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I read an article recently about the drought here in Texas. Some HOAs in Texas have bodies of water located within the HOA. I have also detailed in these educational articles and videos what a municipal utility district is. But, who is the TCEQ? How is this institution connected with HOAs and MUDs? Some of you may not even know that this institution exists.
TCEQ stands for Texas Commission for Environmental Quality. The TCEQ answers to the Governor of Texas and has six different offices – Office of Administrative Services, Office of Compliance and Enforcement, Office of Legal Services, Office of Air, Office of Waste, Office of Water. So, the TCEQ is a regulatory agency which was created to protect the right of access to natural resources (mainly surface water). The latest version of this agency was created in 2002 but earlier versions were the Texas Board of Water Engineers which was established in 1913. In 2011, sunset legislation continued the TCEQ until 2023 and this agency will be further reviewed by the Texas legislature to determine its efficiency and purpose.
In short, the TCEQ makes sure that citizens of Texas and the State of Texas protect ground water for generations to come. What if a HOA has a body of surface water located in the boundaries? Most likely the HOA is also located in a MUD. The MUD is a governmental body that is regulated by the TCEQ. Natural bodies of water are essential to wildlife and the health of the environment. Most HOAs that have lakes or ponds (some even have dams!) want to fish and enjoy the natural aesthetic within their parks. It is interesting to see how water is protected behind the scenes. Riparian rights will change and be more important as time passes because of droughts and the increased use of water with increased development.
In the article I read recently, the author focused on aquifer mining. Aquifer mining has not been used for residential use but only for irrigation of crops. Because of the drought and increased water use, aquifer mining will be required in the future. Springs and groundwater come directly from these aquifers. So, it is vital to protect the source. Currently, there are nine major aquifers and twenty two minor aquifers. The biggest aquifer is the Ogallala aquifer and was formed about 2 to 6 million years ago. It spans from South Dakota to Texas.
I hope this gives you a little information on water and the HOA. This article only briefly skims the surface regarding the issues as it pertains to ground water in Texas. There are so many great resources on the TCEQ website!