VisitBigBend.com , the go-to website for all you need to know about visiting the Big Bend of southwest Texas, recently enlisted me to do a Top Ten for visitors headed to that faraway part of the state I like to think of as the Texas of the Imagination.
The semi-ghost town of Valentine, 39 miles west of Marfa, is gonna be wide open for bidness Saturday February 14 for the big Big Bend Brewing Company Valentine’s Day Party and Dance at Valentine Merchantile. The music lineup includes Tessy Lou and the Shotgun Stars, Mike and the Moonpies, the Crooks, and the Joe Ely Band. The Texas Music Hour of Power will be broadcasting live from the event and taking listener dedications and shoutouts online (email@example.com), and the Image Wranglers will be doing Picture Radio in a show of force.
Bat Conservation International stewards the Bracken cave, where during warm months the largest concentration of mammals in North America – twenty million Mexican-free tail bats – emerge from the cave every evening in search of an evening meal of mosquitoes, moths, and other insects, ranging more than one hundred miles at time.
Between the overwhelming smell of bat guano, the sight of thousands of creatures swirling out of the cave, observed and coveted by snakes and raptors, may be the most miraculous event in nature I’ve ever witnessed.
The cave is a few miles from Interstate 35 north of San Antonio almost next door to the Natural Bridge Caverns and is in real danger of being encroached upon or wholly engulfed by housing subdivisions.
It’ll be interesting to see how that “progress” vs. miracle of nature battle plays out.
My phone talk with Michael Pollan that ran on Talk at Ten
on KRTS-FM in Marfa, MarfaPublicRadio.or
Texas Coop Power’s water issue follow the link to download the pdf file.
I’m proud to be a part of the team that put this issue together and especially proud of the journalism done in the name of Texas and its future.
Once deemed too ‘secret, occult and concealed’ to regulate, groundwater remains a vexing subject too deep to capture for today’s lawmakers
By Joe Nick Patoski
August 1, 2012
Water: It’s a deep subject, and veteran journalist Joe Nick Patoski has been trying to get to the bottom of it for years. Spring-fed Jacob’s Well, his favorite swimming hole, sustains the Blanco River and recharges the Edwards Aquifer. But while Wimberley’s Jacob’s Well is threatened by drought and increased pumping of the Trinity Aquifer, some homeowners in nearby Austin have paid to have private wells drilled in the Edwards—not for drinking water, but for water to keep their lawns lush and green.
Water is water, except in Texas.
All of Texas’ freshwater comes from precipitation. Where it goes when it falls makes all the difference in the world.
Surface water, meaning creeks, rivers and lakes, is considered a public resource commonly owned by the people of Texas. Simple enough.
Groundwater, that is all water that you can’t see below the surface of the Earth, is a whole other matter. That water, contained in aquifers and bolsons (Spanish for “bag,” in this case meaning hollowed basins), found tens, hundreds and sometimes thousands of feet below the surface, is regarded like oil or other minerals—a resource owned by the owner of the land above it.
In 1904, the Texas Supreme Court determined in the Houston & T.C. Railway Co. v. East case that property owners could pump as much groundwater as they pleased without regard to the effects on neighbors’ wells. Groundwater, the court ruled, was too “secret, occult and concealed” to regulate. No one understood how groundwater worked, so the court applied rule of capture, a remnant of British common law, to the case.
In February 2012, the Texas Supreme Court’s ruling in the Day v. Edwards Aquifer Authority case affirmed that the property owner of the ground also owned the water under that ground.
The problem with both decisions is that groundwater does not observe property lines. Some aquifers are so large they span several counties. Some, hydrologists have learned over the past century, are actually moving rivers. Plus, no matter how groundwater moves, what’s clear is more water is being pumped from underground than is being put back in through recharge.
That explains why other states in the American West have developed different laws and strategies regarding management of groundwater. Texas is the only Western state where rule of capture is law. That may work well for property owners wanting to sell their groundwater, or sell their mineral rights, but not so great for most of the rest of the population that relies on water as a life source.
