WEBVTT

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(BACKGROUND NOISE)

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KRISTIE: Good morning.

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Can you all hear me OK?

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EVAN: Yeah.

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We can hear you fine.

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KRISTIE: Thanks, Evan.

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(CLICKS MOUSE) Well, good morning.

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Thanks for attending our
BGPZ Amendment guidance

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meeting for stakeholder feedback today.

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I know you probably have many other
things you can be doing now,

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so I appreciate you taking
the time out to be here.

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FYI, my portion of this presentation
is about 20 minutes long.

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My name is Kristie Laughlin.

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I am the new BRACS program manager.

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I was the project manager for
the Blossom and Nacatoch BRAC Studies

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a few years ago when I was with
LBG-Guyton and Associates.

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I have been with TWDB BRACS
program for about three years,

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and I've been the manager
for about three months.

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(CLICKS MOUSE) Well, sorry, slide mishap.

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OK.

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So, first I'll give you a brief
overview of TWDB BRACS and BGPZs.

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Then we will review
the general amendment guidance,

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and the previous poll
feedback from last year.

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I have a couple o' new
polls for you today,

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and would like your ideas also
for some new web content.

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And I will be asking for
additional questions you

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may have a few times
during this presentation.

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(CLICKS MOUSE) So, what is
the Texas Water Development Board?

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We were created in
the 1950s after the drought

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of record to research our water sources,

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plan for drought and growth,
and provide the funds

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to implement the strategies in the plans.

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Flood planning in response
to Hurricane Harvey

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is the newest program for the agency.

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We're not a regulatory
agency like the TCEQ.

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Our science focuses on
groundwater, surface water,

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innovative water technologies,

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conservation, flooding,
and groundwater-surface water interaction.

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For planning, we assist
with regional water,

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flood, and drought planning,

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which are all incorporated
into the state water plan.

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And funding.

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We assist the implementation of
numerous flood, water infrastructure,

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and conservation projects with funding.

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(CLICKS MOUSE) The BRACS program.

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We aim to map groundwater
salinity zones and estimate

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the in-place storage volumes
in brackish aquifers.

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Our purpose is to provide our
stakeholders basic information

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about brackish groundwater resources,

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such as production zones
and volume estimates.

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Using the public process we solicit data

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from stakeholders for our studies,

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and solicit input for guidance
documents like we're doing today.

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Our mapping data is publicly available.

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Reports, project GIS pages,
and the BRACS database are

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available for download
from our BRACS web pages.

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(CLICKS MOUSE) So,
the background on brackish

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groundwater production zones.

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In 2015, the 84th Texas
Legislature passed House Bill 30,

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which established statutory mapping
criteria and directed the TWDB

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to identify and designate brackish
groundwater production zones.

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In 2016, four contracted
studies were completed,

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and eight brackish groundwater production

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zones were designated by the TWDB.

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The four contracted studies
were done for the Blaine,

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the southern portion
of the Carrizo-Wilcox,

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and the, the Gulf Coast aquifer,

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excluding the Lower Rio Grande
Valley and the Rustler.

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The Blaine did not have
any BGPZs designated.

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SPEAKER: (AUDIO DISTORTS) (INAUDIBLE)
do anything here.

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KRISTIE: At that time.

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(CLICKS MOUSE) Alright.

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OK.

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So, in 2019 there were 23 more
BGPZs designated by the TWDB.

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Those were done in three
aquifers, which are the Blossom,

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the Nacatoch, and
the Northern Trinity aquifers.

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Senate Bill 1041 was passed in 2019 also,

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which extended our deadline to complete

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all our BRAC studies and designate
BGPZs for all of our studies.

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(BACKGROUND CHATTER)

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KRISTIE: It extended it to December 2032,

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and we definitely needed that extra
ten years to complete this work.

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House Bill 722 was passed in 2019 as well,

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which established a permitting
framework for GCDs to develop

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water supplies from brackish
groundwater production zones.

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(CLICKS MOUSE) So, what is a BGPZ?

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A brackish groundwater production zone

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has the potential for moderate to high

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volume production in areas that meet
House Bill 30 statutory criteria.

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(BACKGROUND NOISE)

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KRISTIE: Could everybody please
mute their microphones?

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Thank you.

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SPEAKER: Muted, right?

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(AUDIO DISTORTS) (INAUDIBLE).

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KRISTIE: So, a brackish groundwater production
zone has defined boundaries

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such as the footprint
and depth boundaries as well.

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And it also has an annual
production volume.

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So, for example, the 2016 BRAC study of

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the Rustler designated a BGPZ called Rus1,

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which encompasses the Magenta
and Culebra Dolomites,

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and the Los Medanos
limestones of the Rustler

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aquifer within the BGPZ footprint.

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The annual production
volume from this zone

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is approximately 2500 acre-feet per year.

