis, it could lead to an exponential increase in extraction requests, pushing the aquifer past its sustainable limits.
This “race to the bottom” scenario, where multiple entities request large allocations from the same shared MAG, could have long-term consequences for the entire region. Without proactive regulation that considers the collective impact of all withdrawals, NTVGCD risks creating a situation where new applicants continuously seek to extract more, further depleting the aquifer and endangering its ability to meet the needs of future generations.
In the absence of clear permit quotas or a system for evaluating cumulative impacts, the district is essentially setting a precedent that could invite other high-production well applications, exacerbating the problem of over-extraction. This lack of foresight in managing cumulative impacts undermines the goal of sustainable groundwater use and threatens the aquifer’s health over time.
DFCs and MAG are intended to keep groundwater use sustainable. But without diligent, transparent enforcement by NTVGCD, they are just numbers on paper. When high-capacity wells are permitted in rapid succession without accounting for total impact, the risk is not just aquifer depletion—it’s the erosion of public trust.
Protecting the Carrizo-Wilcox and Queen City Aquifers requires more than models. It demands accountability.
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