WELL: A well means any facility, device, or method used to withdraw groundwater supply. The well owner, well operator, or any other person acting on behalf of the well owner must obtain a permit before a well may be drilled or operated. A well must be permitted prior to drilling and must remain permitted unless and until the well plumbing and power source are disconnected from the wellhead or the well casing is capped, or the well is plugged. Wells must be capped or plugged in accordance with Texas Department of Licensing and Regulation rules, 16 Tex. Admin. Code § 76.104 (as amended).
EXCLUSIONS AND EXEMPTIONS: A well with a casing diameter of less than five inches that serves only a single-family dwelling is excluded from the permit requirements of these Rules. Serving only a single-family dwelling means the well supplies groundwater for domestic use within one home on property without an available alternative water supply. Domestic use includes water used inside the home for any purpose and may also include use outside the home for landscape irrigation, garden irrigation, or providing water to domestic livestock. A new well to be located on property that has an available alternative water supply and is located inside a platted subdivision does not qualify for this exemption and must obtain a drilling and operating permit in accordance with District Rules. The permit requirements do not apply to: (i) windmills serving a well with a casing diameter of four inches nominal or less, (ii) monitoring wells, (iii) leachate wells (iv) extraction wells, (v) injection wells, or (vi) dewatering wells.
NEW WELLS: All new wells, except leachate wells, extraction wells, injection wells, monitoring wells, and dewatering wells, must be registered by the well owner, well operator, or water well driller prior to being drilled. Registration may be submitted by mail or electronically using a form provided by the District. The District staff shall review the registration and make a preliminary determination as to whether the well meets the exclusions or exemptions provided in District Rules, and shall inform the registrant of that determination within five business days. If the preliminary determination is that the well is excluded or exempt, the registrant may begin drilling immediately upon receiving the approved registration. It shall be a violation of these Rules for a well owner, well operator, or water well driller to drill any well without first filing the approved registration form with the District.
For more information, please review our District Rules.
Back in 1918, areas in the Houston region began to display surficial cracks, which prompted research into what was causing the land to sink. By the 1940s, studies conducted by local universities, the State of Texas, and the United States Geological Survey identified the correlation between groundwater withdrawal and subsidence. Subsidence is the gradual sinking of the Earth’s surface due to substantial, long-term groundwater withdrawals and has been an issue for coastal cities worldwide, including Houston. It has caused damage to roads and bridges, problems with foundations and underground pipelines, changes in drainage patterns, and increased flooding.
With Houston’s booming population growth, demand for water increased, and the easiest way to meet it was to use groundwater. Increased groundwater use resulted in hundreds of feet of water-level decline in the Gulf Coast Aquifer System, damage to well infrastructure, and aquifer compaction that produced subsidence. Impacts from this subsidence were observed as increased flooding and coastal inundation from devastating storm surges. Local entities began to analyze the severe implications that subsidence could have on potential economic growth and determined that the region needed to reduce its reliance on groundwater to prevent future subsidence.
In 1975, the Texas Legislature created the Harris-Galveston Subsidence District (HGSD), the first district of its kind, to regulate groundwater withdrawal in Harris and Galveston counties to prevent subsidence. Although HGSD is a government entity, it is not funded by taxes; instead, it is self-funded through permitting fees that support the District’s ability to monitor subsidence, regulate groundwater effectively, and implement award-winning water conservation programs to further reduce reliance on groundwater and prevent further subsidence in Harris and Galveston counties.
As of today, there are only two subsidence districts in Texas: the Harris-Galveston Subsidence District and the Fort Bend Subsidence District. While other counties may have Groundwater Conservation Districts to regulate groundwater from a sustainability and availability standpoint, Fort Bend, Galveston, and Harris counties have subsidence districts to regulate groundwater as a means to an end to stop the ground from sinking.
Subsidence is the gradual sinking of the land caused by subsurface movement. Our region’s distinct experience with subsidence is due to groundwater withdrawals from the Gulf Coast Aquifer System, a multilayered groundwater reservoir made up of layers of sand, silt, and clay that compact when too much groundwater is removed. The process is slower than that of other hazards; however, once this subsidence occurs, it is irreversible and has significant impacts, including:
- permanent loss of land elevation (i.e., Brownwood Subdivision in Baytown, Texas)
- damage to important infrastructure like homes, buildings, pipelines, roads, and bridges
- disruption to the natural flow and drainage patterns; and
- contributing to increased flood risks
To prevent further subsidence, the Harris-Galveston Subsidence District works diligently to reduce reliance on groundwater through groundwater regulation and water conservation.