Where water is abundant, rule of capture works fine, because whatever water is pumped out from underground is usually replenished. But in arid, water-short regions, such as all of the state west of the 98th parallel (roughly following U.S. Interstate 35), the devil’s in the details. Consider this: It’s perfectly legal for a single landowner, taking advantage of his or her property rights, to drain so much groundwater that neighbors’ wells go dry or the groundwater underneath their property disappears.
The most notorious case illustrating that point is when Clayton Williams Sr. and other businessmen pumped groundwater below land they owned west of Fort Stockton to create a pecan orchard in the desert. Because of their actions, Comanche Springs, the largest springs in West Texas, went dry, forcing more than 200 truck farms east of town to go under. Williams’ right was upheld by the Texas Supreme Court in 1954.
The Texas court has since reaffirmed property owners’ right to underground water; in 1999, the court upheld the right of Ozarka to mine a spring in East Texas for commercial purposes, even though it caused neighbors’ wells to go dry.
The Texas Supreme Court’s decision in early 2012 affirmed that Texas landowners own the groundwater “in place” beneath their property, and that they may have a valid claim for compensation from the government if regulations go too far in limiting their ability to capitalize on their groundwater.
Still, there are limits to unregulated pumping.
The withdrawal rate of pumping groundwater from the Ogallala Aquifer—one of the world’s largest underground aquifer systems that covers most of the Great Plains, including the Texas Panhandle and South Plains—has exceeded recharge of the aquifer through rain and snowmelt over the past century. Parts of the water table in Texas have been drained, while less than half of the underground aquifer’s original ground water supply remains. Pumping costs have increased to the point where many Texas farmers have quit irrigated farming altogether, even if groundwater is available. In other words, pumping without regulation is unsustainable.
In 1993, Federal District Judge Lucius D. Bunton III ordered the U.S. Fish and Wildlife Service to set pumping limits in the Edwards Aquifer—which at the time supplied San Antonio with all its drinking water—to protect endangered species dependent on the Comal and San Marcos springs, the biggest spring systems in Texas.
“Without a fundamental change in the value the region places on freshwater, a major effort to conserve and reuse Aquifer water, and implemented plans to import supplemental supplies of water, the region’s quality of life and economic future are imperiled,” Bunton wrote in his decision.
Bunton’s ruling led to the creation of the Edwards Aquifer Authority by the Texas Legislature. The authority regulates pumping from the Edwards Aquifer.
In 1997, the Texas Legislature passed Senate Bill 1, establishing statewide water planning for the next 50 years. The bill and subsequent legislation have stated that the best means of local management of groundwater are the 101 groundwater districts established across the state. The rub after the Texas Supreme Court’s 2012 decision is, if a groundwater district or other government entity limits a landowner’s desire to pump, the landowner can sue the district for a “taking” of private property.
“While the Texas Supreme Court’s ruling in the Day case makes clear that landowners own the groundwater in place beneath their property, it is much less clear how far a groundwater district may limit pumping before it amounts to a taking of private property,” says attorney Tom Mason, the former general manager of the Lower Colorado River Authority who now specializes in water law in Austin.
Which means groundwater districts, regional planning groups and state water authorities, in order to ensure sufficient water supplies 50 years from now, will have a hard time managing groundwater in a way that allows long-term, sustainable use by a variety of landowners/pumpers.
So, groundwater is a property right, and as such requires a whole lot of trust and awareness of the unwritten “law of the biggest pump” when it comes to management of groundwater resources locally, regionally or statewide. Otherwise, if all property owners exercised their right to pump, there wouldn’t be any groundwater left to fight over.
Surface water, on the other hand, is owned by all Texans, even though despite the different laws, really, it’s all the same water.
Joe Nick Patoski is the author of nine books, including Generations on the Land: A Conservation Legacy (Texas A&M University Press, 2010). Patoski, an avid swimmer and kayaker, lives in Wimberley, in the Hill Country.
OK, they misspelled my last name, but beyond that minor detail, the reviewer gets the gist of the book.
Journal of Sustainability Education
March 18th, 2012
Generations on the Land: A Conservation Legacy, by Joe Nick Patosky. A review.
By Richard Pritzlaff
The landscape of any farm is the owner’s portrait of himself.
