KCGCD board refused to consider drought plan
A story about the board's refusal ran in the June 20, 2024 issue of the Kinney County Post.
Stories about the groundwater board appointing a rules committee to make a drought plan also appeared in the Jan. 25 and March 28 issues of the Post. A related story ran Nov. 23, 2023 (when district hydrologist Dr. Bill Hutchison told the board that by law, it only had to manage to the DFC, not have a drought plan. The spring’s DFC failed in 2023. Hutchison finalized a report on that in June, 2024). Another story ran Feb. 22, 2024.
Despite the county being in the grip of severe drought, Kinney County Groundwater Conservation District board members refused in June this year to even look at a drought plan that was developed by a committee the board itself appointed. The committee had invested hours of work.
This when the citizens of Fort Clark Springs were under watering restrictions. The citizens of the City of Brackettville were about to go under watering restrictions. The Kinney County Commissioners Court had declared a disaster. Las Moras Spring had been dry for more than two months.
In fact, thousands of groundwater district taxpayers were under watering restrictions through this summer while irrigators who hold KCGCD water permits were not restricted at all. Some pumpers contend that taxpayers who depend on water utilities must follow different rules because of state law.
06-12-2024 KCGCD meeting: board refuses to consider drought plan
See 7:01 for public comments
See 1:00:00 for Director Charlie Gaines’ description of the committee and 1:06:39 for board refusal to move on plan
Video by Adam Olson for the Las Moras Springs Conservation Association
The groundwater board appointed the committee in January this year, both to come up with new rules as well as a drought plan. The district had not had a drought plan on its books for 23 years. This was despite the fact that the district’s management plan - which is required by the state and contains the book of rules - refers to the district’s drought plan. The 2010 rules mention the district’s “drought contingency plan” several times. Same with the rulebook the district adopted in 2023.
On the rulebook’s cover appears a mission statement. This mission clearly vows to manage the production of groundwater without making worse the drying up of springs and intermittent streams.
Las Moras Spring dried up for four solid months this summer, longer than ever in recorded history.
Click here to see the 2023 plan with its rulebook:
But a drought plan was not to be. The rules committee first came together in a spirit of optimism but eventually polarized into two sides, “irrigation” and “conservation.” The committee, which consisted of Pct. 1 Director Charlie Gaines, permit holders and ranch managers who irrigate, and local conservationists who belong to the Las Moras Springs Conservation Association, did not agree on drought plans. After at least six meetings, each of which lasted more than an hour, the conservationists had one plan and the irrigators had another.
The irrigators did not want their plan to be made public, Gaines said. (See 1:08:31 in the 06-12-2024 meeting).
The conservationists drew up a plan, called a Critical Period Management Plan, and made copies for the public and the groundwater board. They had an attorney who specializes in water law review it. She agreed the plan was legal.
Several times, Gaines noted that the groundwater board could look at any plan the committee came up with and add to it or delete from it, and accept it or not as it saw fit.
However, it was suprising when the board rejected the drought plan outright. Board members did not talk it over or show the least interest in the first plan they had to look at in years. Neither did the board say anything about asking the district’s attorney to review it to see if parts of it could be implemented in a different plan.
Instead, the board appointed yet another committee - consisting of three groundwater board members - to develop a drought plan. The board anticipated having a plan ready by the end of the year.
Note that Director Richard Barthels, the incumbent running for the Precinct 4 position on the groundwater board, served on the rules committee. Director Barbara “B.J.” Eckenrod, the incumbent running for the FCMUD at Large position on the groundwater board, also serves on the FCMUD board, which administers the Fort Clark MUD water utility. FCMUD was the first utility to impose water restrictions.
KCGCD Rules Committee members:
(This is cropped to remove phone numbers)
KCGCD Rules Committee meeting videos
02–01-2024
Charlie Gaines explains the committee’s functions and has members introduce themselves
02-12-2024
Gaines hands out rules suggested by Dr. Bill Hutchison
02-29-2024
Gaines asks members to introduce themselves due to new members joining committee
03-11-2024
Committee member David Conoly presents Critical Period Management Plan
04-11-2024
Dr. Bill Hutchison talks about details in the Critical Period Managment Plan
05-08-2024
Last meeting before drought plan and rules are presented to the groundwater board
All videos by Adam Olson for the Las Moras Springs Conservation Association
Pct. 1 Director Charlie Gaines asked for a clarification of some things from that June meeting, including that it wasn't "irrigators" who didn't want their drought plan made public, it was the more moderate of the committee members who didn't care to be targeted by one side or the other. Also, Gaines wanted to point out that when he asked the entire board if they were in favor of creating a drought plan, all seven directors raised their hands. "So they do care," Gaines said. "Everybody wants the spring to flow. Everybody needs to give a little and take a little."
Perhaps some voters who attend the incumbents’ pow wow this Sunday might asks their hosts’ some pertinent questions about their strategies and tactics to remain in power? Also, can anyone explain to me what an “ honest aquifer” is? This declaration of the honesty of an aquifer on the incumbents’ website is idiotic. As are they.