Frequently Asked Questions

Background:

The North Fort Bend Water Authority (NFBWA) is a regional water authority created by the 79TH Texas Legislature, with the passage of Senate Bill 1798 in May 2005 and by establishing Chapter 8813 of the Special District Local Laws Code.

The new Authority’s mission includes:

Acquiring and providing water for residential, commercial, industrial, agricultural, and other uses;
Reducing groundwater withdrawals;
Conserving, preserving, protecting, and recharging of groundwater and of groundwater reservoirs or their subdivisions;
Preventing waste of groundwater; and,
Controlling subsidence caused by the withdrawal of water from groundwater reservoirs.

Q. Why was the Authority created?

A. The primary reason was to facilitate compliance with the Fort Bend Subsidence District’s groundwater reduction mandates by creating a viable single entity to acquire, develop and deliver a long term supply of potable surface water to water users within the Authority’s boundaries. The mandates are outlined in the Subsidence District’s 2003 Regulatory Plan, and are intended to wean the area off its dependence on groundwater
in a phased reduction plan, to minimize the risk of future subsidence, and to enable the aquifers that serve the region to recharge.

In addition, Fort Bend County has monitored the water supply issue since the late 1980’s through the Fort Bend County Surface Water Supply Corporation. The Corporation completed a detailed study in 2002 which concluded that rapid population growth in Fort Bend County combined with the Subsidence District’s groundwater reduction requirements will likely cause water shortages in the County as early as 2014.

Fort Bend County is trying to avoid the problems with subsidence and water supply that portions of Galveston and Harris Counties have suffered.

Q. What is Subsidence and why should we be concerned about it?

A. Webster’s defines subsidence as “to sink, to fall to the bottom; to settle.” Technically speaking, it is the reduction or decline in elevation of the land surface due to compressing the many underlying layers of soil. While it occurs slowly over long periods of time due to the natural compaction of soils, subsidence can be greatly accelerated by the withdrawal of groundwater from underground aquifers. In the Gulf Coast region, the withdrawal of oil and natural gas is also credited with contributing to subsidence.

The fluids withdrawn from very shallow oil and gas fields allowed the clay layers to compact beneath the land surface. Approximately two feet of subsidence resulted from early 20th century oil and gas withdrawal. The growth of greater Houston since the 1920’s demanded significant water supplies. The aquifers beneath land surface yielded amazing amounts of high quality water, and the area grew substantially on the basis of an available — and seemingly endless – source of groundwater. However, since the original two feet of subsidence from oil and gas withdrawal, the burgeoning population’s thirst for groundwater caused as much as five times more subsidence.

In the early 1970’s, groundwater pumpage was approaching 450 million gallons per day (mgd). Subsidence had resulted in elevation losses that threatened entire subdivisions with complete destruction from tidal flooding. With the water demands of the mushrooming population and the expanding petrochemical industry by the mid-1970’s, at least 6 feet of subsidence had occurred along an area between Baytown and Houston. The fate of the Brownwood subdivision of Baytown affords a particularly dramatic example of the dangers of coastal subsidence.

Brownwood was an upper income community of about 500 single-family houses constructed on wooded lots along Galveston Bay beginning in 1938. The area was originally 10 feet or less above sea level, but by 1978, more than 8 feet of subsidence had occurred. In July of 1979, 12 inches of rain fell on the subdivision and caused the flooding of 187 homes. In 1983, Hurricane Alicia struck a final blow, and all homes in Brownwood were abandoned. Today, the area is a swampy area best suited as home to waterfowl.

The Texas Legislature created the Harris-Galveston Subsidence District in 1975, to tackle the problem of subsidence. (The Fort Bend Subsidence District was created in 1989.) The District focused first on the coastal areas, which were most at risk due to the lower elevations. Cities and industries were largely cooperative and from 1976 to 1985, groundwater pumpage was reduced dramatically.

While groundwater reduction was producing significant results in Galveston County and southeastern Harris County, north and west Harris County began to subside at increasing rates due to the increased pumpage to serve the population growth.