With regard to management of working lands (private lands engaged in the production of food and fiber), sustainability requires the ability to produce what is necessary for survival today, while understanding the complex relationships within which management of resources must be accomplished to preserve them intact or improved for the future. Generations on the Land: A Conservation Legacy, authored by Texas journalist and writer Joe Nick Patoski, describes some of the skills, motivations, and reasoning behind the progressive land management practiced by eight winners of the Sand County Foundation’s Leopold Conservation Award. Each chapter is a vignette illustrating the difficult and challenging work of six ranching families, a family forestry operation, and a family of vintners.
While well written and interesting, if you are looking for a discussion and analysis of the deeper complex relationships between ecology, production, and economics you will not find it here. This book is not a deep read, and it is not meant to be; this is storytelling. As such it simply mentions a few of the many agro-economic and ecologic realities that fundamentally drive land management decisions.
On occasion the narrative touches on deeper insights. For instance, the loss of jobs and profit margins experienced by local agriculture (silvaculture in this case) as a consequence of downward price pressures is related to global markets unsustainably overharvesting resources:
Terry Peters had witnessed dramatic changes in silvaculture in the thirty five years he had been working these woods. Logging used to be the dominant lifestyle of the region, defined by rugged men wielding axes…and sawmills around almost every bend of the river… But as wood processing evolved into a global industry, the wood workforce in Wisconsin and across the United States declined rapidly. Hanging on in a business where the competition included Brazilian eucalyptus plantations owned by American paper companies, massive logging operations in New Zealand, and clear-cut operations in China, required creative thinking (pp. 44, 45).
The book’s real value is found in what is revealed and implied through the stories told by the working families in their own words. One of the important insights repeated in several of the chapters is a contrast to the view accepted by many farmers and ranchers that regulation and environmentalists are the main threat to ranch viability. The reality of past abuse resulting in degraded lands is cited as most often to blame:
…dad sat on the BLM grazing board…We understood the West was overgrazed…Those were hard times back in the 20’s, 30’s, and 40’s…For (dad) the light went on when President Roosevelt signed the Taylor Grazing Act of 1934. The act held liable every individual party that held a federal grazing permit. Before the act was signed, stockraisers could graze public lands to the point of destroying grasses… (pp. 8, 9).
Decisions to restore degraded lands and to manage within ecologic limits are for the most part enlightened self interest and practical business decisions made to enhance productivity. In addition to greater management options and revenue sources resulting from more productive lands and functioning ecosystems, the skills acquired accomplishing this work are increasingly marketable for those willing to look for opportunities beyond their own fences:
If you can convert to organic, your quality goes way up and…you can command a higher price…We burned this year just out of the need to burn…went the extra mile and received official burn training and certification…secured a $1 million insurance policy to do business as a Conservation Fire Team…consulting and burning for hire all over West and Central Texas (pp. 102, 103).
In addition to acknowledging that restoration has to be accomplished, another hopeful message from these families is the realization that bigger and more isn’t necessarily better. “‘Some people see the land in terms of dollars and wealth’, Teddi Coleman said. ‘We think you can’t put a price on that water, that field. We live in what I call rustic elegance. We don’t have frills, but we have all this natural elegance around us’” (p.63).
By constantly highlighting the true nature of this important work, the author accurately supplies credit where credit is due. For although ranchers, loggers, and farmers relish the ideal of their perceived independence and self-reliance, these stories reveal the partnerships that are essential for restoring working lands. Restoration is complex, costly, and time consuming. Accessing correct information for a particular practice and understanding the latest techniques as they may apply to a specific need takes experience. The work is costly and labor intensive. Mistakes often make things worse than before the project began. Fortunately there are many federal and state programs offering technical and cost share assistance. Private conservation organizations also work to help landowners achieve their restoration goals and are also able to supply volunteers and low cost labor. This is good public policy in practice, which until recently enjoyed bi-partisan political support. Maybe the horrific and costly fires this past summer will remind more short sighted politicians about being “penny-wise and pound foolish.”