Illustration of subsidence in a Gulf Coast aquifer as a result of groundwater withdrawals producing a decrease in the potentiometric surface (the groundwater level). Source: Kasmarek, M.C., Ramage, J.K., and Johnson, M.R., 2016, Water-level altitudes 2016 and water-level changes in the Chicot, Evangeline, and Jasper aquifers and compaction 1973–2015 in the Chicot and Evangeline aquifers, Houston-Galveston region, Texas: U.S. Geological Survey Scientific Investigations Map 3365, pamphlet, 16 sheets, scale 1:100,000, http://dx.doi.org/10.3133/sim3365.
Most water wells in Harris and Galveston counties have been required to be permitted since 1976. After the 1993 legislative session, changes were adopted regarding which wells must be permitted by the District, resulting in an increase in the number of wells subject to permitting.
In an effort to notify well owners of the changes in the permitting requirements, the District published notices in the newspaper, posted notices at the county courthouses, and held a public hearing to receive public comment. Despite these public outreach efforts, unpermitted wells are still periodically discovered by District staff during routine inspections throughout the District.
For well permit requirements, exclusions, and exemptions, please review District Rules.Â
Because subsidence occurs slowly over time, it is difficult to see its impact until the damage is already done. Once subsidence occurs, it is irreversible and has contributed to significant impacts on the greater Houston area, including:
- permanent loss of land elevation (i.e., Brownwood Subdivision in Baytown, Texas)
- damage to important infrastructure like homes, buildings, pipelines, roads, and bridges
- faulting
- disruption to the natural flow and drainage patterns; and
- contributing to increased flood risks
Our region’s first recorded subsidence occurred back in 1918 near Baytown, Texas. As the area grew, so did water demand, and subsidence became more of a concern; some areas sank over 9 feet within four decades, prompting the creation of the Harris-Galveston Subsidence District in 1975 to regulate groundwater near the coast. By the 90s, this area worked hard to diversify its water supplies, bringing in alternative water sources like treated surface water to meet its water demand and reduce reliance on groundwater, which resulted in stabilized subsidence rates. However, subsidence in our region has moved more inland as groundwater continues to be a primary water source until alternative water supplies become available.
Brownwood Subdivision in 1944 to 2002. Slide the arrows to see the impact of subsidence.
The District regulates groundwater through a Regulatory Plan and well-permitting process designed to reduce groundwater withdrawals and mitigate subsidence. The plan segments Harris and Galveston counties into three regulatory areas. Each area has conversion goals to reduce groundwater withdrawals to a specified percentage and to supply the majority of its water demand through alternative sources by a designated timeline.
HGSD’s Regulatory Plan uses a science-based adaptive management strategy that factors water demand and population growth, availability of alternative water supplies, subsidence modeling, and regulatory scenarios to determine conversion requirements. The plan is regularly reviewed through a multi-agency effort called the Joint Regulatory Plan Review and is supported by the best available science to ensure it effectively prevents further subsidence in Harris and Galveston counties.
The District is required to consider many factors when establishing groundwater allocations for each permittee. Some considerations include the following:
- The amount of groundwater requested by the applicant
- Location of the groundwater well
- Availability of alternative water supply
- Participation in a groundwater reduction plan
- Use of groundwater credits to offset groundwater pumpage
Please review District Rules for more information.
Our region’s subsidence problem is a direct result of our reliance on groundwater from the Gulf Coast Aquifer System, which is simply not built to support large volumes of withdrawal. However, now that we know the cause, we can work together to prevent further subsidence by reducing reliance on groundwater through:
- Science-driven groundwater regulations that allow groundwater to supply water demand at a volume that does not further cause subsidence.
- Sustainable regional water planning that provides alternative water supplies to meet growing demand.
- Water conservation efforts that protect our natural resources and help us use our water supplies more efficiently.
