The Cross Section, Volume 16, Number 7, July 1970 Page: 3
This periodical is part of the collection entitled: Texas State Publications and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
- Highlighting
- Highlighting On/Off
- Color:
- Adjust Image
- Rotate Left
- Rotate Right
- Brightness, Contrast, etc. (Experimental)
- Cropping Tool
- Download Sizes
- Preview all sizes/dimensions or...
- Download Thumbnail
- Download Small
- Download Medium
- Download Large
- High Resolution Files
- IIIF Image JSON
- IIIF Image URL
- Accessibility
- View Extracted Text
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
THE CROSS SECTION
DISTRICT PRESENTS STATEMENT BEFORE THE TEXAS WATER RESOI
Reproduced below is the text of the
District's statement presented before
the Texas Water Resources Study
Committee, on June 19th, in Abilene.
This Committee, established by
House Concurrent Resolution 12 of
the 61st Legislature, is holding public
hearings throughout Texas to receive
testimony on several water issues;
particularly testimony regarding the
Texas Water Plan and the financing
of same.
Committee members are: Repre-
sentative John Allen, Chairman, Long-
view; Senator Tom Creighton, Vice-
Chairman, Mineral Wells; Senator Jim
Bates, Edinburg; Senator Criss Cole,
Houston; Representative Rex Braun,
Houston; Representative Bill Clayton,
Springlake; Mr. M. P. Anderson,
Houston; Mr. George T. Brabham,
Daingerfield; and Mr. R. M. Dixon,
Austin.
The High Plains Underground Water Conserva-
tion District No. 1 is an agency of the State of
Texas created pursuant to the Underground Wa-
ter Districts enabling act, codified as Article
7880-3c (Vernon Civil Statutes of Texas). This is
the first district created in compliance with the
provisions of this act, and it is the largest Un-
derground Water Conservation District in Texas
and the Nation. The District contains 5,215,600
acres, over 8,000 square miles. The District ex-
tends nearly 140 miles south from Amarillo, to
near Tahoka, and from the New Mexico-Texas
State line over 100 miles east through Floyd
County. The District contains all or parts of 15
Southern High Plains Counties in Texas.
The District is governed by a five-member
Board of Directors, elected for two year terms.
The District has also established 75 other elec-
tive offices; consisting of five county committee-
men for each of the fifteen counties within the
District. The eighty elected officials of this Dis-
trict makes it the most democratically controlled
water regulatory agency in the State of Texas.
Since this is the very first time it has been
my pleasure to testify before this Committee, or
any other similar committee, I would like to pre-
sent a brief resume of my background, in order
to help the Committee in judging the qualifica-
tion of my statement.
I graduated from Texas A&M University in
1958, with a Bachelor of Science degree in Ge-
ological Engineering. I was immediately employed
by the then Texas State Board of Water Engi-
neers, in the "planning group"-established as
the result of the acts of the Texas Legislature,
in 1957. From 1959 to 1964, I served as the En-
gineer in charge of the Texas Water Develop-
ment Boards Lubbock office. In 1964, I returned
to Austin to become the Assistant Director of the
Ground Water Division, in charge of the Board's
Surface Casing and Subsurface Waste Disposalment Board did not develop an adequate, equita-
ble or flexible water plan, then an adequate,
equitable, or flexible plan can not be developed
by any others so qualified.
II-STATE WATER LAW
Although State law is specific as to the priority
of surface water use, there does not appear to be
any conflict in the present priorities that would
restrict the implementation of the Texas Water
Plan. It is possible that the old State law spe-
cifying water priorities should now be expanded
to include other beneficial uses. However, it ap-
pears that it is still functional within the frame-
work of the Texas Water Plan.
There is no priority of use established for
groundwater within Texas. In this State, ground-
water is the private property of the landowner.
The landowner can develop groundwater for any
benefical purpose, the only restriction being that
groundwater is not to be wasted. This freedom
of selection of groundwater use priorities is re-
sponsible for the unprecedented, economic and
equitable development of such water supplies
within Texas.
Although there is no statutory priority for
groundwater use, there is one priority while be-
ing exercised that assumes the role of priority
of use-that being the powers of eminent do-
main, as practiced by municipalities and certain
other local divisions of government. Through
the powers of eminent domain, the priority for
municipal use, and in some cases industrial use,
has been exercised over groundwater.
It is in the opinion of the District, that the
present private ownership of groundwater in
Texas, as provided by the Texas Constitution, is
the most workable, the most equitable, and the
most economically benefical method for the as-
signment of priority of groundwater use that can
be developed, One has only to observe the dif-
ferences in economic development of groundwa-
ter in Texas' sister States, to appreciate this
principle of private ownership.