In addition to celebrating the accomplishments of the families that are its subject, this short enticing book also helps as a bridge across the political and cultural gaps between working families and those of us who, while not daily working land for a living, share common interest in healthy sustainable food-systems and ecosystems. It touches on complex issues in a way that offers a non-threatening opening for ranchers and non-ranchers to talk and think about the management of working lands. This in essence is at the heart of applied sustainability education.
Texas is the only Western state to continue to uphold Rule of Capture, regarding groundwater as a property right – for now, at least, until somebody gets hurt or a region goes dry. Chief Justice Nathan Hecht said the court wouldn’t let that happen, but the ruling passed down this week essentially thwarts any statewide planning to conserve water.
Texas Supreme Court ruling on groundwater a victory for property owners
Posted Friday, Feb. 24, 2012 13 Comments Print Reprints
Topics: State Supreme Courts, Texas Judicial System, Texas Supreme Court, Texas, Texas Cities
Tags: Lone Star Chapter, landmark cases, San Antonio
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By Bill Hanna
In a landmark ruling that could affect the use and control of groundwater in Texas, the state Supreme Court ruled Friday that property owners have a vested interest in the water under their land.
The case, Edwards Aquifer Authority vs. Day, challenged the San Antonio-area aquifer authority’s right to issue an irrigation permit that limited how much water two farmers could use on their property.
Landowner groups such as the Texas and Southwestern Cattle Raisers Association hailed the ruling, saying it means property owners now know that they will have a reliable source of water.
“We think this is a clear-cut victory for property owners,” said Joe Parker, president of the Texas and Southwestern Cattle Raisers Association. “This gives us a clear direction both now and in the future.”
But environmental groups such as the Sierra Club criticized the decision and said it could undermine the state’s system of groundwater districts and lead to more litigation.
“The state Supreme Court has reached an unwarranted legal determination in saying that a landowner owns the groundwater in place beneath his or her property rather than holding that a landowner has only the right to capture that groundwater subject to other important public policy purposes,” said Ken Kramer, president of the Lone Star Chapter of the Sierra Club.
“The court has done a huge disservice to everyone who has been working for proper management of the groundwater resources needed for our state’s people and our environment,” Kramer added.
Tom Mason of the Austin law firm Graves, Dougherty, Hearon & Moody said the ruling is likely to lead to more litigation.
“Landowners with wells may be encouraged by this and want to challenge groundwater district regulations, particularly in the Edwards Aquifer Authority,” he said. And as the courts consider the implications of the ruling, groundwater districts “may be a little less inclined to regulate as vigorously as before,” Mason said.
The case dates to 1996 when two farmers, Burrell Day, who has died, and Joel McDaniel sought a permit to pump from the Edwards Aquifer to grow crops south of San Antonio.
But the two farmers could not show “historical use,” which is how permits are issued. Instead of granting them the 700 acre-feet of water, the permit gave them rights to 14 acre-feet.
The farmers argued that the water authority deprived them of their property without compensation.
The court ruled that employing historical use as standard for issuing permits deviates from the rules of the Texas Water Code.
“The Court reasons that groundwater in place is owned by the landowner on the basis of oil and gas law,” says the opinion, written by Justice Nathan Hecht.
The case has been closely watched in Central Texas, especially in San Antonio, where groundwater is the primary water source. But it could also affect areas including Parker, Wise and Johnson counties, where many homeowners rely on groundwater.
The cattle raisers say they still support groundwater districts and don’t believe that this ruling will change how groundwater is managed.
“All along, the Texas and Southwestern Cattle Raisers have said groundwater districts play a very important role managing the state’s groundwater,” said Parker, the group’s president, who lives in Byers near Wichita Falls.
“We believe in local control and that the local water conservation district should be making those decisions and not somebody at the state, or heaven forbid, the federal level,” Parker said.
But the Sierra Club’s Kramer said the Edwards Aquifer Authority came into existence because of a Sierra Club lawsuit, and he did not rule out a federal legal challenge, especially if the ruling prevents limits on groundwater use.
This report includes material from The Texas Tribune.
