S.B. 483 (also H.B. 469). 2/4/2009-Co-author authorized. Authors: Seliger, Carona, Duell, andShapiro. Relating to the establishment of incentives by this state for the implementation of certain projects to capture and sequester in geological formations carbon dioxide that would otherwise be emitted into the atmosphere. 60% of carbon emissions from clean coal will be sequestered. Sequestrationwill be monitored by the Bureau of Economic Geology at UT Austin, and there will also betax incentives for sequestration used by O&G for enhanced oil recovery. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB483

H.B. 469 (same as S.B. 483, above).2/19/2009-Referred to Energy Resources. Authors: Phil King, Anchia, andHughes. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB469

S.B. 274 (same as H.B. 178). 2/11/2009-Referred to Natural Resources. Author: Nichols. Relating to limitation on the location of injection wells. Prohibits injection wells near faults, in recharge zones, and within 0.5 miles of water supply wells, residences, schools, churches, etc. Doesn't say what type of injection wells and therefore has the potential to shut down ISR mining. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB274

H.B. 178 (same as S.B. 274, as above). 2/12/2009-Referred to Natural Resources. Author: Creighton. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB178

S.B 136 2/10/2009-Referred to Natural Resources. Author: Ellis. Relating to the Texas Global Warming Solutions Act; imposing a fee and providing a penalty. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB136

S.B. 273 (same as H.B. 177). 2/11/2009-Referred to Natural Resources. Author: Nichols. Relating to testing requirements for certain commercial injection wells. This bill allows for additional soil testing and groundwater monitoring. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB273

H.B. 177 (same as S.B. 273, above). 2/12/2009-Referred to Natural Resources. Author: Creighton. Relating to testing requirements for certain commercial injection wells. This bill allows for additional soil testing and groundwater monitoring. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB273

S.B. 275 (same as H.B. 179). 2/11/2009-Referred to Natural Resources. Author: Nichols. Relating to the application of new requirements for commercial underground injection control wells to be adopted by the Texas Commission on Environmental Quality. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB273

H.B. 179 (same as S.B. 275, above). 2/12/2009-Referred to Natural Resources. Author: Creighton. Relating to the application of new requirements for commercial underground injection control wells to be adopted by the Texas Commission on Environmental Quality. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB273

H.B. 366. 2/23/2009-Referred to State Affairs. Relating to creating a task force to review electric energy generation policies and certain permits for operation of electric generation facilities and to study the state's long-term demand for electric generation capacity. "The task force may solicit and accept gifts, grants, and appropriation for purposes of this section." Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB366

S.B. 480. 2/25/2009-Left pending in committee. Author: Carona.Relating to the authority of the Texas Transportation Commission to enter into a covenant for environmental remediation of real property owned by the Texas Department of Transportation. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB480

S.B. 448. 2/25/2009-Left pending in committee. Author: Carona. Relating to the authority of the Texas Department of Transportation to mitigate adverse environmental impacts resulting from the construction, improvement, or maintenance of state highways or state highway facilities. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB448

*S.B. 540. 2/24/2009-Co-author authorized. Authors: Estes, Nichols. Relating to notice of an application for a permit to dispose of oil and gas waste in a disposal well. Notification to include local groundwater conservation district. Full Details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB540

*S.B. 752. 2/10/2009-Filed. Author: Davis. Relating to the authority of a local government to prohibit the Railroad Commission of Texas or the Texas Commission on Environmental Quality from issuing a permit for a disposal well. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB752

*S.B. 940. 2/18/2009-Filed. Author: Wentworth. Relating to the regulation of the public practice of geoscience. Defines geoscience firm, geoscientist-in-training, and professional geoscientist, strengthens the ability of the TBPG to deal with complaints and allows for anonymous complaints, and allows the TBPG to make advisory opinions. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB940

*S.B. 941. 2/18/2009-Filed. Author: Wentworth. Relating to contracts by governmental entities for professional services relating to geoscience. Adds professional geoscience to the list of professional services. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB941

*S.B. 569. 2/18/2009-Referred to Natural Resources. Author: Miller. Relating to Notice of an application for a permit to dispose of oil and gas waste in a commercial disposal well, creating an offense. Requires additional notifications. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB569

*H.B. 1105. 2/25/2009-Referred to State Affairs. Authors: Laudenberg and Paxton. Relating to procuring contracts for certain professional services by a governmental entity. Needs to add professional geoscience to the list of professional services. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1105

*H.B. 1890. 2/26/2009-filed. Author: Creighton. Relating to notification of applications for permits for certain injection wells. Requires local groundwater conservation districts be notified when an industrial or municipal waste disposal well is requesting a permit or when any contested hearings are scheduled. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1890

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Dear Geoscientist,

I have an urgent request which I am sure you will consider. As you know, the new Texas Earth and Space Science course standards (and all other science course standards) will be up for approval before the State Board of Education. It is very likely that some of the SBOE members--the seven who are Young Earth Creationists--will attempt to make changes to the ESS standards in ways that will damage the scientific integrity and accuracy of the course. In particular, these SBOE members will try to negatively modify or delete the standards that require students to understand the following topics that deal with scientific topics they consider controversial: age of the Earth and universe, the Big Bang model of cosmology, radiometric dating, evolution of fossil life, fossil lineages, transitional fossils, origin of life by abiotic chemical processes, ancient mass extinction events, and global warming and climate change.

I want to ask you to write letters to the individual SBOE members and ask them to adopt the new ESS standards without change. That's the simple message of your letter: to accept the proposed ESS standards without editing or modification, because I strongly suspect an effort will be made to do exactly that by members of the SBOE. A group of ten individual Earth scientists that included high school teachers, ES teacher trainers, college professors, and industry geoscientists worked together for a year during several intense meetings to create these standards. These individuals worked to make the new ESS standards the finest possible. They sometimes had disagreements that were resolved by patient discussion and often compromise. Their very careful effort and hard work should not be injured by the actions of nonscientists who have ideological and political agendas. Under the Texas Constitution, the SBOE members are politically-elected officials who actually have the power to write whatever science standards they wish, and several have expressed their intention to modify certain standards to align with their religious and ideological agendas.

In addition to writing your individual letters (the same letter to each would be appropriate) to each of the 15 SBOE members asking that the ESS standards--indeed, all the science standards--not be modified in unscientific ways against the intentions of the scientists and science teachers who wrote them, I also request that you write to your colleagues on the various email lists in which you participate and ask them to do the same. We need a tremendous outpouring of support from Earth scientists in both academia and industry to counter the probable equal outpouring of support from critics of science among the citizens of Texas. You may copy parts of this message and use it in your message.

I attach a PDF copy of the new ESS standards with this message. It is part of a larger document containing all of the proposed and recommended high school science standards that can be found on the Texas Education Agency website at http://ritter.tea.state.tx.us/teks/Sci_TEKS_9-12_Clean_010509.pdf. The addresses of the individual SBOE members can be found at http://ritter.tea.state.tx.us/sboe/members.html. You can also email them individually using a group email address, sboesupport@tea.state.tx.us, although I think formal letters would be better received and more likely read by them. The letters need to be written and sent in the next few days, but that is possible because the theme of each letter is simple and clear: "please adopt the ESS standards as written without modification, and oppose any attempt from other State Board members to make unscientific changes that weaken the standards." You can add the other reasons as you wish: our state's economy depends on a scientific understanding of the Earth, citizens need to understand Earth science as well as physical and life science, the Earth sciences affect our lives in so many ways, etc. We need our ESS course to have an accurate and reliable scientific content, not damaged by eliminating or weakening important topics that some people object to for non-scientific reasons.