Groundwater pumpage had increased significantly through the late 80’s and subsidence rates in northwest Harris County were beginning to equal the all time historic high rates from eastern Harris County — at one-tenth to one-quarter a foot per year.

The Jersey Village area suffered subsidence of 5 feet or more. On two successive years, extreme rainfalls caused major flooding throughout the subdivision…to the extent that some twice-flooded homes were purchased by FEMA.

In addition to Subsidence, the water levels in the water wells have declined significantly, endangering the supply of potable water. The US Geological Survey monitors what is happening to the water in the aquifers that supply the groundwater wells. The Jersey Village area, for example, has experienced a water level decline of up to 260 feet. The Champions/1960 and the F.M. 529/State Highway 6 areas have experienced declines which have affected both the quantity and quality of their water supplies.

Over the next 50 years, the greater Houston area is expected to more than double — essentially adding the current population of the City of Los Angeles to what is already the 4th largest city in the USA. If the increasing population were to rely on groundwater to quench its thirst, another 5 feet of subsidence would result in northwest Harris County by 2030.

The Subsidence District has demonstrated that reducing groundwater demand does in fact help halt subsidence. In some areas where reduction plans have been in place over the past several decades, the aquifers have recharged as well. Also critical, however – in both the short- and long-term – is the teaching and implementation of water conservation throughout our communities, neighborhoods, businesses, and households…all the way down to the youngest family members.

Q. What is the Subsidence District’s groundwater reduction mandated timeline?

A. The Subsidence District has divided Fort Bend County into Regulatory Area A, R/R Sub- Area and Area B. For Area A, the area covered by the NFBWA, Cities of Sugar Land, Missouri City, and Stafford, the first milestone is to reduce groundwater pumpage by 30% by 2013; with a reduction in groundwater pumpage by 60% required by 2025. The Authority must submit its GRP for certification by the Subsidence District by 2008 to avoid Disincentive Fees. (The Subsidence District points out that these conversion requirements are subject to change based on future Regulatory Plan re-evaluations.)

Q. How is the Authority governed?

A. The Authority is divided into seven single-member director precincts and has a governing board made up of these seven directors who serve staggered four year terms that expire in May of even-numbered years.

Q. Who may serve as a director?

A. There are very specific requirements that must be met in order to serve on the Authority’s board. To be eligible to be considered for service as a director, the candidate must:

Be at least 18 years old;

Be a resident of the Authority; and,

Have served as a director of one or more districts for a total of at least four years OR for the precinct that includes any part of the City of Fulshear, the individual may have served as the Mayor or a member of the City Council of Fulshear.

Q. How are the Directors selected?

A. The governing bodies of the districts and municipalities within each of the seven precincts vote to appoint one director to represent them. The directors are appointed according to a procedure set forth in the legislation, with the number of votes of each district or municipality determined by the amount of water used within the precinct during the calendar year preceding the year in which the director is selected. The votes are counted, and the results are confirmed before May 15 of the “appointment” year.

The current board members are:

David Spell, Representing Precinct 1

Robert Darden, Representing Precinct 2

Bruce Fay, Representing Precinct 3

Melony Gay, Representing Precinct 4

Robert Patton, Representing Precinct 5

Peter Houghton, Representing Precinct 6

Pat Hebert, Representing Precinct 7

Q. How is the Authority funded?

A. Authority has the right to establish fees/charges, necessary to:

Achieve water conservation;

Prevent waste of water;

Serve as a disincentive to pumping groundwater;

Develop, implement or enforce a groundwater reduction plan (GRP);

Accomplish the purposes of the Act creating the Authority; and,

Enable the Authority to meet its expenses.

To be charged this fee (which is based upon the amount of groundwater pumped), the well must be located within the Authority, and not be exempt from the fee. Wells with a casing smaller than five inches in diameter and that serve a single family dwelling; wells that are exempt from FBSD requirements; and some specific commercial well designations are exempt from paying this fee.