Bill Hanna, 817-390-7698
Read more here: http://www.star-telegram.com/2012/02/24/3761508/texas-supreme-court-ruling-on.html#storylink=cpy
and in my little corner of the world, the Texas Water Development Board is OK with drawing down groundwater from the Trinity Aquifer another 30 ft, which will effectively cause Jacob’s Well to run dry (which it never had done until 2000) and leave Blue Hole, the recently opened city-county natural swimming park, high and dry, thus ruining Wimberley’s two greatest natural assets.
The mysterious power and irresistible draw of Jacob’s Well inspire a push to protect the underwater cave and springs.
By Joe Nick Patoski
At first sight, Jacob’s Well appears to be a deep, dark hole at the bottom of a pool of creek water — nothing more. Pay attention to how the hole, about 15 feet in diameter, has perpetually gushed pure artesian water out of the ground since before humans first wandered around this part of what is now known as the Hill Country, and it takes on deeper meaning. Listen to stories about it, and it becomes something much more than just a special natural place.
Spanish explorers described a head of water 4 to 6 feet high being pushed to the surface from far below. American Indians living in the area considered the place sacred. The name Jacob’s Well was supposedly inspired by a survivor of the Battle of San Jacinto, the decisive battle for Texas’ independence from Mexico, who first saw it while looking for a place to build a mill along the Blanco River and declared it “like unto a well in biblical times.”
mp3 button Listen to a podcast of “Groundwater Gusher.”
Local elders speak of leaping in as kids and being thrust back to the surface by the force of the flow. The location in the eastern Hill Country — the dry, rocky rise above the coastal prairie — makes it all the more remarkable. That a place like this exists in the 21st century, when half the springs documented in Texas in 1900 have gone dry and disappeared, is a miracle.
At least that’s how it seems whenever I’m gazing into the blue and green hues tinting the water and the limestone walls of what is the beginning of a giant underwater cave. Everything sparkles like magic, a phantasmagorical welcome to another world below.
Peer into its depths and it pulls you in.
That pretty much sums up David Baker’s life since May 1988. He had been in Austin working as a designer and carpenter on a theatrical production when he took a drive with his wife to the village of Wimberley, got directions, walked down a trail to the end of a limestone bluff and saw Jacob’s Well for the first time.
“The hair on my arm just stood up,” he says as he relates his first impression of the bubbling spring surrounded by elegant cypresses with a rough, rocky bluff rising above it. “I couldn’t get it out of my mind. I was so confident we were going to move here that I rented a storage locker.”
In a matter of months, Baker left a mountaintop home near Santa Cruz, Calif., in the redwoods, where on a clear day you could see the Pacific and the town of Monterey. He packed up his pregnant wife and his 9-month-old son, Jacob, and moved into a rock cottage a few short steps away from Jacob’s Well.
Fast-forward 23 years.
The sign in front of a former RV park reads “Welcome to Jacob’s Well Natural Area, the Jewel of the Hill Country.” A couple hundred yards past the sign, David Baker sits at a desk, typing at a computer, preparing a paper to protect the well he fell in love with. Baker’s office is neither bucolic nor picturesque, but rather chaotic. Baker fields calls, refers to charts and converses in geologist/hydrologist acronyms, citing DFCs (desired future conditions), ADRs, MAGs and GAMs as he talks about the Well’s past, present and future.
Baker toils in the trenches these days, working his way through a very thorny political process, having been schooled in contrarian water laws. Texas treats surface water such as lakes and streams as a common resource owned by all Texans, while groundwater such as Jacob’s Well is considered private property. The “rule of capture” states that the owner of surface property owns the water underground as long as it is not part of a subterranean stream.
Baker was in the minority voting bloc when the board of directors of the Hays Trinity Groundwater Conservation District, an entity he was instrumental in establishing, voted earlier this year to issue new pumping permits for a development and a golf course that Baker fears will hasten the Well’s demise. There is already an annual decline of two feet under current conditions, Baker pointed out during discussions before the vote.
Board President Jimmy Skipton, a developer and property rights advocate from Henly, responded, “That’s David’s opinion.” As an individual, Skipton has filed a lawsuit against Hays County for establishing development rules that require lot sizes to be at least six acres for homes dependent on individual water wells. Skipton wants to sell 1.5-acre lots on the 165 acres he would like to develop.
