East Texas county leaders are advancing a proposal to establish a regional groundwater conservation district, citing an urgent need to protect the area’s water supplies. The district would serve as the sole legal mechanism for counties to prevent the overuse of finite groundwater resources.
Gregg County Judge Bill Stoudt emphasized the necessity of the district this week, stating that without groundwater protection, the region’s lakes, rivers, and streams would also dry up. He underlined that the initiative is not a preference but a requirement for safeguarding water for future generations.
This regional effort comes as water planners and corporations from the Dallas-Fort Worth area are targeting East Texas for approximately 90 high-capacity water wells to supply the growing metroplex. Local leaders fear these wells could significantly deplete the Carrizo-Wilcox Aquifer, which is a major water source for cities, towns, farms, and homes across East Texas.
The proposed district, which currently includes 14 East Texas counties with three more expected to join, would put "guardrails" on groundwater usage. Among the counties anticipated to participate are Gregg, Smith, Harrison, and Upshur. Judge Stoudt discussed the district’s purpose with Longview civic and business leaders on Wednesday during the monthly Longview 20/20 Forum at Pinecrest Country Club in Longview.
Currently, groundwater in Northeast Texas is unregulated, meaning any entity can drill large commercial wells and pump water without restriction, regardless of potential long-term impacts. This lack of regulation, combined with Texas’ longstanding “rule of capture” law, allows water to belong to whoever can pump it fastest.
The primary functions of the proposed groundwater district would include studying the aquifer and approving or denying permits for commercial wells. It would regulate these commercial operations, not private wells used by homes or farms. Stoudt stated this initiative is specifically directed at preventing commercial overuse of underground water.
Every five years, the district would conduct studies of the aquifer to determine its depth and establish how much water can be pumped annually to prevent depletion. Groundwater supplies can be rapidly exhausted, but take hundreds or even thousands of years to naturally replenish. Through various legal procedures and tools, such as well registration, construction standards, spacing requirements, and reporting, the district would work to maintain aquifer levels. This regulatory power could prevent entities from acquiring large tracts of land to drill numerous high-capacity wells too close together or to pump water outside the region.
Judge Stoudt noted that the district would provide negotiating power, allowing regional leaders to ensure that any approved drilling does not overburden the aquifer. If the aquifer level drops due to excessive pumping, homes and businesses may need to drill new, deeper wells. This situation is already evident in West Texas, where the Ogallala Aquifer is rapidly declining, impacting agriculture.
To become official, the district must be created in conjunction with the Texas Water Development Board. State lawmakers will need to vote to approve it during the next legislative session, which begins in January, and the governor would then need to sign the measure into law. Stoudt expressed confidence in securing legislative support, with East Texas lawmakers expected to inform their counterparts across the state about the regional need.
Funding for the district will come from fees levied on commercial wells, including water supply districts, cities that utilize groundwater, and other commercial wells within its jurisdiction. This means customers of water supply districts and cities using groundwater wells may see a slight increase in their water bills, with estimates from advocates like Upshur County Judge-elect Brandon Dodd suggesting fees of $3 or $4 per month per household. Private well users for homes and farms will not incur these fees.
Adequate funding is considered essential for the district to defend against potential lawsuits from entities whose well permits are denied. The district will employ staff to prepare reports, conduct studies, and process well applications, while the district’s board—likely composed initially of county judges—will be responsible for approving or denying these applications.