HGSD is a special-purpose district that the Texas Legislature created in 1975 to regulate groundwater withdrawal to prevent further subsidence in Harris and Galveston counties. While the District is a governmental entity, it is not funded by taxes; it is self-funded through permit fees from a groundwater well permitting system that supports the District’s ability to monitor subsidence, regulate groundwater effectively, and implement award-winning water conservation programs to further reduce reliance on groundwater.
- Application, Registration, and other Administrative Fees – The Board establishes a schedule of administrative fees that does not unreasonably exceed the cost to the District of performing the function for which fees are charged. Payment of the appropriate fee under the fee schedule is required before the District performs any administrative action.
- Base Fee – This fee is applied to all of a permittee’s authorized groundwater withdrawals. The revenue collected from the base fee covers the costs of issuing permits and performing other regulatory functions of the District.
- Disincentive Fee – In addition to the base fee, a disincentive fee will be applied to groundwater withdrawals that exceed the applicable percentage of total water demand for the Regulatory Area where the well is located. The purpose of the disincentive fee is to create an economic incentive for permittees to take steps to ultimately reduce groundwater use and remain compliant within their permit terms. The revenue collected from the disincentive fee is strictly dedicated to funding the District’s Science & Research program. HGSD’s Regulatory Plan provides several solutions to avoid disincentive fees, including Groundwater Credits, Groundwater Reduction Plans, and Groundwater Conservation Plans. Discover more information about these solutions in the District’s Rules.
To view HGSD’s current fee schedule, please click here!
The most effective way to stop subsidence in our region is to reduce reliance on groundwater through groundwater regulation and convert to alternative water sources for our primary water supply. In areas where groundwater withdrawals have been reduced, subsidence rates have also been reduced. In areas that heavily rely on groundwater, subsidence rates continue to rise.
HGSD applies a science-based Regulatory Plan that establishes guidelines for groundwater withdrawals through a well-permitting process to reduce reliance on groundwater. The plan segments Harris and Galveston counties into three regulatory areas. Each area has conversion goals to reduce groundwater withdrawals to a specified percentage and to supply the majority of its water demand through alternative sources by a designated timeline. The plan uses a science-based adaptive management strategy that factors water demand and population growth, availability of alternative water supplies, subsidence modeling, and regulatory scenarios to determine conversion requirements.
The plan is regularly reviewed through a multi-agency effort called the Joint Regulatory Plan Review and is backed by the best available science to ensure its effectiveness in preventing further subsidence in Harris and Galveston counties.
Additionally, water conservation efforts help to further reduce reliance on groundwater. The District has several water conservation programs, including a grant program to fund local water conservation projects, a school program to educate our future water users and decision-makers, and a platform for water conservation tools, tips, and resources available online at smarteraboutwater.org.
Submit groundwater well permit applications, renewals, and annual pumpage reports through the District’s online permitting portal. District forms are also available on the online permitting portal, including groundwater credit and rebate forms.
- Permittees must use the email address associated with their well number to create an account.
- If you are not the current permittee or well owner, we will require permission (in the form of a letter or email) from the existing permittee or owner before the account can be transferred.
Article XVI, Section 59 of the Texas Constitution makes the conservation and development of Texas's natural resources—including water, forests, and parks—a public right and duty. It allows the Legislature to create special "conservation and reclamation districts" to manage water, control floods, and build recreational facilities.
Both Subsidence Districts and Groundwater Conservation Districts are locally governed districts that manage, conserve, and protect groundwater resources for long-term water supply and sustainability through well registration and permitting; however, the key difference is their purpose:
- Groundwater Conservation Districts regulate groundwater from a sustainability and availability standpoint.
- Subsidence Districts regulate groundwater to prevent the ground from sinking further and require the conversion to alternative water supplies where available.
HGSD’s Regulatory Plan is structured to reduce reliance on groundwater, and the disincentive fee serves as a compliance mechanism for permittees who fail to meet regulatory requirements. The Regulatory Plan provides a permit fee structure that includes a Base Fee and a Disincentive Fee.
- Base Fee – This fee is applied to all of a permittee’s authorized groundwater withdrawals. Funds obtained from the collection of base fees are used to cover the costs of issuing permits and performing other regulatory functions of the District.