Now, let me discuss the new ESS course. The ESS standards-writing panel had at its disposal the national ES standards, the College Readiness ESS standards, and all the state ES and ESS standards. Thus, we were able to craft our standards to be the best ever written (and I mean this sincerely). We did not possess the new ES Literacy Initiative standards (available for the last three weeks at http://www.earthscienceliteracy.org/ and http://www.earthscienceliteracy.org/document.html). We agreed on a vision of what an ESS course should contain (and not contain), and then wrote and painstakingly edited our standards to match this vision. Our panel had several experienced high school ES teachers, several ES curriculum experts, several ES teacher trainers (those who teach the future ES teachers), several university ES professors, and two industry geoscientists. So the group's expertise was extraordinarily high. I say this because most of the other science panels were composed primarily of high school science teachers, but they were only revising already existing standards, while we were obligated to write new ones.

Our new Texas ESS course standards are innovative and path breaking, and I seriously believe it will serve as a national model for ES and ESS courses in the future (it was always my intention that this would be the case, and several of the other members came to share this vision). I have already compared them to the new ES Literacy Initiative standards, and ours compare very favorably; we anticipated many important topics and concerns. The course standards are composed of three traditional themes and three very non-traditional strands. The three themes (or topical sections) are Earth in Space and Time, Solid Earth, and Fluid Earth. The first contains the most important information about cosmology and planetary astronomy in addition to traditional historical geological topics. It emphasizes geological time, stellar system and planet formation, the origin of the Earth's atmosphere and ocean, and fossil life. The second deals with plate tectonics, internal heat transfer, Earth structure, continent formation, geophysics, mountain building, volcanism, erosion and mass wasting, mineral resources, fossil fuels, etc. The third section discusses the movement of heat and fluids in Earth's atmosphere and hydrosphere, sea-level changes, the origin of life as a result of chemical processes and geochemical cycles, solar radiation, various chemical cycles, groundwater, and climate.

The innovative part of the course are the three strands: systems, energy, and relevance. We tried to incorporate these strands in every student expectation and at least in every knowledge and skill requirement. The course uses a system concept which shows the interactions among Earth's subsystems and can be modeled. Energy formation, movement, transfer, and effect as Earth process driving forces are emphasized throughout. Finally, every topic required was judged for its relevance to student lives. If a topic was not very relevant, it was omitted. Believe it or not, we actually left out about a third of traditional physical and historical geological topics, almost all of meteorology, much of astronomy, and much of physical and biological oceanography. Some critics said the course was too long, but actually it could have been twice as long if we left in all the traditional topics. We decided to create a course that looked at fewer topics in depth rather than many topics superficially. Left out are rocks and minerals, desert processes, most erosion and weathering processes, different types of volcanic and plutonic bodies, a detailed survey of the geologic periods, almost everything dealing with weather, all discussion about galaxies and types of stars, biological and physical oceanography, etc. Instead, we included a great deal about climate and climate change, Earth's geologic hazards, energy resources, geophysics, geologic time, origin of planets, the Moon, smaller planetary bodies, the history and chemistry of Earth's water (surface water and ground water) and elements in the oceans and atmosphere, stratigraphy, sedimentary basins, fossil fuels, the origin and evolution of ancient life, etc. We wanted to keep as many relevant, exciting, and thought-provoking topics as possible to attract and interest students, and we left out much of the details that many students find to be uninteresting. We also emphasized the use of space imagery and modern instruments such as GPS, personal computers, and the Internet.

I think this course will be something special: a course that many students will want to take as an elective (since the former Texas Earth Science Task Force couldn't get an ES course accepted as required credit). Many students will want to take this course in their senior year, and even students going on in science who are taking an AP course their senior year may want to take ESS as a fifth science course in high school, simply because it will be exciting and relevant. This is a course I think Texas Earth scientists can be proud of, especially geologists (meteorologists probably won't like it, but climatologists will love it!). Since this is the case, I urge you to do something to preserve the scientific integrity and quality of this new course in Texas. The standards will be used as a national model, and many publishers will produce ESS textbooks based on these new and innovative standards. Thus, if they are compromised, the results could be extremely bad for the country.

If you have any questions, please contact me by email or phone. I will be in Austin from time to time, and will include a live blog the meetings. My science education blog is at http://www.chron.com/commons/readerblogs/evosphere.html.

Best regards,

Steven Schafersman, Ph.D.
President, Texas Citizens for Science
Member of the former Texas Earth Science Task Force
Member of the Texas Earth and Space Science Standards-Writing Committee
Former Earth Science college and university professor (22 years in
Houston, Odessa, and Oxford, Ohio)
Currently a consulting scientist in the petroleum and environmental
industries in Midland, Texas
(432) 352-2265
info@cybercomputing.com, tcs@texscience.org

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The Wise Report
Henry M. Wise, P.G
February 7, 2009

February 25, 2008 TCEQ Commissioner's meeting is scheduled to discuss proposed rule making to remove the applicability of Chapter 350, Texas Risk Reduction Program from the remediation of Leaking Petroleum Storage Tank (LPST) sites and it reinstate the applicability of Chapter 334. For more information, go to: http://www.tceq.state.tx.us/rules/pendadopt.html

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The Texas Board of Professional Geoscientists (TBPG) proposes an amendment to 22 TAC §851.30, regarding firm registration. The proposed amendment clarifies procedures for renewing an expired firm registration. For more information, go to: http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.html#28

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The Texas Legislature is in session and, as usual, there are moves to either get rid of the PG board entirely or put PG under the Texas Department of Licensing, along with other professionals like beauticians and pro wrestlers. The arguments against the PG board are restraint of trade and an unnecessary expense. The TBPG is aware of this effort and once again trying to educate those in favor that the TBPG is necessary for the protection of the public from improperly conducted geologic studies. Many of these studies are required, by federal and state law, to be signed by a professional engineer or geologist. If you take away the Texas PG registration, only professional engineers will be deemed qualified to conduct geological studies. In addition, the TBPG brings in more funds to the State of Texas than it uses, so it's not an expense to the State of Texas. The Texas Department of Licensing, on the other hand, is looking to expand their sphere of influence for both political and funding purposes.

I understand that there's a movement building amongst the various Texas Geological Societies to get together and help to fund a lobbying effort to help prevent future incidences such as discussed above. Efforts to get rid of the Texas PG comes up every two years and will continue until we become more willing to defend it ourselves. The PG board isn't allowed to lobby congress on our behalf, so we need to do this ourselves. Why don't the engineers have this problem? Because they are well organized, have an effective lobbying effort, and understand the need to protect their interests. We need to do the same. I suggest you get involved by discussing what you can do to help your local geological society get involved. I know that the Texas Association of Professional Geoscientists and the Houston Geological Society are looking into this.

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The following is a list of new legislation that may be of interest to Texas geologists. Those bills listed with an "*" are new listings, otherwise, there have been no changes in the list to date.

