Desired Future Condition (DFC) FAQs
- Can a groundwater management area be sued over approved desired future conditions? Who will represent the groundwater management area in court?
- What is the TWDB's role in developing statements of desired future conditions?
- How long will it take to get results from groundwater availability model runs?
- What if the District already has their future desired condition set and have calculated their modeled available groundwater, do they have to change it?
- What is the maximum number of petitions allowed with the TWDB on the determination of desired future conditions?
Answers to Frequently Asked Questions
1. Can a groundwater management area be sued over approved desired future conditions? Who will represent the groundwater management area in court?
The Texas Water Development Board does not believe a groundwater management area is a legal entity or "person" that can be sued. It is merely an area drawn by the Board pursuant to statutory requirements. Therefore, the Board does not believe it is possible to sue a groundwater management area, since there is no governing body or legal representative to sue.
2. What is the TWDB's role in developing statements of desired future conditions?
If requested, TWDB will assist districts in identifying and accessing technical information and data necessary to develop and evaluate desired future conditions statements (Texas Water Code §36.1081). TWDB provided groundwater modeling services for development of initial desired future condition statements, but is currently unable to continue this service due to limited staff availability. If requested, TWDB will help districts identify qualified contractors to conduct modeling runs.
3. How long will it take to get results from groundwater availability model runs?
The time required to conduct groundwater availability model runs depends on the number of aquifers, complexity of pumping scenarios, interaction with neighboring groundwater management areas, and other factors. TWDB staff typically required several weeks to perform modeling runs to support the initial development of desired future condition statements. TWDB recommends that districts consult within qualified groundwater modeling contractors to identify the schedule and costs of performing model runs.
4. What if the District already has their future desired condition set and have calculated their modeled available groundwater, do they have to change it?
If a single district has set their future desired condition, they still must participate in the joint planning with the other districts in their groundwater management area. The condition selected by the single district may be changed by a vote of all of the districts in the groundwater management area pursuant to law.
5. What is the maximum number of petitions allowed with the TWDB on the determination of desired future conditions?
There is no maximum number of petitions set by statute. The TWDB must accept each petition as long it meets the following conditions: 1) the petition meets all the requirements in Texas Administrative Code §356.41, 2) issues raised in the petition may not have been previously considered by the board for the particular desired future condition, and 3) the petition must be submitted to TWDB within 120 days following the date the districts in the groundwater management area collectively adopt the desired future condition.