- Disincentive Fee – In addition to the base fee, a disincentive fee will be applied to groundwater withdrawals that exceed a permit limit. The purpose of the disincentive fee is to create an economic incentive for permittees to take steps to ultimately reduce groundwater use. The disincentive fee is applied in each permit year that groundwater reduction requirements are not met. The District periodically reviews the disincentive fee rate to ensure the rate encourages compliance with this Regulatory Plan and makes adjustments as needed.
HGSD’s Regulatory Plan provides several solutions to avoid disincentive fees, including Groundwater Credits, Groundwater Reduction Plans, and Groundwater Conservation Plans. Discover more information about these solutions in the District’s Rules.
The revenue collected from the disincentive fee is strictly dedicated to funding the District’s Science & Research program.
To view HGSD’s current fee schedule, please click here!
HGSD began groundwater regulation in 1976 near Texas’s Gulf Coast, where subsidence was most prevalent. By the 90s, this area met its regulatory requirements and fully transitioned to alternative water supplies, like treated surface water, to meet 90% of its water demand, ultimately ceasing subsidence near the coast. As the region grew, subsidence shifted more inland to areas that heavily relied on groundwater as their primary water source, leading to conversion requirements for northern Harris County and the creation of the Fort Bend Subsidence District.
Both subsidence districts work together to reduce reliance on groundwater to prevent further subsidence within their jurisdictions; however, regional collaboration is vital to mitigation efforts because the Gulf Coast Aquifer, an aquifer system that compacts when too much groundwater is removed from it, is shared by several neighboring counties.
While HGSD’s regulatory authority is limited to Harris and Galveston counties, it does not limit its subsidence science and research to just these areas and proudly supports neighboring counties with data and resources that can be used to protect our shared aquifer.
To effectively stop subsidence in our region, we must:
- Reduce reliance on groundwater through regulation that allows the sustainable use of our groundwater resources,
- Support long-term regional water planning that provides alternative water supplies to meet our growing water demand, and
- Utilize conservation best practices to make each drop of water go further and protect our natural resources for generations to come!
The District offers several solutions to help permittees remain compliant and avoid disincentive fees, including the ability to use credits. Credits may be used to increase authorized withdrawals that exceed a permit’s groundwater reduction requirements.
Series A Credits – Before 2001, the District issued Series A credits, which could be used for 100% of a permittee’s total water demand and expired 40 years after issuance. After an evaluation of the credits potential impact on the District’s mission to prevent future subsidence in 2001, the District discontinued issuing Series A groundwater credits and replaced them with the Series B groundwater credits.
Series B Credits – Permittees can sponsor the HGSD Water Conservation Program in exchange for Series B Credits, which they can apply during the permit renewal process to increase groundwater use without increasing the permit rate. Each sponsorship earns the permittee 84,000 gallons in Series B Credits, which may be applied for an additional 30% groundwater use during the permit term. Series B Credits are valid for 20 years from the issuance date. Municipal Utility Districts and water providers may sponsor the school program through interlocal agreements. Learn more here!
Permittees may combine Series A and Series B credits as long as they are valid and not expired.
Over-Conversion Credits (OCCs) – Permittees in Regulatory Area 3 who exceed the District’s groundwater reduction requirements may request OCCs. OCCs are issued to the permittee for an amount equal to the amount of alternative water supply utilized over and above the amount of reduction required in the District Regulatory Plan as long as the total overconversion credit requested exceeds 10 million gallons. To determine the amount of OCCs to be issued, the required conversion amount will be determined at the end of the permit term based on actual total water demand. The regular permit fee must be paid for the total amount of groundwater withdrawals authorized by the issued permit, including the amount of over-conversion credits requested or submitted. OCCs may be transferred to another permittee with an approved groundwater reduction plan within Regulatory Area 3 upon filing a registration with HGSD’s General Manager and meeting the following conditions:
- the receiving permittee must submit an over-conversion credit transfer registration and pay the associated fee;
- any transferred over-conversion credits must be utilized within 12 months of the date the transfer is effective; and
- transferred over-conversion credits may only be used for 10% or less of the permittee’s total water demand for the applicable permit term.
Please review the specific requirements and conditions for credits outlined in the District Rules.Â
It is possible to purchase credits on the open market. The District does not participate in the resale of credits; however, a list of organizations/individuals who have notified the District of their willingness to sell their credits to a third party is available by request.