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And the Rus1 shapefile
with the elevation, depth,

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and thickness attributes
for each grid cell

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is available on the BRACS, BGPZ web page.

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(CLICKS MOUSE) So, moving
on to the amendments,

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Texas Administrative Code Rule 356.70(d)

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allows the TWDB to initiate
amendments to BGPZs

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with full disclosure of justification,

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and outreach for stakeholder input.

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But we likely won't initiate any
amendments on our side until

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after we complete all our
work that's due by 2032.

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That would be all the studies and brackish

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groundwater production zone designations.

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The rule allows GCDs to request amendments

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to brackish groundwater production zones,

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which shall include
a justification and documentation

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supporting the requested amendment.

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There are also states that
the agency will publish guidance

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discussing the timing for
considering amendments.

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We would like to revisit
stakeholder input today

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regarding the timing for
amendment decisions.

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(CLICKS MOUSE) So, what
is a BGPZ amendment?

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Well, basically, it's
a change to the boundary.

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It can be the footprint
boundary or depth boundaries,

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which could make
the zone larger or smaller.

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It could be changes to
the annual production volume,

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which may increase or decrease.

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And any amendment is subject
to the statutory criteria

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that is established by House Bill 30.

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(CLICKS MOSUE) Who may
request the BGPZ amendment?

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It can be a groundwater
conservation district,

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a group of districts, an individual,

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a driller, or any other entity
working through a district.

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For BGPZs that span multiple
districts, we will require documented

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consensus of the request
from all associated GCDs.

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And this actually, applies to
most of the designated BGPZs.

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The only exceptions are the Blossom
and the Nacatoch aquifers,

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because there are no GCDs
overlying those aquifers.

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(PUNCHES KEYBOARD) (CLICKS MOUSE) So,
why would you wanna amend a BGPZ?

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You may have newly available aquifer data

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like pump tests or water levels.

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You may have identified
agricultural, domestic,

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or municipal wells that
were not identified

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prior to the designation of the BGPZ.

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There may be additional
injection or disposal well

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data permitted under Texas
Water Code Chapter 27.

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There could be an injection
zone buffer radius change,

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which is something we will
be working on in the future.

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You could have data showing that there
is insufficient hydrogeological

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barrier between the brackish
and freshwater portions of the aquifer.

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Or you may have improved
models to estimate

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brackish groundwater production.

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(CLICKS MOUSE) So, what
documentation should you submit?

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It could be well construction
information, water quality analyses,

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water level measurements,
geophysical logs,

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pump test results, groundwater models,
and any other non-proprietary

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data that supports the amendment request.

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(PUNCHES KEYBOARD) (CLICKS MOUSE)
The documentation must support

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your reason for your request,
and it should be non-confidential.

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So, for example, if
the request is due to not having

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a complete water well inventory
of existing domestic,

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municipal, or agricultural wells at
the time of the BGPZ designation,

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we would need well
reports with information

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including drill dates, water use,

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location, total depth,
and well construction information.

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(CLICKS MOUSE) Does anybody have questions

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before we move on to the poll results?

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You could type them in
the chat, or unmute and just ask.

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JAMES: Can I ask 'em verbally?

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KRISTIE: Sure.

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JAMES: OK.

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So, this is James Harcourt with
the Railroad Commission...

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KRISTIE: Hey, James.

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JAMES: Hey.

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So, with these BGPZs,
so in a county that doesn't

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have a GCD that doesn't matter, right?

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'Cause I, I think like, half
the counties have GCDs,

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half the counties don't.

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That's irrelevant though, right?

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KRISTIE: Correct.

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JAMES: OK.

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And then the next one was
when you drill wells...

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When wells are drilled into
brackish production zones, they,

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they then hit your water data
interactive map pretty quickly.

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Is that right?

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As part of the completion process?

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KRISTIE: Just say that again.

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JAMES: OK So, right now, when
water wells are drilled,

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the only way that
the Railroad Commission knows

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they're there is we see 'em on
the water data interactive map,

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which TWDB maintains.

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It's a layer that we include...

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KRISTIE: Correct.

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JAMES: OK.

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And so, my assumption is you do
the same thing for brackish wells.

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It doesn't matter when a well
is drilled, if it's brackish,

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it goes, it goes in that water
data interactive, right?

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KRISTIE: Yes.

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JAMES: OK.

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Good.

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And then, obviously, these BGPZs are not

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a category or class of aquifers of Texas.

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They're a, a different
animal entirely, right?

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KRISTIE: Well, they would be (UNKNOWN)
from the designated

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aquifer boundaries that we have now.

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JAMES: So, I asked that question for a reason.

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And that is that we protect minor
and major aquifers of Texas,

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but we don't protect brackish
groundwater production zones.

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So, if those were suddenly
to become something of

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a class or a category of
major or minor aquifers,

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I don't know how that would affect things.