S.B. 483 (also H.B. 469). 1/15/09 - Received by the Secretary of the Senate. Authors: Seliger, Carona, and Duell, relating to the establishment of incentives by this state for the implementation of certain projects to capture and sequester in geological formations carbon dioxide that would otherwise be emitted into the atmosphere. 60% of carbon emissions from clean coal will be sequestered. Sequestration will be monitored by the Bureau of Economic Geology at UT Austin, and there will also be tax incentives for sequestration used by O&G for enhanced oil recovery. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB483

H.B. 469 (same as S.B. 483, above). 12/22/08 - Filed. Authors: Phil King, Anchia, and Hughes. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB469

S.B. 274 (same as H.B. 178). 11/12/08 - Received by the Secretary of the Senate. Author: Nichols, relating to limitation on the location of injection wells. Prohibits injection wells near faults, in recharge zones, and within 0.5 miles of water supply wells, residences, schools, churches, etc. Doesn't say what type of injection wells and therefore has the potential to shut down ISR mining. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB274

H.B. 178 (same as S.B. 274, as above). 12/22/08 - Filed. Author: Creighton. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB178

S.B 136. 11/10/08 - Received by the Secretary of the Senate. Relating to the Texas Global Warming Solutions Act; imposing a fee and providing a penalty. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB136

*S.B.273 (same as H.B. 177). 11/12/2008-Received by the Secretary of the Senate. Relating to testing requirements for certain commercial injection wells. This bill allows for additional soil testing and groundwater monitoring. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB273

*H.B.177 (same as S.B. 273, above). 11/12/2008-Received by the Secretary of the Senate. Relating to testing requirements for certain commercial injection wells. This bill allows for additional soil testing and groundwater monitoring. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB273

*S.B.275 (same as H.B. 179). 11/12/2008-Received by the Secretary of the Senate. Relating to the application of new requirements for commercial underground injection control wells to be adopted by the Texas Commission on Environmental Quality. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB273

*H.B.179 (same as S.B. 275, above). 11/12/2008-Filed. Relating to the application of new requirements for commercial underground injection control wells to be adopted by the Texas Commission on Environmental Quality. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB273

*H.B. 366. 12/3/2008-Filed. Relating to creating a task force to review electric energy generation policies and certain permits for operation of electric generation facilities and to study the state's long-term demand for electric generation capacity. "The task force may solicit and accept gifts, grants, and appropriation for purposes of this section." Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB366

*S.B. 480. 1/14/2009-Filed. Relating to the authority of the Texas Transportation Commission to enter into a covenant for environmental remediation of real property owned by the Texas Department of Transportation. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB480

*S.B. 448. 1/9/2009-Received by the Secretary of the Senate. Relating to the authority of the Texas Department of Transportation to mitigate adverse environmental impacts resulting from the construction, improvement, or maintenance of state highways or state highway facilities. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB448

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The Wise Report
Henry M. Wise, P.G.
January 24, 2009

The State Legislature is in session once again. There are currently five bills that are of interest:

S.B. 483 (also H.B. 469). 1/15/09 - Recieved by the Secretary of the Senate. Authors: Seliger, Carona, and Duell, relating to the establishment of incentives by this state for the implementation of certain projects to capture and sequester in geological formations carbon dioxide that would otherwise be emitted into the atmosphere. 60% of carbon emissions from clean coal will be sequestered. Sequestration will be monitored by the Bureau of Economic Geology at UT Austin, and there will also be tax incentives for sequestration used by O&G for enhanced oil recovery. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB483

H.B. 469 (same as S.B. 483, above). 12/22/08 - Filed. Authors: Phil King, Anchia, and Hughes. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB469

S.B. 274 (same as H.B. 178). 11/12/08 - Received by the Secreatry of the Senate. Author: Nichols, relating to limitation on the location of injeciton wells. Prohibits injection wells near faults, in recharge zones, and within 0.5 miles of water supply wells, residences, schools, churches, etc. Doesn't say what type of injection wells and therefore has the potential to shut down ISR mining. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB274

H.B. 178 (same as S.B. 274, as above). 12/22/08 - Filed. Author: Creighton. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB178

S.B 136. 11/10/08 - Received by the Secregary of the Senate. Relating to the Texas Global Warming Solutions Act; imposing a fee and providing a penalty. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=SB659

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The Aquifer Monitor: News from the Groundwater Resources Division of the Texas Water Development Board (TWDB) (http://www.twdb.state.tx.us/groundwater).

Topics this month:

1.Texas Supreme Court rules on Guitar Holding Company v. Hudspeth County Underground Water Conservation District
2. Drought!
3.TWDB to fund study on uncertaintyand risk in the management of water resources
4. Proceedings of the Far West Texas Climate Change Conference
5. Patriotic groundwater
6. Looking for modelers
7. Upcoming groundwater-related conferences in Texas
X. Fine print

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1.Texas Supreme Court rules on Guitar Holding Company v. Hudspeth County Underground Water Conservation District

The Texas Supreme Court recently ruled in favor of the Guitar Holding Company in its lawsuit against the Hudspeth County Underground Water Conservation District No. 1. In short, the court ruled thata historic use permit granted by a groundwater conservation district applies not only to the volume of water for that historic use, but also to the actual purpose of the use, whether it be agricultural, municipal, or industrial. What this means in practical terms is that if a permit holder wants to change the use from, say, agriculture to municipal, the historic use permit no longer applies.

To read the ruling yourself, please go here: http://www.supreme.courts.state.tx.us/historical/2008/may/060904pdf

2. Drought!

Once again,Texas finds itself underdrought conditions, with the Panhandle, South Central,South, and Far WestTexas experiencingextreme drought conditions. According to the U.S. Drought Monitor, the Oklahoma Panhandle and the bordering areas in Texasare experiencing exceptional drought conditions.The Nation Weather Service projects ongoing, persistent, or intensifying drought for much of thestate through September.

According to the San Antonio Water System, San Antonio hasreceived less than 4 inches of rain since January, more than12 inches below normal. This week, the San Antonio Segment of the Edwards Aquifer went into Stage 1 drought restrictions as the J-17 indicator well fell below an average elevation of 660 feet above sea level for10 days for the first time since October 2006.

TWDB drought page:
http://www.twdb.state.tx.us/DATA/DROUGHT/drought_toc.asp

U.S. Drought Monitor:
http://www.drought.unl.edu/dm/DM_south.htm

U.S. Seasonal Drought Outlook:
http://www.cpc.ncep.noaa.gov/products/expert_assessment/seasonal_drought.html

3.TWDB to fund study on uncertaintyand risk in the management of water resources

The 2007 State Water Plan contains 4,500 water management strategies needed to meet the water supply needs of the state over the next 50 years. Implementation of individual water management strategies may not be possible due to permit requirements and the need for public support - details that are often not known in the early stages of planning. Further uncertainties exist due to surface and groundwater availability model inaccuracies, costs and funding sources, and unforeseen changes in the population dynamics of the state or region. The threat of climate change has also made water supply managers worry about the reliability of their existing supplies and if it is valid to assume that the next 50 years of hydrology will have droughts no worse than those seen in the past 50 years.

This research will investigate approaches for quantifying and considering uncertainties and risk in water resources planning and management, focusing primarily on climate change and implementation of water management strategies. Specifically, the deliverable will be a recommended approach for integrating risk and uncertainty into the current round of regional water planning in Texas. An example specific to a water user group or regional water planning group to demonstrate the applicability of the proposed approach is also expected.

Our board gave staff permission to negotiate a contract with INTERA Inc. to conductthis study on quantifying uncertainty and risk in the management of water resources.

4. Proceedings of the Far West Texas Climate Change Conference

TWDB hosted a conference in El Paso focused on climate change and the Rio Grande on June 17, 2008. Attendees heard from various experts, including scientists and water managers from New Mexico, Colorado, and Arizona in addition to Texas. Copies of the presentation may be downloaded here: http://www.twdb.state.tx.us/wrpi/climate/climate_conference.htm

TWDB staff plan to publish a report with papers from the contributors as well as the suggestions from the facilitated discussion sessions concerning research needs, funding, and planning for climate change.