The pumpage fee is currently $.19 per 1000 gallons.

Questions from Well Owners:

Q. How do I know if my well is within the NFBWA boundaries?

A. Contact the NFBWA’s Engineer or the Fort Bend Subsidence District (FBSD) with the physical address of the well or the address of the electric meter that provides power to the well. The FBSD well number and/or the latitude and longitude of the well are also helpful. (See contact information at the end of this document.)

Q. If my well is permitted for more than 10 million gallons/year, when do I begin reporting?

A. The first month of self-reporting began 10/01/05. By the end of each calendar month, well owners must record the number of gallons pumped during the prior calendar month, complete the Pumpage and Billing Form provided by the Authority’s Bookkeeper, and return it with payment. (See contact information at the end of this document.)

Q. If my current permit is less than 10 million gallons/year, but I amend it to be more than that amount, am I subject to the NFBWA?

A. Yes. Because the NFBWA follows Rules established by the FBSD, if your well permit is renewed for more than 10.0 MG, you must pay the NFBWA’s fees.

Q. If my utility district is located within the Authority’s boundaries, must we participate in the NFBWA?

A. Yes. The legislation creating the NFBWA allowed sixty (60) days for districts to petition for exclusion from the Authority. The sixty days ended August 16, 2005. The one district that petitioned for exclusion must make all necessary arrangements to comply with the Subsidence District’s mandates or be subject to that agency’s disincentive fees of $3.25 per 1,000 gallons pumped. The FBSD disincentive fee goes into effect in 2008.

Q. If I am part of the NFBWA and have been reporting and paying the required fees, but I renew my permit for than 10 million gallons/year (or less), do I still have to report to and pay the NFBWA?

A. Technically, no. However, the well owner must first successfully obtain the reduced permitted pumpage from the Subsidence District, which considers numerous factors including the well’s historic pumpage. The Subsidence District has stated that they will carefully evaluate these permits. In addition, the NFBWA may evaluate and determine — on a case-by-case basis — whether wells are covered by the Authority’s GRP. It is
unlikely, therefore, that the NFBWA will allow wells to “flip-flop” in and out of the GRP. When comparing the Authority pumpage fee to FBSD penalties for pumping more than the permitted amount or not meeting the groundwater reduction goals, being a part of the Authority’s GRP is clearly the better choice.

Q. If I make an error in reporting, what action do I take?

A. Notify both the NFBWA and FBSD. At the end of each calendar year, pumpage reported to the FBSD will be compared to monthly pumpage reported to the Authority. If the reported pumpages don’t agree, the owner will have to provide the ‘corrected’ pumpage to the Subsidence District and NFBWA.

Q. What are the consequences of failure to comply?

A. Both the NFBWA and the FBSD have various means of recourse. If payments due the Authority are more than 10 days late, then a 5% penalty is imposed, and if they are more than 30 days late, the penalty increases to 10%. Also, payments that are more than 10 days late incur interest at 12% per annum. In addition, the board may exclude a person (or any territory or well owned or controlled by a person) from the Authority’s
GRP for failure to make a complete or timely payment to the Authority. The Authority is entitled to reasonable attorney’s fees incurred by the Authority in enforcing its rules. Fees and user fees imposed by the Authority, any related penalties and interest, and collection expenses and reasonable attorney’s fees incurred by the Authority are a first and prior lien against the well to which the fees or user fees apply; are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and are the personal liability of and a charge against the owner of the well. Finally, a person who violates a rule or order of the Authority is subject to an administrative penalty of not more than $5,000 as determined by the board, for each violation or each day of a continuing violation. The authority may bring court action to recover the penalty or for injunctive relief for a violation of an authority rule or order.

Q. If I have questions regarding the Pumpage and Billing Form, who do I contact?

A. Contact the NFBWA’s Bookkeeper, AVANTA Accounting Services. click here

Q. Who do I contact if I have questions regarding my well permit?

A. Contact the Fort Bend Subsidence District. click here