Groundwater Availability Certification
Municipalities and counties must require groundwater availability certification in the plat application and approval process for proposed subdivisions when the groundwater beneath the land serves as the primary source of water supply. Limited exemptions are provided by statute. TCEQ is required by statute to prescribe the form and content of the groundwater availability certification.
Forms
- Certification Form: Groundwater Availability for Platting (TCEQ-20982) [30 Texas Administrative Code (TAC) Section 230.3(c)]
- Plat Attesting Form (TCEQ-20983) Plat applicants must use this form to attest that adequate groundwater is available. [30 TAC 230.1(c)(2)]
Submission of Forms
Plat applicants must submit copies of the groundwater availability certification to the Texas Water Development Board (TWDB) and the local Groundwater Conservation Districts (GCDs).
- TWDB’s Groundwater webpage
- Contact TWDB GroundwaterData@twdb.texas.gov
- Texas GCDs Viewer Use this interactive map to find spatial information about GCDs.
- GCDs: Contact Information
Rules and Statutes
- Local Government Code Section 212.0101(a-1 and a-2)
- Local Government Code Section 232.0032(a-1 and a-2)
- 30 TAC Chapter 230
Rulemaking: Get Involved
Since 2000, municipalities and counties have had the option to require groundwater availability certifications and TCEQ was required to prescribe the form and content of the groundwater availability certification. TCEQ adopted rules at 30 TAC 230.
Senate Bill (SB) 2440, 88th Texas Legislature, Regular Session, 2023, amended the Local Government Code to require groundwater certification during the platting process with limited exceptions, effective January 1, 2024. TCEQ is conducting rulemaking to implement this bill and proposing to amend 30 TAC 230.
- To find the status of this rulemaking adoption and associated documents go to the TCEQ Commissioners' Integrated Database. (Enter the TCEQ Docket Number - 2023-1521-RUL - into Step Two of Search One and click on the blue Search button.)
- For dates of public comment periods, public hearings, rule adoption, and more see the TCEQ Rule Projects. (Select Groundwater Certification Requirements in the dropdown menu.)
Rulemaking Schedule
Below is the anticipated schedule for this rulemaking:
- Proposal date: May 10, 2024
- Texas Register publication date: May 24, 2024
- Public hearing date: June 24, 2024
- Public comment period: May 24, 2024 to June 25, 2024
- TCEQ Agenda Adoption date: November 20, 2024