5. Patriotic groundwater

As the Fourth of July approaches, it might be good to pause and think about what all those perchlorate-spewing fireworks might mean to groundwater quality...

http://www.des.state.nh.us/factsheets/ws/Ws-22-22.htm

6. Looking for modelers

Speaking of groundwater and firecrackers... We are still looking forbright and popping groundwater modelers to assistus in running models for the joint planning process. Apply today!

http://www.twdb.state.tx.us/ABOUT/employment_opportunities/Jobs/08-67.pdf

7. Upcoming groundwater-related conferences in Texas

A. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held July 29 and 30, 2008, in Austin. For more info: http://www.texasgroundwater.org/

B. "2008 Public Drinking Water Conference", hosted by the Texas Commission on Environmental Quality, will be held August 19 and 20, 2008, in Austin. For more information: http://www.tceq.state.tx.us/permitting/water_supply/pdw/conference.html

C. "Generations on the Land: Working for Land Stewardship", sponsored by the Sand County Foundation and Texas A&M University's Department of Ecosystem Science and Management, will be held October 24, 2008, in College Station, Texas. For more information: http://sandcounty.net/programs/landholder/LCA/Generations/

D. "Troubleshooting and Problem Solving in Membrane Treatment Facilities: Tools, Tactics, and Techniques", hosted by the South Central Membrane Association, will be held October 27 through 29, 2008, in Austin. For more information: http://www.scmembrane.org/081027-scmaconference.php

E. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held October28 and 29, 2008. For more info: http://www.texasgroundwater.org/

F. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held January 27 and 28, 2009, in Austin. For more info: http://www.texasgroundwater.org/

G. "Karst Horizons: 15th International Congress of Speleology" sponsored by the International Union of Speleology and the National Speleological Society will be held July 19-26, 2009, in Kerrville, Texas. For more information: http://www.ics2009.us/

X. Fine print

The purpose of these periodic emails is to notify groundwater stakeholders in Texas about TWDB products, services, and funding opportunities related to groundwater. If you do not wish to receive these emails, please reply and let me know. If you know of others that would want to be on this email list, please have them send their contact information to me.

Robert E. Mace, Ph.D., P.G.
Director
Groundwater Resources Division
Texas Water Development Board
P.O. Box 13231
Austin, TX 78711-3231
p: (512) 936-0861
f: (512) 936-0889
e: robert.mace@twdb.state.tx.us
http://www.twdb.state.tx.us/groundwater/

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The Wise Report
Henry M. Wise, P.G.
June 15, 2008

The Texas Board of Professional Geoscientists (TBPG) met on June 6, 2006. The video of the meeting is available at: http://www.texasadmin.com/cgi-bin/txgeo.cgi. The highlights of the meeting were:

The TBPG has a list server to inform people of the latest news and events concerning the agency. Over 3,200 licensees currently have e-mail addresses on file with the Board and they will automatically be included on the e-mail distribution list unless they notify the TBPG otherwise. If you believe you have an e-mail address on file with the TBPG but do not want to receive these updates, please notify the TBPG at: webmaster@tbpg.state.tx.us and you will be removed from the distribution list. If you are a licensee and unsure if the TBPG has your e-mail address on file and would like to receive these updates, please contact the webmaster and request to be added to the distribution list. Members of the public who would be interested in receiving these updates can also request to be added to the list.

Approximately 6400 geologists are registered and approximately one-third of those have expired. The TBPG is making all reasonable efforts to remind people that they are expired and how to be re-instated. Remember that if you take too long, you'll need to go through the entire process once again, including taking the ASBOG exams if you haven't already, in order to get re-instated. The TBPG is also trying to find out why those who have decided not to re-register so that they may be able to improve their services.

Reciprocity with Mississippi is scheduled to begin on September 1, 2008. The TBPG is also working on reciprocity agreements with Idaho, California, North and South Carolina, Washington state, Wyoming, and Indiana.

There are currently 157 firm registered.

The TBPG is still working on developing a geologist-in-training program and getting the professional services procurement act amended to recognize P.G.s. This will not occur until approved by the next legislative session.

Executive Director Hess was back from Iraq. Colonel Hess was to be discharged from the army this month but was told that his service is being extended for another year. It appears that he'll not be returning to Iraq. Thanks for your service and sacrifices for our country, Colonel Hess, and good luck in the future.

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The Wise Report
Henry M. Wise, P.G.
May 18, 2008

The Texas Commission on Environmental Quality (TCEQ) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 334, Underground And Aboveground Storage Tanks, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B. The proposed rulemaking would implement House Bill (HB) 3554 and HB 1956, 80th Legislature, 2007, Regular Session. At the request of the TCEQ, the preamble of this rule proposal also specifically requests comments on the question of whether Leaking Petroleum Storage Tank (LPST) sites should be removed from the Texas Risk Reduction Program (TRRP) requirements in 30 TAC Chapter 350. The public hearing on this proposal is in Austin on May 27, 2008, 10:00 a. m. at the TCEQ complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing. For more information go to: http://www.tceq.state.tx.us/rules/hearings.html

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The Texas Railroad Commission (RRC) has repeal all rules and propose new rules to address HB 3837 re: uranium mining and exploration (Chapter 11). The RRC failed to adopt the proposal within six months of publication, so the proposal must be withdrawn. For more information go to: http://www.rrc.state.tx.us/rules/proposed.html

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The Aquifer Monitor: News from the Groundwater Resources Division of the Texas Water Development Board (TWDB) (http://www.twdb.state.tx.us/groundwater).

Topics this month:

1. More desired future conditions adopted
2. Another groundwater opinion from the courts: Aspermont v. Rolling Plains
3. Stakeholder meeting for the GAM for the Yegua-Jackson Aquifer
4. Groundwater conservation district in Lavaca County fails its confirmation vote
5. TWDB to host climate change conference
6. GAM information for groundwater management plans
7. Groundwater and love
8. Looking for modelers
9. Upcoming groundwater-related conferences in Texas
X. Fine print

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1. More desired future conditions adopted

The groundwater conservation districts in Groundwater Management Area 8 have adopted desired future conditions for several more of the aquifers in their area. On May 19, 2008, the districts adopted conditions for the Ellenburger-San Saba, Hickory, and Marble Falls aquifers. The desired future conditions in draft form are available for review on the districts' website at www.gma8.org.

In December 2007, the 10 district committee for Groundwater Management Area 8 adopted desired future conditions for five of the nine major and minor aquifers within its boundary. These aquifers were the Edwards (Balcones Fault Zone), Blossom, Brazos River Alluvium, Nacatoch, and Woodbine. Conditions for the Trinity aquifer and anticipate finalizing conditions for adoption later this year. Now the only remaining aquifer for which desired future conditions are pending in Groundwater Management Area 8 is the Trinity Aquifer. The districts have been working diligently to refine proposed desired future

2. Another groundwater opinion from the courts: Aspermont v. Rolling Plains

The Eleventh Court of Appeals filed a rather interesting opinion in the case of the City of Aspermont v. the Rolling Plains Groundwater Conservation District. According to court documents, the City of Aspermont failed to file monthly reports and pay fees on groundwater exported out of the Rolling Plains Groundwater Conservation District. The district is located over the Seymour Aquifer in Knox, Baylor, and Haskell counties and the city is located in Stonewall County. The district filed suit for the fees, late fees, penalties, attorney fees, and other costs and asked the court to declare that Aspermont is subject to the district's rules and regulations. Aspermont claimed sovereign immunity, in other words, that it was immune from the suit.

