zach brady update on state - attorneys & counselors€¦ · update on state water issues...

Zach BradyZach BradyZach BradyZach Brady

Brady & Brady & Brady & Brady &

Hamilton, LLPHamilton, LLPHamilton, LLPHamilton, LLP

February February February February 19, 19, 19, 19,

2013201320132013

UPDATE ON STATE

WATER ISSUES

Rolling Plains Cotton Growers Association

Abilene, TX

0

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

2010 2020 2030 2040 2050 2060

Demand

Supply

WATER DEMAND PROJECTIONS

(ACRE FEET PER YEAR)

� Statewide Water Plan Statewide Water Plan Statewide Water Plan Statewide Water Plan –––– Funding Sources Funding Sources Funding Sources Funding Sources

� Legislation of Legislation of Legislation of Legislation of InterestInterestInterestInterest

� LCRA: No Water for Rice; Potential New ReservoirsLCRA: No Water for Rice; Potential New ReservoirsLCRA: No Water for Rice; Potential New ReservoirsLCRA: No Water for Rice; Potential New Reservoirs

� Interstate Lawsuits: Texas v. OK; Texas v. NMInterstate Lawsuits: Texas v. OK; Texas v. NMInterstate Lawsuits: Texas v. OK; Texas v. NMInterstate Lawsuits: Texas v. OK; Texas v. NM

� Water Reuse projects Water Reuse projects Water Reuse projects Water Reuse projects

DROUGHT DRIVES WATER CONVERSATION

� What is it?What is it?What is it?What is it?

� 2012 Statewide Water Plan 2012 Statewide Water Plan 2012 Statewide Water Plan 2012 Statewide Water Plan –––– Overview Overview Overview Overview

� CostsCostsCostsCosts

� 2013 Legislature 2013 Legislature 2013 Legislature 2013 Legislature –––– Rainy Day Fund Rainy Day Fund Rainy Day Fund Rainy Day Fund

STATEWIDE WATER PLAN

� SB 272

� Proposed Amendment to Water Code § 36.111 – Reports and

Powers

� District Recordkeeping and reporting requirement becomes

mandatory

� Requires TWDB to promulgate reporting and recordkeeping

rules

� District rules are to be consistent with TWDB rules

� TWDB Rules:

� TWDB must first consult with Districts regarding methods

and frequency of reporting

� Allow for exemptions

� Wells not located in a District – must report to TWDB

OTHER STATE LEGISLATIVE ACTION

� SB 302

� Proposed Amendments to Water Code §§ 36.1071, 36.1072, 36.1073, 36.1082, 36.1803(d), 36.207, 36.301; Adds new § 33.1133

� § 36.1071 - Management Plan; � Final approval of management plan – TWDB

� District may approve and issue interim permits prior to approval of management plan

� Districts are permitted to take additional actions, as compared to existing law, prior to approval of management plan

� New rule making requirements – production limits; groundwater allocation

� Adds compliance with this section to Section 36.1082.

OTHER STATE LEGISLATIVE ACTION

� SB 302, con’d.

� § 36.1072 - TWDB Review and Approval of Management Plan

� TWDB executive administrator’s approval is “administrative”

decision

� § 36.1073 - Amendment to Management Plan

� Clean up changes

� § 36.1082 – Petition for Inquiry

� Adds additional grounds for filing “petition for inquiry” if

“rules adopted by the district do not achieve the applicable

desired future condition”

� § 36.1083(d) – Appeal of Desired Future Conditions

� Upon TWDB recommendation, District must revise the DFCs

OTHER STATE LEGISLATIVE ACTION

� SB 302, con’d.

� § 36.1133 – New Proposed Section – Interim Permits

� Available for a district before the district’s first management

plan is approved

� § 36.207 – Use of Permit Fees Authorized by Special Law

� Fees subject to this section are changed to “production fees”

� § 36.301 – Failure to Submit Management Plan

� Expands scope of section to include additional “violations

related to a management plan” beyond failure to submit

OTHER STATE LEGISLATIVE ACTION

�Highland Lakes reservoir shortageHighland Lakes reservoir shortageHighland Lakes reservoir shortageHighland Lakes reservoir shortage

�LCRA LCRA LCRA LCRA –––– seeking to expand water supplyseeking to expand water supplyseeking to expand water supplyseeking to expand water supply

�Possible future action: Possible future action: Possible future action: Possible future action:

Reservoir construction and Reservoir construction and Reservoir construction and Reservoir construction and

increased water well drilling increased water well drilling increased water well drilling increased water well drilling

LCRA: NO WATER FOR RICE;

POTENTIAL NEW RESERVOIRS

LCRA: WITHHOLDING WATER AND

BUILDING RESERVOIRS

LCRA LCRA LCRA LCRA

Potential Potential Potential Potential

ExpansionExpansionExpansionExpansion

� State of Texas v. State of New Mexico and State of Colorado

� At Issue: 1938 Rio Grande Compact

� Compact between the states of Texas, New Mexico, and Colorado,

entered into in order to divide the waters of the Rio Grande

� Texas’ position: NM trying to circumvent obligations and

il legally diverting water, causing harm to TX water users

� NM: We have not violated compact

INTERSTATE LAWSUITS: TX V. NM

� Tarrant Regional Water District v. Herrmann, et al.

� At Issue: Red River Compact and water distribution, allocation

from Red River

� TRWD’s position: Allow us to capture less salty water in OK

and pipe it into TX. TX is entitled to take water where the

water is usable.

� OK’s position: Stay out of OK.

INTERSTATE LAWSUITS: TX V. OK

Wastewater Treatment Projects� Wichita Falls

� 5 million gallons/day

� Big Spring

� 2 million gallons/day to Midland-Odessa

� Brownwood

� TCEQ approval for reuse plant construction

� Abilene and Lubbock

� Researching technology

WATER REUSE PROJECTS

QuestionsUPDATE ON STATE

WATER ISSUES