Issues Surrounding the Edwards Aquifer

The framework in which we address issues surrounding the Edwards Aquifer involves the facts that:

- all the issues are complex and emotional;

- the timelines required to solve the problems are very long;

- the investments required are huge;

- the future is uncertain.

Most of the time, decision makers who face an uncertain future tend to make the timeline as short as possible and the investment as small as possible. In other words, they look for a quick, cheap fix.  But our water issues may not give way to this approach - we have to make long term commitments and very large investments.  Moreover, it seems unlikely that we can use a traditional structural approach to build ourselves out of this mess with more surface water reservoirs and recharge projects.  We will have to THINK ourselves out of this one.

In general, water management issues for the Edwards Aquifer can be broadly classified as technical, legal, economic, and institutional.  However, few concerns fit neatly into one category.  For example, reuse of water at first seems like a technical issue, but on closer inspection it is clear this is mainly an institutional and cultural issue revolving around overcoming negative attitudes toward using recycled water.

Technical Issues

Since the Edwards has been one of the most studied aquifers in the world, most of the technical issues have already been tackled and are in the past.  Projects such as baseline predictions, quantification of Edwards resources, mapping of the catchment, recharge, and artesian zones have already been performed.  But some things are still unclear, even after considerable study:

  • How many recharge features exist and where are they?  Many are still unidentified.
  • How does the "bad water line" move in response to drought and pumping?  Some experts maintain that once the bad water line moves, it will not return to its original position.  Others disagree.  The bottom line is we don't know what will happen if the Aquifer is drawn down below its historic low.
  • How does the granite intrusion known as the Knippa Gap affect flowpaths and well levels?  We know the Gap is a natural barrier that affects the direction of water flowing in the Aquifer, but very little is known about how it works or even where it is.
  • Will tracer analysis give us more detailed information on flowpaths and velocities?  It seems likely, but the Edwards Aquifer Authority has had to put research on hold because of a lack of funds.
  • What are "ample" flows to bays and estuaries?
  • Will a structural approach, involving building more surface water reservoirs and recharge dams, solve our problem?  If so, where will the money come from?  In today's environmentally conscious environment, is it reasonable to assume people will not object to flooding any more of our beautiful Texas river valleys with lakes?
  • Should we at least compare the economics of reuse and conservation with the structural approach and then decide if we should abandon the structural approach?
  • Will a cap on pumping to protect springflows and endangered species actually work?  Many experts maintain the springs will periodically go dry even if no one pumps a single drop.

Legal Issues

To really get a grasp on the complicated legal issues involved, you need to check out the legislative history in the Laws and Regs section!   Some of the major legal issues for the aquifer are:

  • How can we finally institute conjunctive management of surface waters and groundwaters?  Given that surface water and groundwater are connected and inseparable, isn't this the only logical approach?  
  • How can we get laws in place that explicitly recognize the link between surface water and groundwater?
  • Can the State or the federal government seize ownership of groundwater?  The Supreme Court has said yes, but the battle is not over...ask a farmer and he will probably tell you the State can have his water when they pry his cold, dead finger from the pump.
  • How can we define ownership and allocate out groundwater rights fairly when claims for historical use are almost twice the amount the Aquifer can make available?  Who gets cut back?
  • What kind of management institution for the Aquifer will stand up against constitutional challenges?
  • Where can we get lawmakers with the gumption and foresight to tackle these issues without succumbing to pressure from special interests?
  • How can we mitigate the political costs of effective action?  How can we convince people their lawmakers are doing what is best for everyone in the long run?

Economic Issues

Any technical, legal, or institutional change we make will have profound economic impacts.  Some of the economic questions and issues are:

  • How can we determine the value of water?  Some say it is priceless, yet it has traditionally been so cheap that people feel free to use as much as they want whenever they want.  What price should be put on water?
  • Who should pay for new or extra water brought into the region?  Should it be the new users or everyone who benefits?
  • What is the value of instream usessuch as recreation?
  • Do we want a water market where rights are bought and sold?  If so, what kind of market will be efficient, fair, and effective?
  • If we limit pumping to protect springflows, who will pay?  Doesn't this benefit certain people at the expense of others?
  • If we limit development in recharge areas to protect water quality, who will pay to compensate landowners for lowered land values?
  • What costs have we already incurred or encouraged because of lawmaker's failure to act and our own failure to demand change?

Institutional Issues

Perhaps the most difficult and the most important issues to deal with are institutional ones.  These include the institution of culture which is very hard to change.  We also have to deal with the fact that currently there are hundreds of management institutions, many of which care about an area only as large as their borders.  Some of the issues are:

  • How can we overcome the notion that use of groundwater is a God-given right and that every landowner has a "right" to free water?
  • How can we overcome regional parochialisms and get everyone to see that we are all in this together?  The agricultural, urban, and recreational users are often pitted one against the other, yet we really have only one common resource.
  • How can we change negative cultural attitudes regarding the reuse of water?  Will a simple change in terminology help?  If we call it "reused", people feel it is secondhand and inferior.  However, those same people believe many things can be "recycled" and are just as good as new.  Water can certainly be recycled and made pure again, but how do we convince people?
  • Who will decide what our priorities should be when water is scarce?
  • What kind of management institution can we design that people will trust and accept?
  • Don't we need the boundaries of management institutions to be defined along hydrogeologic lines instead of political ones?
  • How can we institute conjunctive managementof surface water and ground water?  The new Edwards Aquifer Authority is being set up to manage groundwater only, but surface waters and groundwaters are connected and inseparable.  How can you effectively manage one and not the other?
  • How can we build flexibility into any institution we design?