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Ogallala Aquifer Water Rights and Planning. David Brauer OAP Manager CPRL-ARS-USDA, Bushland Texas. Governments involved with Ogallala water use policies. U.S. Federal government Limited; Federal and Tribal Reserve water rights State Major player; rules/policies vary
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Ogallala Aquifer Water Rights and Planning David Brauer OAP Manager CPRL-ARS-USDA, Bushland Texas
Governments involved with Ogallala water use policies • U.S. Federal government • Limited; Federal and Tribal Reserve water rights • State • Major player; rules/policies vary • Local = Groundwater Conservation Districts • Second major player
Definitions • Water right • Legal right/device to use water • Private vs. public ownership • Private ownership = property right • Public = shared ownership of a “common pool” resource • Prior Appropriation vs. Right to Capture • Prior appropriation: First in, last out • Right to Capture: landowner’s right to use all water that can be captured
Ground Water Rights in Kansas • Prior appropriation • Beneficial use allows for treatment of ground water as a public resource • Water development to water conservation • Groundwater Management District Act • Intensive Groundwater Use Control Areas • Rules to control withdrawals
Ground Water Rights in Oklahoma • Ground water is private property • Reasonable regulation by state • Oklahoma Water Resource Board • Permitting of water rights • Developing OK Comprehensive Water Plan
Ground Water Rights in Texas • Governing principle: • Right to capture • Water right is real property
Water Planning in Texas • Related Laws • Senate Bill 1 • Creation of 16 regional water planning groups • Senate Bill 2 • Empowered GCD with some regulatory power • Joint planning within GMA • GCD able to share information • House Bill 1763 • Bottom Up Approach
House Bill 1763-2005 • Regional decisions on groundwater availability • Requires planning to meet desired future conditions, 50 year horizon • How much water left in the aquifer in 50 years • Defines a permitting target for groundwater production (Managed Available Groundwater).
What is Water Planningand PWPG Role • Determines the water demands of water users • Determines the water supply • Determines the water shortages or excesses • Proposes remedies for shortfalls
Potential Shortfall of Available Water Identified by PWPG Irrigated Agriculture Needs 6 Counties With Identified Water Needs for irrigation Potential Needs Range from 849 acre-feet to over 142,079 acre-feet annually Municipal/Rural Water Needs 15 Entities With Identified Needs Potential Needs Range from 36 acre-feet to over 18,337 acre-feet annually Actions to remediate shortfall maybe eligible for funding from Tx Water Development Board
Future Water Plans in Texas • By September 10, 2010 each Ground Water Management Area will have to submit Desired Future Condition (DFC) for major Aquifers • Example: 50% of available water remaining in 2060 • DFC will alter the available ground water for further water planning activity
Groundwater Conservation Districts over Ogallala Aquifer in Texas