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But right now we don't protect 'em, and,

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and that's just a statement, so.

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KRISTIE: OK.

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Oh, I do have an update
for you, though, James.

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We did request that
the BGPZs be added to the WDI,

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the water data interactive.

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So, those will become available as soon as

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IT gets around to getting those uploaded.

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So, that should help you all...

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JAMES: Yes.

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KRISTIE: With (AUDIO DISTORTS) (INAUDIBLE).

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JAMES: Thank you.

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KRISTIE: Any other questions?

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Oh, Tim.

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'How is the annual production
amount for a zone calculated?

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How does that value relate to MAGs?

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Are zone designations limited
to GeM model layers?'

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The annual production amount is in
addition to the value of a MAG.

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How they're calculated is
with specific storage,

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store activity values,
thicknesses, porosity.

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'Are zone designations limited
to, to GeM model layers?'

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We make our own layers.

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TIM: Hi, this is Tim Andrews.

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Maybe I can add some clarity
to those questions.

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So, for example, in
the previous slide you indicated

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one of the zones had a production...

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Annual production volume
of 2500 acre- feet.

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I guess my question is, what
impact, if that volume of

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water was produced annually
on a continual basis,

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what impact would that have
on aquifer conditions?

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Presuming that an aquifer was the DFC,

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desired future condition for
an aquifer was based on,

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let's say, drawdown values?

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KRISTIE: Well, the models were set up to
assume that there would be no impact.

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TIM: Yeah.

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KRISTIE: And those could change in
the event that, like I said,

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if we find out that there
is no hydrogeological

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barrier between those portions,

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then that would be subject
to an amendment request.

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TIM: Oh, OK.

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So, the designation of these
zones presumes that there are

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confining barriers between
the designated zone depths,

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and the other portions of
the aquifer if it, if it lies within...

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KRISTIE: Correct.

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TIM: Yeah?

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OK.

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Pretty good.

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I understand.

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KRISTIE: Any other questions?

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OK, So, moving on to poll results,

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This is the poll we conducted
in June last year.

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Alisa did that meeting.

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And (INAUDIBLE) just wanted to go
through the questions and the results.

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Question one was just, if you would
anticipate requesting an amendment.

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And the reason we ask
this is just to kinda

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get an idea of what might be coming at us.

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(CLICKS MOUSE)

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Question two was, if amendments
were gonna be decided by

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a board member action
or executive administrative action.

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A board action kinda is
logical because the board

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designates the BGPZs, but the, but the...

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It has less flexible timelines.

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Whereas executive administrator
action would be more flexible.

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(CLICKS MOUSE) Question three
was, do you prefer option A or B?

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Option A was major, minor split.

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You could submit 'em at any time.

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Option B was a more structured timeframe,

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with a five-year cycle,
and no major, minor split.

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(CLICKS MOUSE) And then
the other two questions had to

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do with the proposed
timeframes for option A and B.

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Option A was six months for
a minor amendment request

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decision after complete data was obtained.

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And then two years for
a major amendment request

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decision after complete data is obtained.

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(CLICKS MOUSE) And option
B is a five-year cycle,

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with the first two years focused
on obtaining complete data,

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and amendment decisions delivered
at the end of the cycle.

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So, those are the five questions
that you all were polled on.

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SPEAKER: And those results were that
20% of participants said

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that they anticipate
requesting an amendment.

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So this is really good
information for us to have.

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As far as being decided by a board
member action, nearly 70% said no.

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So it will be an executive
administrator action.

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It'll be structured as an addendum
to the BGPZ documentation.

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Option A or option B, over
80% preferred option A.

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So that we are gonna go with
the major minor amendment split

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regarding the time proposed
timeframes for option A,

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which was six months for
a minor amendment request

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and two years for a major
amendment request.

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50% said that was too long.

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And then question five
isn't applicable now since

33:20.810 --> 33:24.380
nobody who's really
thrilled about option B.

33:30.030 --> 33:36.750
So, the considerations that we had
were trying to determine major

33:36.750 --> 33:41.565
and minor amendment timeframes
were reasonable timeframes.

33:41.565 --> 33:45.436
We retained six-month
and two-year decision time

33:45.436 --> 33:48.420
windows based on airing conservatively.

33:48.420 --> 33:53.730
Wanted to make sure we have adequate
time to address all the impacts,

33:53.730 --> 33:56.850
whether they're obvious
or somewhat nuanced.

33:56.850 --> 34:00.487
And then we also wanna stay on
track with our existing workload,

34:00.487 --> 34:04.470
which is significant
given the amount of time

34:04.470 --> 34:06.690
we have left and
the amount of work we have.

34:06.690 --> 34:11.790
But we would also like to get your
input as another consideration

34:11.790 --> 34:14.969
before we finalize the guidance document.