The appeals court says that, because the district did not get permission from the legislature to sue and because Chapter 36 of the Texas Water Code doesn't specifically state that sovereign immunity is waived for municipalities or that districts are allowed to sue municipalities, Aspermont is immune from suit for monetary damages.

To read the full opinion, please go here:

http://www.11thcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=8979

It's unclear at this time if this ruling will be appealed.

3. Stakeholder meeting for the GAM for the Yegua-Jackson Aquifer

TWDB is funding the development of a groundwater availability model (GAM) for the Yegua-Jackson Aquifer. TWDB staff and the contractor, INTERA Inc., will be holding the first stakeholder advisory forum for the project on Tuesday, June 24th, 2008, at 1:00 PM in Room 120 of Building A of the Centeq Building on the campus of Texas A&M University at 1500 Research Parkway in College Station (map: http://vfic.tamu.edu/contact.htm).

The presentation topics for this forum include:

(1) model objectives, expectations, and schedule;
(2) basics of groundwater flow in aquifer;
(3) concept of numerical groundwater modeling;
(4) approach for development of the model;
(5) summary of data sources reviewed and data base that has been developed to date to support the model; and
(6) identification of data needs.

We encourage your input, questions, and discussion on these topics at the forum.

Additional information on the GAM program and on the role of the stakeholder advisory fourm can be
found at the TWDB web site at http://www.twdb.state.tx.us/gam. Stakeholder participation is critical to the development of this aquifer model and the success of the GAM program. Stakeholder participation is promoted in the GAM program through public stakeholder meetings. INTERA, in cooperation with the TWDB, is holding these meetings as part of the model development process. The public forums are meant to update stakeholders on the progress of model development and to solicit your comments and discussion. Anyone interested in the development of this aquifer model is invited and encouraged to participate. Presentations and a summary of questions and answers from the meetings will be posted at http://www.twdb.state.tx.us/GAM/ygjk/ygjk.htm.

The TWDB contract manager for the Yegua-Jackson GAM is Ms. Cindy Ridgeway (512-936-2386; Cindy.Ridgeway@twdb.state.tx.us). If you have any questions or comments, please do not hesitate to contact Ms. Ridgeway or Van Kelley with INTERA (512-425-2047; vkelley@intera.com).

4. Groundwater conservation district in Lavaca County fails its confirmation vote

The voters of Lavaca County defeated the confirmation of a groundwater conservation district with 57 percent against confirming the district to 43 percent for. The Texas Legislature created the district in 2007 and, like most districts, the Lavaca County district needed to be confirmed by local voters before becoming permanent. The enabling legislation for the district doesn't expire until September 1, 2013, so the district may come up for a vote again.

5. TWDB to host climate change conference

The TWDB is holding a working conference to consider the possible impact of climate change on surface water supplies from the Rio Grande and potential water management strategies to offset any potential impacts. The one-day conference will be held on June 17, 2008, at the Carlos M. Ramirez TecH20 Water Resources Learning Center in El Paso and will feature experts from Texas, Arizona, New Mexico, and Colorado. If you would like to attend, please RSVP to Ms. Kathleen Ligon at Kathleen.ligon@twdb.state.tx.us or (512) 463-8294 by May 30, 2008.

You may download a preliminary program here:

http://www.twdb.state.tx.us/publications/misc_files/conference_mailer.pdf

6. GAM information for groundwater management plans

Chapter 36 of the Texas Water Code requires groundwater conservation districts to "...use groundwater availability modeling information provided by the executive administrator..." in their groundwater management plans. TWDB rules require that groundwater availability modeling (GAM) information, if a model is available, be used for estimates of (1) the amount of recharge from precipitation, (2) the amount of water that naturally discharges from the aquifer to springs and any surface water bodies, (3) the amount of groundwater that flows into and out of the district, and (4) the amount of water that flows between the aquifers in the district.

TWDB staff are preparing and sending out GAM runs, under the signature of our Executive Administrator, to districts that have groundwater management plans that are due soon for renewal. If you are a district and you expect to submit a plan early, please be sure to let Ms. Cindy Ridgeway (cindy.ridgeway@twb.state.tx.us; 512.936.2386) know so she can get a GAM run to you as soon as possible. Note that TWDB staff will not recommend approval of your groundwater management plan if it does not include this GAM information.

Chapter 36 further states that districts shall use GAM information provided by the Executive Administrator "...together with any available site-specific information that has been provided by the district to the executive administrator for review and comment before being used in the plan." Therefore, if you plan to also use information besides the GAM information for items (1), (2), (3), and (4) listed above, you need to first send that information with a request to review and comment to our Executive Administrator. Note that TWDB staff will not recommend approval of your groundwater management plan if the site specific information used has not been previously submitted for review and comment by the Executive Administrator. This review only relates to items (1), (2), (3), and (4) mentioned above.

Also note that submitting site specific information for comment and review does not mean that you can then not include the GAM information provided by the Executive Administrator in the plan. Chapter 36 says that districts shall use GAM information provided by the Executive Administrator together with site specific information that has been reviewed and commented on by the Executive Administrator.

So be looking for GAM information in the mail, because we'll be looking for it in your management plan!

For questions, please contact Ms. Rima Petrossian at rima.petrossian@twdbstate.tx.us or at 512.936.2420.

7. Groundwater and love

Next month, June, is known for love, given the large number of weddings planned by goo-goo-eyed couples across the state (and the subsequent anniversaries of hopefully still goo-goo-eyed couples). Here's a song that equates the water level in your well to the love in your life:

https://www.authorsden.com/adstorage/25908/YouNeverMissYourWaterEQ.mp3

8. Looking for modelers

Speaking of groundwater and love... Middle aged (and middle sized) state agency looking for two smart and motivated groundwater modelers for a possible (and hopeful!) long-term relationship. Must enjoy long walks discussing the finer points of finite difference equations and numerical solvers, dancing around assumptions, and arty displays of potentiometric surfaces. Willingness to work with model grids that are height-width proportional is a big plus. Kids OK.

http://www.twdb.state.tx.us/ABOUT/employment_opportunities/Jobs/08-67.pdf

9. Upcoming groundwater-related conferences in Texas

A. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held July 29 and 30, 2008, in Austin. For more info: http://www.texasgroundwater.org/

B. "Generations on the Land: Working for Land Stewardship", sponsored by the Sand County Foundation and Texas A&M University's Department of Ecosystem Science and Management, will be held October 24, 2008, in College Station, Texas. For more information: http://sandcounty.net/programs/landholder/LCA/Generations/

C. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held October 28 and 29, 2008. For more info: http://www.texasgroundwater.org/

D. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held January 27 and 28, 2009, in Austin. For more info: http://www.texasgroundwater.org/

E. "Karst Horizons: 15th International Congress of Speleology" sponsored by the International Union of Speleology and the National Speleological Society will be held July 19-26, 2009, in Kerrville, Texas. For more information: http://www.ics2009.us/

X. Fine print

The purpose of these periodic emails is to notify groundwater stakeholders in Texas about TWDB products, services, and funding opportunities related to groundwater. If you do not wish to receive these emails, please reply and let me know. If you know of others that would want to be on this email list, please have them send their contact information to me.

