Shauna Fitzsimmons: Managing to the DFC, TWCA Fall Conference 2015
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How to Manage to the DFC: Regulation of Groundwater Production by Groundwater Districts Presented by: Shauna Fitzsimmons, Attorney at Law Texas Water Conservation Association 2015 Fall Conference
Transcript of Shauna Fitzsimmons: Managing to the DFC, TWCA Fall Conference 2015
How to Manage to the DFC: Regulation of Groundwater Production by Groundwater
Districts Presented by:
Shauna Fitzsimmons, Attorney at Law
Texas Water Conservation Association 2015 Fall Conference
THE FEAR: limiting or curtailing groundwater production
I NEED TO ADOPT GROUNDWATER PRODUCTION REGULATIONS
BUT I’M SCARED
When are production limits or curtailments necessary?
• Regulations that limit or curtail groundwater production are necessary when . . . Current or projected use > annual water budget
• Avoid the FEAR by . . . – developing a regulatory system based on
local conditions, and – adequately preparing for future production
limits or curtailments.
Local Conditions Impact GW Regulation
Rural Areas • Major use = Ag
Irrigation• Acreage-based
production regulations
Urban Aras • Major uses =
Municipal and industrial
• Use-based production regulations or hybrid regulatory system
VS
• What to consider:– Small holdings
in land surface–Historic/existing
use and investment backed expectations
– Property rights of all existing and future users
GW Regulation in Urban Areas• What DOES NOT
work? – Strictly acreage-
based regulations– Strictly use-based
regulations• What DOES
work?–Hybrid regulatory
system
Study local conditions. Assess time and cost necessary to
secure alternative water sources. Identify major water users and
investment backed expectations. Utilize the GAM to evaluate different
options. Consider potential free market
solutions.
Do your homework before adopting regulations that limit production:
1. Impose limits or reductions that least impact existing users and investment backed expectations.
2. Provide ample lead time before cutting anyone back.
3. Include a variance process.4. Require users to demonstrate progress in
achieving reduction requirements. 5. Add future reduction as a condition to the
permit.
Structure regulations in a way that reduces risk of takings liability:
More of this… Less of this…
THANK YOU
Shauna Fitzsimmons 919 Congress Ave. Ste 460
Austin, TX 78702
512.579.3603