Artificial recharging of aquifers is indeed, from
the standpoint of an engineer, a beneficial use.
The subsurface reservoirs are natural storage
areas for excess surface water supplies. I be-
lieve it can be safely predicted that subsurface
storage and retrieval of surface water will event-
ually become a primary facet of most water sup-
ply systems.
Groundwater reservoir systems have also been
used by several cities in the western part of
Texas to store groundwater that is pumped from
other parts of the aquifer, and stored near the
cities of use, in order that the pipe-line systems
serving such cities can meet peak water needs
during the summer months. This beneficial use
(subsurface storage) of groundwater has been
well established, and there is no reason that such
practices should not be included as a beneficial
use of surface water.
Recreation is becoming an increasingly power-
ful and beneficial water use. Since recreational
use of water is nonconsumptive, it is illogical
not to place considerable emphasis on this bene-
fit.
The development of a recreational use priority
is inevitable for any water impoundment project
in Texas. The public will develop this priority
regardless of any planning for same. The hu-
man need for recreation is compounded with the
accelerating trend to urbanization. The general
public are increasingly inclined to consider the
recreational use of surface water impoundments
as an inherent right. Recreation will assume a
high priority use in the future. If it is an in-
evitable use, it should be considered for its re-
payment value.
The District does not recognize the necessitythis Committee to take whatever action it can
to further this type of research.
There is probably some need for environmental,
ecological and land management studies for some
water development projects. Until recently it
has fallen upon management, the engineer or
geologist, to make these appraisals for water de-
velopment projects. The engineers and geolo-
gists have functioned for years as environmental-
ist, conservationist and ecologist without realiz-
ing that this was one of their primary functions;
while their interest has been the economic and
equitable development of surface and ground-
water supplies.
Ecologic, environmental and other related
studies should not be directed toward the hin-
drance of needed water development, but should
look for answers and alternative methods for
satisfying water needs with a minimal undesir-
able influence on the ecosystem.
IV-FINANCING
Interim financing of practically all water re-
source development projects is a necessity. In-
come from water sales can not be realized until
the financing of the projects that provide for
the development of such projects is forthcoming.
However, interim financing should be just that,
and the water resource development projects
should rely primarily upon repayment through
water sales.
Bond financing appears to be the most feasible
method of obtaining interim financing for water
projects. The 4-percent constitutional bond in-
terest ceiling is not realistic in the present day,
or under changing, bond market conditions.
Therefore, it is the recommendation of the Dis-
trict that this Committee work to remove con-
stitutional ceilings on bond interest; while pro-
viding some type of legislative flexibility for
monitoring of future interest limits.
There should not be any users fee for ground-
water, it is private property. However, for wa-
ter development projects that are funded through
public monies, it would not be unreasonable to
require water users fees in order to retire part,
or, in some cases, all of the costs of such proj-
ects.
V-WATER QUALITY PROBLEMS
In the High Plains of Texas, the sands and
gravels of the Ogallala Formation provide an un-
precedented degree of protection of the quality
of the water stored therein.
There are no known instances of widespread
pollution problems related to the use of agricul-
tural chemicals within the High Plains area.
Studies by the District, Texas Tech University,
and the United States Agricultural Research
Service have not shown any reason for alarm in
regard to the use of agricultural chemicals in
this area. This includes the widespread and
heavy use of nitrogen fertilizers.
Research conducted by the District, Texas Tech
University, the Agricultural Research Service and
the Federal Water Pollution Control Administra-
tion, indicates that the filtering quality of the
sands and gravels of the Ogallala Formation will
tend to abate the introduction of organic pol-
lutants into this aquifer.
Municipal sewage effluent is not a problem in
the High Plains area. Such effluent, in this wa-
ter short area, is considered an asset, and it is
put to immediate beneficial use.
Recently there has developed a hysteria con-
cerning the potential water pollution problems
associated with the area's mammoth cattle feed-
ing operations. I must emphasize that this con-
cern is now completely based upon the supposition
that feedyards are a water quality hazard-there
is no established evidence that this is a majorproblem. The District would urge this Commit-
tee to allow the completion of the presently on-
going research being conducted on these feed-
yards, before judging their actual effect on the
quality of groundwater, and/or the entire eco-
system.
While employed by the Texas Water Develop-
ment Board, it was my privilege to be in over-
all charge of the surface casing section of this
agency. This function, within the Texas Water
Development Board, was to recommend to the
Texas Railroad Commission, and to the oil oper-
ators, the amount of surface casing necessary to
protect the fresh water strata. However, there
are no provisions for a follow-up check to see if
adequate surface casing and/or cementing pro-
grams were employed to protect subsurface water
supplies.