Robert E. Mace, Ph.D., P.G
Director
Groundwater Resources Division
Texas Water Development Board
P.O. Box 13231
Austin, TX 78711-3231
p: (512) 936-0861
f: (512) 936-0889
e: robert.mace@twdb.state.tx.us
http://www.twdb.state.tx.us/groundwater/

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The Wise Report
Henry M. Wise, P.G.
April 4, 2008

The Texas Board of Professional Geoscientists (TPBG) held their most recent Board Meeting on March 28, 2008. Video of this meeting can be seen at: http://www.texasadmin.com/cgi-bin/agenda.cgi?location=txgeo&savefile=TBPG_BM032808

The following are some of the highlights of the meeting:

The TBPG is working on outreach programs that include Groundwater Districts and Universities. They are also working on better defining the difference between public and private practice.

The Legislative Committee of the TBPG is looking into the possibility of a Geologist-in-Training program. This program would be designed to help young geologists obtain their PG registration. The TBPG cannot draft any legislation, however. They are looking for individuals and/or groups, like the Texas Association of Professional Geoscientists, to draft the legislation and present it to the legislature for approval. The legislature meets next year and the time to draft any new leglation is now. The draft bill would need to be sponsored by one or more legislators this fall.

The Legislative Committee is also working on getting the PG added to the list of recognized professions by the State Of Texas, as defined in Chapter 2254, Government Codes.

The TBPG has adopted a new rule that allows for a waiver of the written exam requirement if you have at least 15 years of experience. If you have a Master's Degree you'll need at least 13 years, and 10 years if you have a Ph.D. You'll still need to meet the other statutory requirements, however.

We now have a reciprocity agreement with the State of Mississippi. This agreement includes PGs that were grandfathered. For more information go to: http://www.tbpg.state.tx.us/reciprocity%20agreement%20MS.pdf

The TBPG has approved the adoption of an amendment to 22 TAC 850.63, Responsibilities of the Board and Executive Director. The change removes the requirement for notification of clients of how to file a complaint with the TBPG from invoices to the client. However, you will still be required to to notify consumers and service recipients of the name, mailing address, and telephone numbers of the Board for purposes of directing complaints to the Board. The notification is to be included on both the license holder's written contracts for services, and on a certificate of registraton displayed in the license holder's place of business. This rule is found at 850.63 (h) under the "Rules" link. A copy of the certificate of registration can be found at: http://www.tbpg.state.tx.us/COMPLAINTS%20to%20board.doc

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The TCEQ has revised two of their rules for Corrective Action Specialists and Corrective Action Project Manaters. The first is that these licenses are now valid for three years, instead of two. This change makes for more efficient operations at the TCEQ. The second is that the fees for these licences have been increased by $2 per year to pay for online renewals.

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The TCEQ has pending proposed rules for ASTs and USTs in regards to HB 3554, HB 1956: Regulation, Remediation, and Financial Assurrance. HB 3554 allows the use of money in the Petroleum Storage Tank Remediation (PSTR) Account for certain AST and UST expenses; extends the fee imposed on the delivery of a petroleum product on withdrawal from bulk; eliminates the current annual UST and AST facility fee and allows its reinstatement at per tank amounts set by the commission; and extends the sunset date of the PSTR Account and the expiration date of the petroleum storage tank reimbursement program. HB 1956 requires financial assurance. In addition, the preamble of this rule proposal also specifically requests comments on the question of whether Leaking Petroleum Storage Tank (LPST) sites should be removed from the Texas Risk Reduction Program (TRRP) requirements in 30 TAC Chapter 350. For more information, go to: http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/proposals/07037334_pex.pdf

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The Environmental Protection Agency (EPA) has revised the Brownfields Grant Proposal Guidelines (guidelines) for fiscal year 2009 and is soliciting comments on those revisions. EPA's Brownfields Program provides funds to empower states, communities, tribes and nonprofits to prevent, inventory, assess, clean up and reuse brownfield sites. EPA provides brownfields funding for three types of grants: assessment, revolving loan fund and cleanup. View draft guidelines at: http://www.epa.gov/brownfields/. Submit comments to Megan Quinn Quinn.Megan@epa.gov by April 7, 2008.

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The Forest Service requests written comments on a proposed rule that would revise the regulations for locatable minerals operations conducted on National Forest System lands. The revised rule would apply to prospecting, exploration, development, mining and processing operations, and reclamation under the Mining Law of May 10, 1872, as amended. Submit comments to: 36cfr228a@fs.fed.us

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The Aquifer Monitor: News from the Groundwater Resources Division of the Texas Water Development Board (TWDB)
(http://www.twdb.state.tx.us/groundwater).

Topics this month:

1. New requirements for groundwater management plans
2. Surface water-groundwater paper
3. Water research priority topics: Requests for Statements of Qualifications
4. Water found on Mars
5. Upcoming groundwater-related conferences in Texas
X. Fine print

1. New requirements for groundwater management plans

When we revised our rules late last year, the petition process received most of the attention. However, our rules also included several minor but important changes to the requirements for groundwater management plans. These changes include:

(1) submitting an electronic copy and a hard copy of the plan,
(2) showing the most recent five years of historical water use that is available (remember, this is not a projection for future years),
(3) requiring the managed available groundwater and the desired future condition information, if available, or a statement of the involvement of the district in the planning process, if not, and
(4) for the conservation goal, if applicable, listing and addressing each component separately, specifically rainwater harvesting, brush control, recharge enhancement, precipitation enhancement, and conservation.

When we review your management plan for administrative completeness, we will be looking for these items.

We've posted an updated and more user-friendly checklist on our Web site: http://www.twdb.state.tx.us/GwRD/GCD/pdf/GMPCheckList0308.pdf

As always, we are available to conduct pre-reviews of groundwater management plans and strongly recommend that you take advantage of this service.

For for further details or enlightenment, please contact Ms. Rima Petrossian rima.petrossian@twdb.state.tx.us or Mr. Lance Christian lance.christian@twdb.state.tx.us.

2. Surface water-groundwater paper

We recently posted a paper we wrote for TexasBarCLE on surface water and groundwater interaction. The paper includes a scientific and legal descriptions of surface water and groundwater and the interactions thereof, some examples of interactions, how those interactions are handled in the surface water and groundwater availability models, and how those models may be improved in the future.

The paper can be downloaded from our groundwater publication page: http://www.twdb.state.tx.us/GwRD/pages/gwrdpubs.html or directly with this link: http://www.twdb.state.tx.us/gwrd/pdfdocs/Mace and Others 2007.pdf

3. Water research priority topics: Requests for Statements of Qualifications

The TWDB has released its list of water research priority topics and is accepting statements of qualifications up until April 23, 2008. The topics include research related to rainwater harvesting, desalination concentrate, water education, storm water reuse, model subdivision rules, and uncertainty and risk in the management of water resources.

More information about these topics and instructions on how to submit a statement of qualifications can be downloaded here: http://www.twdb.state.tx.us/publications/requestforproposals/SOQs_ResearchTopics030708.pdf

4. Water found on Mars

NASA scientists plan to officially release (tomorrow) unequivocal photographic evidence of water on Mars: http://apod.nasa.gov/apod/image/0504/WaterOnMars2_gcc_big.jpg

5. Upcoming groundwater-related conferences in Texas

A. "2008 AAPG Annual Convention & Exhibition-Deliver the Conventional; Pursue the Unconventional", hosted by the American Association of Petroleum Geologists, will be held April 20 through 23, 2008 in San Antonio. For more information: http://aapg.org/sanantonio/

B. "Forecast: Climate Change -- Texas Water", sponsored by the River Systems Institute, will be held April 28-30, 2008, at the Texas State Capitol Extension in Austin, Texas. For more information: http://www.rivers.txstate.edu/CCTW/CCTW08index.htm

C. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held April 29 and 30, 2008. For more info: http://www.texasgroundwater.org/

D. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held July 29 and 30, 2008, in Austin. For more info: http://www.texasgroundwater.org/

E. "Generations on the Land: Working for Land Stewardship", sponsored by the Sand County Foundation and Texas A&M University's Department of Ecosystem Science and Management, will be held October 24, 2008, in College Station, Texas. For more information: http://sandcounty.net/programs/landholder/LCA/Generations/

F. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held October 28 and 29, 2008. For more info: http://www.texasgroundwater.org/

G. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held January 27 and 28, 2008, in Austin. For more info: http://www.texasgroundwater.org/

H. "Karst Horizons: 15th International Congress of Speleology" sponsored by the International Union of Speleology and the National Speleological Society will be held July 19-26, 2009, in Kerrville, Texas. For more information: http://www.ics2009.us/

X. Fine print

The purpose of these periodic emails is to notify groundwater stakeholders in Texas about TWDB products, services, and funding opportunities related to groundwater. If you do not wish to receive these emails, please reply and let me know. If you know of others that would want to be on this email list, please have them send their contact information to me.

