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
� 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