After the oil fields cease to produce oil in
economic quantities, and are abandoned, the pro-
tection of the fresh water aquifers will then be
dependent upon the adequacy of the surface cas-
ing and cementing programs of the oil wells in
such fields. It is my opinion that as old oil
fields are abandoned, and the wells sealed, the
oil reservoir system will again start to repres-Page 3
JRCES STUDY COMMITTEE
surize, and attempt to attain the equilibrium
pressure existing before such reservoirs were de-
veloped. In a lot of cases, this will mean that
the fluid level in such abandoned wells will be
opposite that of the fresh water strata. In those
cases of inadequate or improper surface casing
and cementing programs, there is a tremendous
potential for pollution of fresh water supplies.
Such pollution is almost impossible to detect,
until it has progressed to widespread proportions.
It is these possibilities that behooves the District
to recommend to this Committee that they
develop legislative programs that will provide
for the monitoring of the surface casing pro-
grams, and of the abandonment and plugging
procedures of all oil and gas wells, and test wells
in Texas. The District would also recommend
the maintenance of a record of the absolute
location of all oil and gas wells drilled in the
State.
The District recommends that pressure record-
ers or gauges be installed to record the annular
(between the surface casing and the long string,
or production tubing) pressure in all producing
wells in oil fields under waterflooding or pres-
sure maintenance programs, and that pressure
records be kept thereof.
The District also recommends that no wells be
used for fluid injection purposes, that do not
possess pressure monitored annular space be-
tween the surface casing and the injection tub-
ing, or other casing in the well.
The District further recommends that selected
wells be maintained in abandoned oil and gas
fields, wherein the pressures) in the abandoned
zone(s) can be monitored.
VI-WILLINGNESS TO PAY PROJECT COST
The willingness of the municipal water user to
pay for surface water development projects has
been demonstrated time and again throughout
Texas. A classic example of this willingness to
pay is exemplified by the City of Lubbock. Near-
ly five years before the receipt of the first sur-
face water from the Canadian River aqueduct,
the citizens of Lubbock voted upon themselves
an increase in their groundwater use fees, to
provide for the interim financing of a surface
water treatment plant. This modern water treat-
ment plant at Lubbock, treating water for a
total of 7 cities on the Canadian River System,
was nearly paid for before the first surface wa-
ter was ever delivered to same. This is a classic
example of the municipal water users willingness
to pay their share of water development costs.
The industrial water users capacity to pay for
water development is almost always dependent
upon a cost to profit ratio that must be deter-
mined for each industry. In some cases the mu-
nicipalities deriving other benefits from the in-
dustry are capable of assuming some of the in-
dustry's water costs, in order to derive the bene-
fits of the industry's location in their area. This
is a mutual and fair adjustment in their water
use capability to pay, and there is no reason to
restrict or limit such adjustments in water users
rates where they are applicable or beneficial.
Agricultural water, because of the magnitude
of the volumes required, provides some obstacles
to the irrigator's capacity for repayment. How-
ever, in the High Plains of Texas, the area's
economy is almost totally dependent upon agri-
cultural development. Therefore, it is not un-
reasonable to expect that the people in the area
will recognize this dependence, and provide their
fair share of the cost of water development for
such agricultural use-this is the same as the
municipality aiding the industry.
The willingness of this area's irrigators to pay
the principal share of such projects can be am-
ply demonstrated by looking at their record forassuming their rightful responsibilities for water
development and conservation. Only within the
High Plains of Texas are there underground wa-
ter conservation districts organized under Article
7880-3c. In this area, the irrigators voted upon
themselves a tax-supported, regulatory agency-
with such broad powers as to prorate the produc-
tion of water from the landowner's wells-in or-
der to provide for the protection and water con-
servation services of such districts. Nowhere else
in the State of Texas have the groundwater own-
ers with similar problems assumed their own re-
sponsibilities as have the irrigators in the High
Plains of Texas. We believe this is documentary
evidence of this area's irrigators willingness to
assume their responsibility for repayment of the
costs of surface water delivered to this area.
It has been a distinct pleasure to address this
honorable Committee. The District and I stand
ready to assist this Committee in any way that
they should request of us. Thank you gentlemen,
for your courtesy in listening to my statement.
I hope you will consider some of it with some ex-
pertise, and all of it in the honestly, truthfully
felt opinions, and sincerity with which it has
been presented.-t Sh g Se r tar arjl Fresh Winter Tanks
I r~jttbOr Pressurer Oil Storage Tanks and Pumping Statln
IJuly, 1970
sections. In 1966, I resigned to become the Dis-
trict's Chief Engineer, and then its Manager in
1969. I am a Registered Professional Engineer
in Texas, and a member of the Texas Society of
Professional Engineers.
