FAQ: Understanding the Proposed Nueces Groundwater Conservation District (NGCD)
Public Information on Purpose, Process, and Groundwater Management Framework
The following questions and answers are provided for informational purposes to help the public understand the proposed Nueces Groundwater Conservation District (NGCD), its purpose under state law, and the regulatory process that governs its potential formation.
What is the purpose of the proposed Nueces Groundwater Conservation District?
The proposed district’s stated purpose is to provide for the conservation, preservation, protection, recharge, and prevention of waste of groundwater and groundwater reservoirs within its boundaries, consistent with the authority granted under Chapter 36 of the Texas Water Code.
Additional purposes include:
Managing groundwater withdrawals to reduce the potential for subsidence;
Promoting the efficient use of groundwater resources; and
Maintaining the long-term availability of groundwater for existing and future users.
Groundwater is a significant resource for landowners, residents, industries, agricultural producers, and municipalities in the area. The creation of a local district would establish a framework for locally based management in coordination with the Texas Water Development Board (TWDB) and the Texas Commission on Environmental Quality (TCEQ).
Why are locally governed groundwater districts important in Texas?
The Texas Legislature has designated groundwater conservation districts (GCDs) as the preferred method of groundwater management in the state.
If approved, the proposed district would be governed by an elected board of directors, operating under Chapter 36 of the Texas Water Code. The district would be required to develop and maintain a Groundwater Management Plan that addresses:
Conservation and efficient use of groundwater;
Subsidence control;
Natural resource protection;
Drought management; and
The relationship between groundwater and surface water.
The district’s role would be to implement a science-based and transparent framework for managing groundwater within its jurisdiction, consistent with state law and regional planning processes.
Who decides whether the NGCD is created?
The Texas Commission on Environmental Quality (TCEQ) reviews petitions from landowners seeking to create new districts.
A public meeting allows residents to share input before TCEQ makes a decision.
If approved, a confirmation election will be held in which voters within the proposed district boundaries decide whether to officially form the NGCD and grant it permanent authority.
What is the timeline for potential creation and operation of the district?
The proposed district is currently under review by the Texas Commission on Environmental Quality (TCEQ).
If approved, TCEQ would appoint a temporary board of directors with limited administrative and operational authority.
After that, a confirmation election would be held within the proposed district boundaries.
If voters confirm the district, it would receive full regulatory authority as defined under Chapter 36.
A permanent board of directors would be elected at the same time.
In general terms:
Limited authority would take effect following TCEQ approval.
Full authority would begin only if voters approve the district in a confirmation election.
The timing of these steps depends on the TCEQ’s review schedule and the subsequent election process.
What happens to existing wells once a Groundwater Conservation District is created?
According to guidance from the Texas Commission on Environmental Quality (TCEQ):
“When a GCD is created, it becomes the primary regulatory authority over groundwater within its boundaries. Even if a well was drilled before the district was established, the district generally has the authority to adopt rules that may affect how groundwater is produced. Once a district is in place, it may set spacing requirements, pumping limits, or other rules to manage groundwater resources if monitoring indicates drawdown or other aquifer impacts.”
This means that, under Chapter 36, a GCD may adopt rules applicable to both existing and new wells to ensure consistent groundwater management within its jurisdiction.
What standards or requirements apply to district board members?
Members of a GCD board are subject to eligibility and ethical standards established in the Texas Water Code, including:
Affidavit of Eligibility – TWC § 36.051
Affidavit on Conflicts – TWC § 36.058
Affidavit of Registered Voter Status – TWC § 36.059(b)
Additionally, all GCDs are subject to the Texas Open Meetings Act and Texas Public Information Act, which require transparency in meetings and records except for limited executive-session discussions permitted by law.
Professional staff or consultants (such as hydrologists, attorneys, or engineers) may be engaged to assist the district with technical, legal, or administrative functions. The Texas Water Development Board also provides ongoing legal and technical assistance to districts statewide.
How is Modeled Available Groundwater (MAG) determined?
Modeled Available Groundwater (MAG) represents the maximum annual volume of groundwater that can be produced while achieving the Desired Future Conditions (DFCs) adopted for each aquifer.
DFCs describe the desired condition of an aquifer at a future date, based on scientific modeling and approved by regional groundwater management areas (GMAs).
The most recent TWDB update for Groundwater Management Area 16 (GMA 16), which includes Nueces County, was finalized in August 2022.
Public information indicates that:
If every groundwater project currently anticipated in Nueces County were to come online at its published maximum production, the total projected demand could exceed the county’s MAG by approximately 90,000 acre-feet per year.
This figure represents a theoretical maximum scenario, reflecting the combined potential production reported by various entities. It does not indicate that all projects will operate simultaneously or at full capacity.
Growth forecasts along the U.S. 77 corridor in Nueces County suggest potential increases in industrial and municipal water demand. Current data indicates that groundwater resources alone may not be sufficient to support all projected future needs, emphasizing the importance of coordinated planning among local, regional, and state entities.
Additional details on how MAG values were determined for each county in GMA 16 are available through the Texas Water Development Board.
A comparison of Nueces County’s 2030 Modeled Available Groundwater (MAG) to anticipated project volumes based on publicly available data. Current projections indicate potential groundwater use could exceed the county’s MAG by more than 90,000 acre-feet per year, according to figures published in the 2026 Region N Water Plan. This illustration highlights the importance of regional planning and coordinated groundwater management to ensure long-term aquifer sustainability.
What steps follow if the district is confirmed?
If the district is approved by voters, it would proceed to:
Adopt bylaws and administrative procedures;
Develop a Groundwater Management Plan consistent with state standards; and
Begin the rule-making process, which includes public notice, hearings, and opportunities for stakeholder input.
These steps would occur under the oversight and guidance of applicable state agencies.
How can I participate or support the NGCD?
Residents can stay involved by:
Submitting comments to TCEQ during the petition review;
Attending public hearings once they are scheduled; and
Staying informed through local news, community meetings, and the Nueces Groundwater Facebook page.
Public participation ensures that local voices are heard throughout the process.
How will the NGCD affect my property rights?
Groundwater ownership in Texas is based on private property rights, but production is subject to reasonable regulation to ensure the aquifer’s sustainability.
The NGCD’s structure is designed to:
Protect groundwater ownership;
Prevent waste or contamination; and
Promote balanced use among landowners and communities.
The goal is responsible management, not restriction.
How will the NGCD benefit the community?
If established, the district would:
Help ensure long-term groundwater availability;
Protect water quality through monitoring and management;
Support agriculture, industry, and residential water needs; and
Encourage responsible growth and conservation aligned with regional and state water plans.
Where can I find more information?
TCEQ Groundwater Conservation District FAQs: https://tgpc.texas.gov
Texas Water Development Board – Region N Planning: https://www.twdb.texas.gov/waterplanning/rwp/regions/n/index.asp
Local updates and announcements: Nueces Groundwater Facebook Page
Summary
The proposed Nueces Groundwater Conservation District is part of a statewide framework designed to allow locally governed management of groundwater resources. Its potential formation would align with Texas Water Code Chapter 36 and the TWDB Region N Water Plan, providing a process for coordinated, science-based, and transparent groundwater management.