David Baker wants Jacob’s Well to continue being Jacob’s Well.
For natural places to remain natural, stewards like David Baker are required. Special places lack lobbyists, money to contribute to politicians and the legal tools to fend off forces that compromise their integrity and threaten their existence. The best hopes are advocates willing to devote time, money and research in order to preserve, protect and conserve places such as Jacob’s Well.
In the big picture of earth science, karst aquifers are rare and unique — spongy-looking hard limestone reservoirs hundreds of feet below the surface that filter water, hold water and produce water, pushing it above ground, as is the case of Jacob’s Well.
The Well feeds Cypress Creek and Blue Hole, the town park and swimming hole in Wimberley, before the water flows into the Blanco River about five miles downstream. The creek courses through scenic landscapes of twisted oak and gnarly scrub woodlands and abundant grasslands, bordered by high bluffs and hills beyond the drainage. The beauty is both surreal and exceptional. Endangered golden-cheeked warblers thrive in abundance here.
My introduction to Jacob’s Well came through Stephen Harrigan’s 1980 article for Texas Monthly magazine and his 1984 novel, Jacob’s Well, in which he tells the story of the Well and its attraction to scuba divers, and how several cave divers died in its chambers. I came away wondering what kind of place exerted that sort of fatal attraction.
Between 1960 and 1985, eight divers died in the Well, primarily because of the tight passageway between the third and fourth chamber, the quicksand-like sediment at the bottom of the third chamber that is easily stirred up and narcosis, a condition of confusion that can affect divers at depths greater than 100 feet. Don Dibble, a master scuba instructor and the owner of the Dive Shop in nearby San Marcos who almost lost his own life on a recovery dive on behalf of the San Marcos Area Recovery Team, wrote his own account of the Well’s allure for divers for Reader’s Digest.
I didn’t actually see the Well until the early 1990s after I moved into the Wimberley community and was invited to a festival at Baker’s Dancing Waters Inn.
When I finally saw it, I got it. Of the proverbial 1,100 springs that define the Texas Hill Country, this one was indeed special, exceptional and worth fighting for.
In 1996, Baker got serious about protecting Jacob’s Well when Wimberley residents began meeting to discuss formally incorporating the village. Baker was on the water and sewer committee. One consensus recommendation from the committee was the need to form a nonprofit land trust and water trust in the Wimberley Valley to ensure water quality and quantity, a critical element of Wimberley’s tourist economy. Working with Jack Hollon, whose family had donated ranchland to create Rancho El Cima for the Boy Scouts of Houston and who had seen the Blanco River go dry in the 1950s, landowner Johanna Smith, University of Texas history professor Patrick Cox and physician-nutritionist Dr. Philip Zyblot, Baker helped form the Wimberley Valley Watershed Association in December 1996.
The nonprofit organization began writing small grants and engaging in water quality monitoring, participating in the Texas Watch program. It also focused on ownership of Jacob’s Well, which had been divided into four major pieces, with more than 120 parcels in the 100-acre area around it.
“It was extremely fragmented,” Baker says. “We debated whether to buy land around the Well to get it under one owner or work on the surrounding watershed to protect the recharge. We decided we needed to get land around it for an educational center.”
In 2005, with financial help from the Save Our Springs Alliance in Austin, the group got a loan for $2 million to purchase 46 acres, including 100 percent of the well. The selling price was about $1.1 million less than the appraised price. The SOS Alliance put a conservation easement on most of the property to prohibit future development and to limit impervious cover such as asphalt and concrete to 6 percent. The Wimberley group had two years to pay back the loan.
In 2007, 69 percent of Hays County voters approved $30 million in bonds for open space. The Wimberley Valley Watershed Association hired the Lady Bird Johnson Wildflower Center and architects Lake/Flato to create a master plan with input from 30 residents. The group determined that environmental education, aquifer research and recreation were the top priorities.
The patchwork of acquisitions was completed in late December 2010 when developers of the mobile home park canceled plans to build a “green” development with 65 condominiums and a hotel on 15 acres adjacent to the Well and dropped a lawsuit against the Wimberley Valley Watershed Association over access issues and the perceived right to build a road through the property. Instead, the developers agreed to sell the land for $1.7 million. Hays County ponied up half the price and the Texas Nature Conservancy loaned the other half, citing the unique attributes and ecological significance of Jacob’s Well.