With this short resume of my background, I
hope that the Committee will be kind enough to
consider me an expert in some facets of my
statement today; and to otherwise do me the
courtesy of listening to my remarks on subjects
which I can not honestly claim expertise.
I have arranged my statement to speak only
on, and in the order of, the subjects outlined in
the agenda for this hearing that was attached
to Chairman Allen's letter of June 10, 1970.
I-AREA WATER REQUIREMENTS
I was employed by the Texas Water Develop-
ment Board during the time the Texas Water
Plan was being conceived, studied and developed.
Although I did very little work on the plan, it
was my pleasure to observe the dedication, en-
thusiasm and competence of the many Texas
Water Development Board employees who did
make the work on this plan the major part of
their lives for over two years.
Do not believe that with these State employees
the day started at 8:00 a.m., or ended any where
near 5:00 p.m.-it was twelve-hour days, few
holidays or vacations, and only Sunday revered.
Knowing these things makes me less than tact-
ful in my judgment of those guilty of attacking
the Texas Water Plan like a mountain-just be-
cause it is there.
The State's function in water resource develop-
ment and implementation must necessarily be
that of the directing role, since this is a State-
wide function. The integration of the functions
of Federal agencies and their participation in
the Texas Water Plan are provided in the Plan;
particularly as an integral role for meeting water
requirements that can not be met with In-State
supplies. This integration of the Federal Gov-
ernment into the Plan is a classic example of its
flexibility.
In respect to flexibility, it is our opinion that
the democratic procedures that were originally
provided for financing the implementation of
this Plan made it both flexible and defendable,
from the standpoint of equality to all of the
State's citizens.
I fear that the word "flexibility" is getting to
be more and more used, but less and less under-
stood; such as is the word "freedom." Any en-
gineer can tell you that a steel ball is more
"elastic" than a rubber one, however, try to tell
that to a person that has just been hit by a
steel ball.
There is nothing flexible about a dam, but
there is flexibility in a dam planned for and in-
tegrated in a planned system of water develop-
ment. If the staff of the Texas Water Develop-for restrictions on the beneficial use of potable
water. If water is being put to beneficial use,
such use should not be restricted. This position
is tempered only by the realization that in some
cases brackish or saline water could best be used
to conserve potable water in short supply. Such
uses could include waterflooding or pressure
maintenance of oil reservoirs, cooling water, and
other limited uses.
The economics of the use, and the availability
of fresh water, should dictate to the user the
conditions for restricting the use of potable
water.
The recodification of water laws of Texas
should, if accomplished without substantive
changes, make these laws more understandable
and administerable. There are probably some
overlapping and duplication of charges within
the water laws of Texas, that may require fur-
ther study by this Committee, and possible sub-
stantive change to clarify and apply same. How-
ever, substantive changes in established law are
the prerogative of only the Texas Legislature;
and they should be accomplished only through
and by the consent of the Legislature.
HI-RESEARCH RELATED
TO WATER RESOURCES
The universities in Texas have, through the
Water Resource Research Centers, developed
some very capable and useful water resource re-
search capabilities. Unfortunately, in Texas,
there is no provision for the State funding of
the amount of water resource research that is
needed. The vast resources of knowledge avail-
able through these universities is not now being
beneficially utilized to seek solutions to specific
problems of water resource development in Texas.
Therefore, the District would recommend to this
Committee that the Texas Legislature explore the
possibility of the State funding water related re-
search through the universites, and other organ-
izations capable of performing such research.
There are numerous artificial recharge studies
now in progress. The District took the lead in
this field of study as early as 1954; today there
are nearly 10 universities and other government-
al agencies involved in this type of work in the
High Plains area. However, there is one facet
lacking in this artificial recharge research ac-
tivity-that being the research into the econom-
ics of such practices. All of the organizations
involved with artificial recharge are concerned
only with the physical aspects of such practices;
they have not made adequate surveys of the
economics of their methods. This field, the field
of artificial recharge research, is wide open and
it will become one of the primary areas of re-
search interest; because the subsurface storage
of surface water supplies shall become an un-
avoidable necessity. In this respect, I would urgeWater~ ~ ~ ~ ~~~~~~I Floo Ineto WelOeoAw nteWiae am
"~~ -n t
1 G .- - -
ry -
- ....._
Water Flood Injection Well--One of two on the Whitaker farm.
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View four pages within this issue that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
High Plains Underground Water Conservation District No. 1 (Tex.). The Cross Section, Volume 16, Number 7, July 1970, periodical, July 1970; Lubbock, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1532944/m1/3/?q=%22~1%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.