MTGCD issues Selden statement

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Middle Trinity Groundwater Conservation District Board

Middle Trinity Groundwater Conservation District issued a statement on ongoing water issues involving a construction site in Selden during a regular meeting Thursday, May 8.

MTGCD was initially informed about issued with a worksite in the Selden community as residents were concerned about drawdown from neighboring properties by the site and the condition of open dirt work being performed. MTGCD conducted metering on wells in Selden to check into potential groundwater drawdown but advised that surface water and environmental regulation would fall on the Texas Commission on Environmental Quality.

MTGCD General Manager Patrick Wagner issued the following statement during the meeting: “Residents of the Selden Community have contacted the District regarding concerns about fill material, specifically construction debris, and its potential impact on water quality. In response, the District has communicated with Senator Birdwell’s office, TxDOT, and the Texas Commission on Environmental Quality (TCEQ). TCEQ is currently conducting an investigation, and there is a pending case between TxDOT and Mr. Raitz on which the District will not comment.

“Based on the documentation received, it appears that dumping is occurring either on the surface or within the boundaries of an open pit located in Selden. As discussed at the December 2023 Board Meeting, it is important to note that Groundwater Conservation Districts, including ours, do not have regulatory authority over open pit mining operations unless such authority is explicitly granted through enabling legislation. Without that legislative authority, our capacity to intervene in or regulate these activities is extremely limited. Therefore, the District has taken no action, as we lack legal jurisdiction to do so.

Given the nature of the activity, namely, the disposal of construction waste within a mining site, TCEQ is the appropriate agency to evaluate the legality of these practices and determine whether any permits are required under state environmental regulations.

At present, the only viable means for a Groundwater Conservation District to obtain regulatory authority over aggregate or open pit mining operations is through legislative action. Such a change would need to specifically empower the District to regulate groundwater discharges and assess the potential impacts of fill materials on water quality. While we are bound by current statutes, the District supports legislation that strengthens groundwater protection.

Despite our jurisdictional limitations, the Middle Trinity Groundwater Conservation District (MTGCD) remains committed to protecting and preserving groundwater quality. Using the tools provided by state law, we continue to take proactive, measurable actions each year to ensure the long-term sustainability of our aquifer systems. For example: The District plugs between 20 and 60 abandoned or noncompliant wells annually, preventing contaminants from reaching groundwater formations.

We collect an average of 45 water quality samples each year, testing for critical parameters such as nitrates, nitrites, hydrogen sulfide, E. coli/coliform bacteria, total dissolved solids, and salinity.

When wells are found to be improperly completed— allowing lower-quality or potentially harmful water to enter protected aquifer zones—we require those wells to be plugged, recompleted, or redrilled in accordance with state regulations and best practices.

During the meeting, the board was also informed of potential concerns with the groundwater availability models being consider by GMA8 not aligning with MTGCD’s own modeling of the district. Wagner also briefed the board on groundwater matters being discussed by the state legislature and potential items for the next year’s budget.

The board approved the purchase of a field tech laptop and a contract for maintenance for The Ditch education center.