Humpty-Dumpty has been put back together again. Today, Hays County owns Jacob’s Well and 96 acres around it. The Wimberley Valley Watershed Association has a three-year contract with the county to manage the property and oversee education and public outreach.
Slowly but surely, the surrounding landscape is returning to its natural state. Through better understanding of how the land and water are interconnected deep underground, people are beginning to appreciate the critical role we play in this system and how easily we can disrupt the balance that has made nature’s abundance such a critical key to human growth and progress.
But that is not enough.
The “rule of capture” property right accepts the Texas Supreme Court’s judgment made in 1908 that groundwater is too “mysterious and occult” to regulate like a river, lake or stream. Looking down into Jacob’s Well, I can understand the judges making that sort of determination.
But our understanding of groundwater has improved considerably over the past century. We know how it works, how it moves, where it starts and where it stops.
Through Baker’s initiatives, scuba divers and dye tests, we know that Jacob’s Well is connected to the Edwards Aquifer near San Antonio and to Barton Springs in Austin, that the actual well is at least 5,550 feet long as mapped by divers for the United States Geological Survey (the first- or second-longest underwater cave in Texas, depending on the latest measurements of Phantom Cave near San Solomon Springs in West Texas), that the water emerges from the Cow Creek Limestone formation and that pumping from some of the larger of the 6,600 wells in western Hays County reduces the flow of Jacob’s Well.
The Well stopped flowing twice — in the summer of 2000 for the first time ever and during the drought of 2008 when 42 wells in the county and nearby Onion Creek went dry. The Well survived the historic drought of the 1950s but may not be able to endure the population boom in Hays County and the surrounding Hill Country.
Education is the best hope.
“It’s so neat to watch people react to it,” Baker said. “It’s the mystery. This hole in the ground. Nobody knew how deep it was. It was intriguing watching people relate to it. Some would be afraid. ‘That’s where the divers drowned.’
“Some look at it as sacred. I feel that way about it: Here’s the earth, giving water, the one thing besides air we need to live, it’s doing it every day, it’s done it for millions of years, it’s a miracle. It was also chaotic. Nobody really was responsible. I kind of started to become somewhat of a policeman, which wasn’t a pretty job. But someone needed to take responsibility for managing this resource.”
Receiving the Texas Commission on Environmental Quality’s Texas Environmental Excellence Award for 2011 has helped validate his work. Baker prefers another standard of measure: “If the well’s flowing, the water’s still clean so we can drink it and our kids can still swim in it, we get an ‘A.’ If the water’s polluted or quits flowing, we’ve failed.”
He acknowledges he’s in a race against competing interests and that the deck may be stacked against him.
“Sometimes I do feel it’s not going to work out, that it’s too late. But then I see all these people who get it. That’s when I realize that we can do it.”
As if on cue, a women’s hiking club from Canyon Lake arrives and Baker delivers an informal talk about the Well and shows hydrological charts, historical photographs and underwater video before sending the group on the path down to Jacob’s Well. (Free public tours of the Well are conducted at 10 a.m. on Saturdays.)
I’m not sure who walked away happier from the visit — the hikers or Baker.
“I found something bigger than myself,” he told me. “It gave me a purpose for my life the past 22 years to create something that would be here after I’m gone that I could share with the community.”
And now they come — to see, to study, to experience and even to jump in. If Baker gets enough people to do that, they just might save Jacob’s Well for this century and even beyond.
Join me at Book People Saturday, June 25 at 5 pm for a talk and book signing for “Generations on the Land: A Conservation Legacy” published by Texas A&M Press.
603 N. Lamar, Austin TX 78703
Open daily, 9am to 11pm Call us at (512) 472-5050
Start: 06/25/2011 5:00 pm
Author and journalist JOE NICK will speak about and sign his new book, Generations on the Land: A Conservation Legacy.
