Commissioners oppose HB 3677 threat to groundwater district
By Lew K. Cohn
Managing Editor
The Highlander
Burnet County commissioners voted unanimously Tuesday to pass a resolution opposing House Bill 3677 during their regular session at the Courthouse.
HB 3677, filed by state Rep. Jason Issac, R-Dripping Springs, would eliminate the Central Texas Groundwater Conservation District (CTGCD) in Burnet, which was created by local voters, and force the county to consolidate with four other counties into a single Heart of Texas Aquifer District.
“I was not contacted before, during or after this bill was filed by anyone responsible for it, which I find very interesting,” said Burnet County Judge James Oakley. “I question the authority of the Legislature to abolish a taxing entity that was created by local citizens and I also question this legislative overreach.”
HB 3677, filed March 9, not only would eliminate the CTGCD on Jan. 1, 2019, but also would eliminate the Blanco-Pedernales Groundwater Conservation District, the Comal Trinity Groundwater Conservation District, the Cow Creek Groundwater Conservation District in Kendall County and the Hays Trinity Groundwater Conservation District, replacing them all with a Comal County-based Heart of Texas Aquifer District to which each of the five counties' commissioners courts would be allowed to appoint a single director. These directors would serve staggered four-year terms.
“Preserving both groundwater and private property rights is one of my top legislative priorities.,” Isaac told the Highlander Thursday. “I’ve long advocated that water should be protected based on how the water flows, not on arbitrary, man-made political boundaries. Instead of a patchwork of groundwater districts with different rules, fees, and taxes in some cases, I believe uniformity in protecting the entire aquifer could be a more logical choice.
“Though I don’t expect House Bill 3677 to pass this time around, I’m grateful that it’s started a conversation about how we can best preserve our aquifer, and I look forward to continuing that discussion over the next two years.”
At the March 14 commissioners court meeting, CTGCD general manager Charles Shell called the bill alarming and noted that the hydrogeologic conditions in Burnet County differ greatly from that of the other counties in the district Isaac is proposing to create.
Burnet County is located on the Northern Trinity Aquifer, while Blanco, Comal, Hays and Kendall countiesare part of the Hill Country Trinity Aquifer, as the Colorado River serves as the dividing line between these two bodies.
“Central Texas GCD does not share the same aquifers or hydrogeologic conditions as the other counties in the proposed district,” Shell said. “The two sections (of the Trinity Aquifer) are divided by the Colorado River and have virtually no hydrogeologic connection across this boundary.”
Shell also noted Burnet County contains three Llano Uplift aquifers — Ellenburger-San Saba, Marble Falls and Hickory — which are only shared with Blanco County among the new district proposed by Isaac.
“The hydrogeology of the Llano Uplift region is highly complex with numerous fault lines that can serve as hydrogeologic barriers,” he said. “This presents a unique case where fault blocks restrict flow between counties and even within counties, thus making local control of these resources extremely important. Broadening the managing area of these aquifers simply does not constitute for better management.
“As a landowner and as a citizen, my thoughts it would be wrong to do away the enabling legislation for what the citizens of this county voted,” Shell added.
Commissioners also voted to pass a resolution opposing Senate Bill 1383, which would alter Section 623 of the Texas Transportation Code to allow 90,000-pound trucks carrying fluid milk to freely use any county roads, regardless of load zoning, as long as they have a permit sticker from the Texas Department of Transportation (TxDOT).
That permit fee would cost $1,200, of which 75 percent of the fee collected would go to the state highway fund and 10 percent would go the Texas Department of Motor Vehicles fund. Only 15 percent would then be divided among all counties designated in the permit.
“Some of these zoned bridges provide the only form of access for our residents to their property,” said Precinct 4 Commissioner Joe Don Dockery.
A public hearing on the bill has been scheduled for today, March 29, in the Senate Transportation Committee, of which the bill's author, Sen. Charles Perry, R-Lubbock, is a member.
In other action, commissioners voted unanimously to approve a resolution declaring April 9-15 to be “Public Safety Telecommunicators Week” in Burnet County and recognizing the work done by dispatchers and other public safety telecommunicators.
“Our dispatchers are the first link in the public safety chain,” said Sheriff's Capt. Ricky Bindseil in speaking to commissioners. “They calm down callers and get our deputies in route to the scene. They are critical to our success and we appreciate what they do.”
Commissioners also approved an order authorizing the sale of fireworks in Burnet County for San Jacinto Day, which is April 21. The order can be rescinded if weather conditions cause safety concerns, Oakley said.