34:18.540 --> 34:23.372
Are there any questions
about the poll results?

34:31.404 --> 34:36.250
OK, so I'd like to give you
an example of what a major

34:36.250 --> 34:38.820
or minor amendment
example might look like.

34:38.820 --> 34:44.800
So, an example of a minor
amendment would be a relatively

34:44.800 --> 34:50.347
insignificant footprint
change due to agricultural,

34:50.347 --> 34:54.520
domestic, or municipal laws
that were not identified

34:54.520 --> 34:57.735
prior to the designation of the BGPZ.

34:57.735 --> 35:03.960
So, if there was existing use that
got left out, that was not excluded,

35:03.960 --> 35:07.825
then that would be a good
candidate as a minor amendment.

35:07.825 --> 35:11.410
An example of a major
amendment would be newly

35:11.710 --> 35:15.850
available data like water
levels, pump tests,

35:15.850 --> 35:19.480
porosity data, that would significantly

35:19.480 --> 35:22.330
change the model production volume.

35:23.110 --> 35:30.680
So that would require modelling, that
would be likely a major amendment.

35:30.680 --> 35:45.145
So, new poll question one,
excuse me, my phone is ringing.

35:46.780 --> 35:51.670
So, let me know if you can see these.

35:54.100 --> 35:56.360
Oh, it's like right in
the middle of my slide.

35:56.380 --> 36:00.940
So anyways the first one is
we'd like your opinion on what

36:00.940 --> 36:06.925
is a reasonable decision
timeframe for a minor request.

36:06.925 --> 36:09.700
And keep in mind that the clock for this

36:09.700 --> 36:12.460
decision window starts after all

36:12.460 --> 36:18.327
the data has been received that would
be needed to make the decision.

36:18.327 --> 36:25.310
So, y'all can go ahead
and vote on, I have two months,

36:25.310 --> 36:30.590
four months, and six months there.

36:30.590 --> 36:39.931
Are y'all able to see the poll?

36:52.631 --> 37:01.007
OK, y'all can keep answering.

37:01.007 --> 37:05.710
I will move on to the next one.

37:05.860 --> 37:12.130
So this one is about the timeframe
for a major amendment request.

37:12.130 --> 37:14.800
And your choices are one year,

37:14.800 --> 37:20.404
one year plus an option for
a six-month extension or two years.

37:20.404 --> 37:30.830
Let me launch that poll.

37:30.830 --> 37:38.506
OK.

37:38.506 --> 37:45.247
OK.

37:45.247 --> 38:05.950
I'm gonna keep going.

38:05.980 --> 38:08.440
Y'all can keep voting if you haven't.

38:10.690 --> 38:13.900
I have a request for input from y'all.

38:14.260 --> 38:18.790
So once I announced
the meeting about a month ago,

38:18.790 --> 38:24.980
I got several questions that
came up and I'd like to

38:24.980 --> 38:30.260
compile them into a FAQ
section for our webpage.

38:30.260 --> 38:34.760
And so if you have any
questions that can be pretty

38:34.760 --> 38:38.719
simple or highly nuanced,
they're all good.

38:38.960 --> 38:42.590
You can type them in
the chat box or you could email

38:42.590 --> 38:48.556
them to the public-comment@twdb.texas.gov

38:48.556 --> 38:56.360
email address and include
BGPZs in the subject line.

38:57.920 --> 39:01.934
Right now I have about
10 questions compiled,

39:01.934 --> 39:06.170
but I'd like to have more
for the FAQ section.

39:06.170 --> 39:09.750
So anything you have please share it.

39:09.770 --> 39:12.858
You can also email it to me.

39:12.858 --> 39:19.300
Does anybody have any
additional questions?

39:38.090 --> 39:41.714
Going once, going twice.

39:41.714 --> 39:44.380
Excuse me.

39:44.380 --> 39:53.080
So next steps are for you to provide
any feedback or comments you may

39:53.080 --> 39:58.930
have about this process or your
input to the process by April 5th,

39:58.930 --> 40:05.058
which is in two weeks to
public-comment@twdb.texas.gov.

40:05.058 --> 40:10.495
Please include BGPZS in the subject line

40:10.495 --> 40:12.700
and we'll consider your feedback for

40:12.700 --> 40:18.640
the final guidance document and
the proposed BGPZ FAQs for our webpage.

40:23.980 --> 40:26.965
The guidance document is linked online and

40:26.965 --> 40:31.870
the final will hopefully
be posted by June 22nd.

40:32.860 --> 40:34.517
And thanks for attending.

40:34.517 --> 40:37.480
I appreciate you taking
the time out to join

40:37.480 --> 40:41.189
us today and enjoy the rest of your day.

40:41.198 --> 40:41.198
SPEAKER: Thank you.

40:41.198 --> 40:41.198
SPEAKER: Bye all.