Each year, Sand County Foundation’s prestigious Leopold Conservation Award recognizes families for leadership in voluntary conservation and ethical land management. In Generations on the Land: A Conservation Legacy, veteran author and journalist Joe Nick Patoski visits eight of the award-winning families, presenting warm, heartfelt conversations about the families, their beloved land, and a vision for a healthier world.
from the Friday, June 10 issue of the Texas Tribune/New York Times
by Joe Nick Patoski
With the Big Dry upon us, the longstanding fight over the water percolating under the surface in Texas’ 9 major and 20 minor aquifers was bound to get contentious before the end of the 82nd legislative session. And it did, at least for a while, because of a single word.
Expanded coverage of Texas is produced by The Texas Tribune, a nonprofit news organization. To join the conversation about this article, go to texastribune.org.
The Republican majority’s agenda for the session included numerous expressions of fealty to property rights. Among them was Senate Bill 332, which affirms groundwater as property right courtesy of the “rule of capture,” a quirky Texas law that gives landowners ownership of the water below the surface of their property. When he introduced the bill, Senator Troy Fraser, Republican of Horseshoe Bay and chairman of the Senate Natural Resources Committee, described groundwater as a “vested” property right.
That modifier threatened to upend a delicate balance between landowners and the 97 local groundwater conservation districts charged with regulating the below-the-surface reservoirs of water that supply more than 60 percent of what the state needs. As written, groundwater as a “vested” property right would have trumped the ability of groundwater districts to protect a shared resource.
Texas is the only Western state that regulates its groundwater through the rule of capture, which was adopted from English common law when Texas became an independent republic in 1836. The rule (also called the Rule of the Biggest Pump) was first upheld by the Texas Supreme Court in the landmark Houston & Texas Central Railroad Co. v. East decision in 1904 and was most recently reasserted in 1999, after property owners in Henderson County unsuccessfully sued the neighboring Ozarka Water Company for pumping 90,000 gallons of groundwater a day, severely affecting the water table.
Mindful that an individual could create quite a mess by invoking the rule of capture but not inclined to do away with a historic property right, the Texas Legislature tweaked the rule in 1949 with Chapter 36 of the Texas Water Code, which allowed for the creation of groundwater districts, the preferred method to regulate groundwater use in a specific area.
To many property owners, though, such districts have not provided enough protection.
“Water planning needs to start where the first drop of rain falls on the ground,” said David K. Langford, a former vice president of the Texas Wildlife Association and the owner of a 13,000-acre Hill Country ranch that has been in his family for seven generations.
Mr. Langford supported S.B. 332 because, he said, it would allow him to conserve the groundwater on the ranch. “Conservation needs to have the same weight as users do,” he said. “We asked to re-establish the property right so conservation would have as much standing as a developer who buys a ranch next door to build a golf-course community.”
As the session wore on, Mr. Fraser’s House colleagues stripped the word “vested” from the bill, disappointing advocates of property rights but melting away opposition from groundwater districts.
“ ‘Vested’ would have created a constitutionally protected property right, making a statute of common law,” said Gregory M. Ellis, the former head of the Edwards Aquifer Authority and now a lawyer who represents several groundwater districts. “The threat would not have been to groundwater districts but to the water supply itself. Every landowner would be entitled to as many wells as they wanted, and they could pump as much as they wanted.”
Once the new law takes effect, Mr. Ellis said, “the districts can manage with more flexibility around the demand and have the tools they need to get the job done.”
Except for S.B. 332, the 82nd session was remarkable for being unremarkable when it came to water, one of the most crucial issues that the state will have to grapple with over the next century. In particular, Mr. Ellis admitted disappointment that the Legislature did not take on the bigger challenge inevitably facing Texas groundwater conservation districts and all of Texas: rising demand and declining supply.
“Eventually, a district will either have to stop issuing permits or reduce pumping to accommodate new permits,” he said.
Unfortunately, Mr. Ellis added, legislation “doesn’t create more groundwater.”
Only rain can do that. Until that happens, all that water users, sellers, property owners, state legislators and the 97 groundwater conservation districts across Texas can do is conserve, hope, pray and watch the skies overhead.
Joe Nick Patoski has written about water policy for Texas Monthly and Texas Parks & Wildlife magazine.