Robert E. Mace, Ph.D., P.G.
Director
Groundwater Resources Division
Texas Water Development Board
P.O. Box 13231
Austin, TX 78711-3231
p: (512) 936-0861
f: (512) 936-0889
e: robert.mace@twdb.state.tx.us
http://www.twdb.state.tx.us/groundwater/

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The Wise Report
Henry M. Wise, P.G.
March 21, 2008

The TCEQ announces the publication of a new TRRP guidance document, Risk-Based NAPL Management (TRRP-32) and is available for download from the TCEQ TRRP Guidance and Forms web page at http://www.tceq.state.tx.us/remediation/trrp/guidance.html.

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AIPG-AEG Texas Members:

Big Bend Geology Field Trip
April 24-26, 2008

Arrive by Amtrak train and spend 3 days observing the spectacular geology of the Big Bend area!

Announcement and Registration form: http://mdcampbell.com/BigBendAnnouncementandRegistration.pdf

Sponsored by Association of Environmental & Engineering Geologists and Houston Geological Society

FIELD TRIP LEADERS: Dr. James Stevens, Professor Emeritus, Lamar University, Dr. Roger Cooper, Professor of Geology, Lamar University

Planning for the Big Bend Field Trip to be held April 24-26, 2008 is underway and sponsors for the field trip are still needed. For $50, you can advertise in the Big Bend Field Trip Guidebook that will be given to each participant. What a DEAL! See http://www.mdcampbell.com/BigBendsponsorForm.pdf for more information.

Thank you in advance for your contribution!

- AEG/HGS Big Bend Field Trip Committee

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The Wise Report
Henry M. Wise, P.G.
March 8, 2008

Bud Martin, with Eagle Construction & Environmental Services, L.P. submitted the following on the TPDES General Permit TXG83000. This is very important if you are running remediation units (especially MDPE units) that discharge to the stormwater sewers:

After talking to Yvonna Pierce (512) 239-4671 at TCEQ, here's what I've found out about the TPDES General Permit TXG830000 for the discharge of petroleum contaminated water. The previous general permit did expired 10/2/07, five years after the initial issuance. Although a draft of an amended permit was published and comments solicited last June, the amended permit has not yet been renewed. It has been republished 2/8/08 in the Texas Register and a new comment period ends 3/10/08. Yvonna estimates that it will probably be at least mid summer before the amended permit is approved. IN THE MEANTIME, THERE IS NO PROVISION FOR NEW COVERAGE UNDER THAT PERMIT-i.e. new NOI's are being returned to the applicants without approval to discharge. Existing discharges that were previously covered under the old general permit are still covered on an interim basis, but no new coverage exists.

The end result of this is that in the case of mobile systems such as MDPE rigs, discharge of the treated water to the storm drainage system is not allowed under the general permit at this time since a new NOI must be filed with each change of location of the equipment. For fixed remediation systems any change of owner or operator also requires a new NOI is therefore also not covered. According to Yvonna, among other changes in the amended draft permit, the MTBE effluent limitation is lower and there is a decrease in the frequency of required pH monitoring. Also, in addition to the application fee, there will now be a $500 fee assessed for each permitee that has not submitted an NOT by September 1st of each year. Here's a link to a TCEQ web page that contains links to a fact sheet and the draft permit: http://www.tceq.state.tx.us/

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The TCEQ is holding public meetings on the following proposed rules:

HB 2654: UIC Class I Nonhazardous Rules for Water Treatment Residuals, April 8, 2008, at 10:00 a.m. at the TCEQ Complex located at 12100 Park 35 Circle in Building E, Room 201S.

SB 662: Groundwater Availability for Platting, March 27, 2008, at 2:00 p.m. at the TCEQ Complex located at 12100 Park 35 Circle in Building E, Room 201S.

HB 3220: Dry Cleaner Regulation and Remediation, March 11, 2008, at 10:00 a.m. at the TCEQ Complex located at 12100 Park 35 Circle in Building E, Room 201S.

For more information on these meetings go to: http://www.tceq.state.tx.us/

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Donna Davis submitted the following from the AGU:

The Institute of Creation Research (ICR) recently relocated its graduate school program from San Diego, California to Dallas, Texas. The school is attempting to obtain accreditation from the Texas Higher Education Coordinating Board (THECB) to grant Masters of Science Education degrees in Texas. The graduate school does not teach modern geology, biology, astronomy, or the scientific method, yet graduates of the program receive a Masters of Science Education and would be able to teach science in private or public schools.

A state advisory panel already has recommended that the Board accredit ICR's masters program; however, the Board will vote on 24 April to make a final decision on ICR's accreditation. The Board has delayed the proceedings because of a large public outcry from both proponents and opponents of ICR. If science teachers do not receive an appropriate scientific education they would not be adequately trained to teach the critical foundations of science such as modern biology, geology, and astronomy to the next generation of students.

If you would like to take action on this issue, contact one or all of the following:
* Your Congressional representative in Texas (find their contact information here: http://www.congressweb.com/)
* Dr. Raymond Paredes, Commissioner of Higher Education on the THECB (512-427-6101)
* The THECB (http://www.thecb.state.tx.us/ to write an email, or visit http://www.thecb.state.tx.us/ for phone numbers of members of the Board)

Talking points can be based on AGU's recently revised position statement "Biological Evolution and the History of the Earth Are Foundations of Science" that can be found online at: http://www.agu.org/.

The National Academy of Sciences recently published a report on science, evolution, and creationism that reaffirms the overwhelming scientific evidence supporting evolution and the importance of teaching evolution as part of a science curriculum. Information about the National Academies Report can be found at: http://www8.nationalacademies.org/. The ICR website is: http://www.icr.org/.

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The Wise Report
Henry M. Wise, P.G.
November 18, 2007

Kelly Krenz, with TCB, Inc, and a member of the Texas Board of Professional Geoscientists, informs me that all elected and appointed public officials are required by state law to receive training in Texas open government laws. The Office of the Attorney General offers free video training courses, which were developed in compliance with a mandate from the 79th Texas Legislature that the Attorney General establish the formal training necessary to ensure that all elected and appointed government officials have a good command of both open records and open meetings laws. If you're interested in this training for yourself, go to: http://www.oag.state.tx.us/.

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The Wise Report
Henry M. Wise, P.G.
November 2, 2007

If you're looking for that one hour of ethics training and don't know where to get it, try the Texas Board of Professional Geoscientists website. They have an online, one-hour ethics course available. Just fill out the registration form. They will email you a link to the 45-minute video, watch it, and pass a 10-queston test at the end and you'll get a certificate good for one-hour of ethics continuing education credit. The course can be found at: http://www.tbpg.state.tx.us/.

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The Wise Report
Henry M. Wise, P.G.
October 14, 2007

The Railroad Commission of Texas (RRC) proposes to amend §3.50, relating to Enhanced Oil Recovery Projects--Approval and Certification for Tax Incentive, to incorporate changes made by House Bill (HB) 3732, 80th Legislature (2007), Regular Session, and to amend §3.80, relating to Commission Oil and Gas Forms, Applications, and Filing Requirements, to adopt a new form related to HB 3732 and to amend and delete other forms.

Section 9 of HB 3732 amends Chapter 202 of the Texas Tax Code, relating to Oil Production Tax) to add new §202.0545, relating to Tax Exemption for Enhanced Recovery Projects Using Anthropogenic Carbon Dioxide. In general, the bill provides a reduction in the tax rate on oil produced from enhanced recovery projects using anthropogenic carbon dioxide. These changes became effective September 1, 2007.

For more information go to: http://www.rrc.state.tx.us/

The RRC proposes the repeal of all rules in 16 TAC Chapter 11, relating to Surface Mining and Reclamation Division, and proposes several new rules under newly titled Chapter 11, relating to Uranium Exploration and Surface Mining. The proposed new rules are as follows:

In Subchapter A, entitled General Administrative Rules, new §§11.1-11.4, relating to Practice and Procedure; Definitions; Permit Processing; and Temporary Orders Prior to Notice and Hearing. In new Subchapter B, entitled Permits for Uranium Exploration and Surface Mining, new §§11.21-11.33, and 11.41-11.46, relating to Purpose and Authority; Applicability; Confidentiality; Uranium Exploration Permit Required; Application for Uranium Exploration Activity; Uranium Exploration Permit Application Fees; Uranium Exploration Reclamation and Plugging Requirements; Uranium Exploration Plugging Report; Uranium Exploration Permit Renewal; Uranium Exploration Permit Amendment; Uranium Exploration Permit Transfer; Uranium Exploration Application Notification by the Commission; Information Provided to Groundwater Conservation Districts; Uranium Surface Mining Permits; Bonding, Insurance, and Payment of Fees; Surface Mining Permit Renewal; Surface Mining Permit Transfer; Surface Mining Permit Approval or Denial; and Permit Changes. In new Subsection C, entitled Designation of Lands Unsuitable for Surface Mining, new §§11.71-11.72, relating to Petition Procedure and Determination; and Elements of Unsuitability.

In new Subchapter D, entitled Surface Mining Reclamation, Mine Closing, and Release, new §§11.81-11.86, relating to Reclamation Plan; Reclamation Standards; Alternative Reclamation Methods; Amendments; Surface Mine Closing; and Release.

In new Subchapter E, entitled Reporting, Record Maintenance and Performance Bonds, new §§11.91-11.94, relating to Annual Report; Maintenance of Records; Performance Bonds; and Release or Reduction of Bonds. In new Subchapter F, entitled Enforcement by the Commission, new §§11.151-11.165, relating to Scope; Inspections; Time and Procedures for Inspection; Violations Creating Imminent Danger or Causing Imminent Harm; Violations Not Creating Imminent Danger or Causing Imminent Harm; Continuous Violations; Notice of Violation or Cessation Order; Civil Action; Injunctive Relief and Civil Penalty; Administrative Penalty; Penalty Assessment Procedures; Payment of Penalty and Refund; Criminal Penalty for Violating Permits and Orders; Criminal Penalty for Corporate Permittee; and Criminal Penalty for False Statement, Representation, or Certification. Although all the proposed new rules will be designated in the Texas Register with underlining to indicate new wording, in fact in only a few of the rules have substantively different wording proposed from what is currently in effect. Most of the rules have only minor differences from the current wording and can be found at: http://www.rrc.state.tx.us/

On-line comments can be made at: http://www.rrc.state.tx.us/.

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The Wise Report
Henry M. Wise, P.G.
September 29, 2007

The Texas Board of Professional Geoscientists has provided the following link to their recent audit of finances: https://fmx.cpa.state.tx.us/

The posting of this audit is the result of House Bill 3430, enacted recently by the 80th Legislature, which requires the Texas Comptroller of Public Accounts to create an online state expenditure database to make state spending transparent to the public by Oct. 1, 2007. Additionally, by Oct. 1, 2007, state agencies and institutions of higher education that have a generally accessible website must include a link to Where the Money Goes on their websites. If you're interested in other State Agencies, you can access the Window on State Government via the following link:
Where the Money Goes: Online State Expenditure System

Use the search window at the upper left of the website to look up the agency/institution of higher education of interest.

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The Wise Report
Henry M. Wise, P.G.
September 23, 2007

The TCEQ has adopted the following changes to Subchapter E: Leaking Petroleum Storage Tank Corrective Action Project Managers and Specialists:

§30.171, Purpose and Applicability, repeals §30.171(d) in its entirety. This section allows registrations issued before January 1, 2002, to remain in effect until they expire, or are replaced or revoked by the commission. This language is no longer applicable.

§30.180, Qualifications for Initial License, changes the term "preceding" to "previous. " This change provides consistency throughout this section.

§30.185, Qualifications for License Renewal, changes the number of training credits required to renew a license to 32 hours, instead of 16 hours, as is currently required by §30.185(a)(2). This corrects a typographical error that exists in the current provision. Changes in the numbering to this section will occur where necessary to reflect the changes.

§30.190, Qualifications for Initial Registration of RCAS's, clarifies the amount of liability insurance required and changes the term "preceding" to "previous. " This change provides consistency throughout this section. Additionally, the amendment adjusts the initial registration fee from $150 to $232. The fee adjustment includes the cost for the TxOnline subscription fees and the increase from a two-year to a three-year validity period for registrations.

§30.192, Qualifications for Registration Renewal, adjusts the renewal registration fee for Corrective Action Specialists from $150 to $232. The fee adjustment includes the cost for the TxOnline subscription fees and the increase from a two-year to a three-year validity period for registrations.

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The Wise Report
Henry M. Wise, P.G.
September 9, 2007

The Texas Commission on Environmental Quality (TCEQ) has proposed changes to their radiation control rules. The primary purpose of the proposed rules is to implement Senate Bill (SB) 1604, 80th Legislature, 2007, and its amendments to Texas Health and Safety Code (THSC), Chapter 401 (also known as the Texas Radiation Control Act (TRCA)). The bill transfers responsibilities for the regulation and licensing of source material recovery, by-product disposal, and commercial radioactive substances storage and processing from the Texas Department of State Health Services (TDSHS) to the TCEQ. This proposed rulemaking intends to transfer the technical requirements for these programs from the department's rules in 25 TAC §289.254 and §289.260 into new subchapters of the commission's radioactive substantive rules in Chapter 336. While the technical requirements remain the same, these new commission programs will be integrated into and administered under the commission's existing radioactive material program requirements for application processing, public notice, public participation, licensing fees, financial assurance, and enforcement. The proposed amendments to Chapter 37 establish the financial assurance requirements for licenses for uranium recovery, by-product disposal, and radioactive substances storage and processing. The TCEQ proposes that the existing financial assurance requirements of Subchapter T of Chapter 37 be used for the licensing programs subject to the transfer of jurisdiction in SB 1604. SB 1604 also establishes a new state fee for disposal of radioactive substances and amends underground injection control requirements for uranium mining. The TCEQ intends to address the new requirements in separate rulemaking actions. For more information go to: http://www.sos.state.tx.us/.