water issues every broker of rural land should know october 22, 2015
TRANSCRIPT
Water Issues Every Broker of
Rural Land Should Know
October 22, 2015
Topics
• Water availability on rural land• Groundwater • Surface water
– Domestic and Livestock exemption for surface water use
– Navigable streams in Texas
• Severing water rights• Leasing water rights
Water Availability on Rural Land
• Identify client’s needs and expectations
Water Availability on Rural Land
• Groundwater• Surface water• Service by a water supply corporation
North Texas Municipal Water District
Groundwater
5
Groundwater Regulation
6
Surface Water
7
Domestic and Livestock Use
8
Impoundment
9
Navigable Waters in Texas
10
Two Tests
Navigable in Fact – criteria evaluated include passage by boats, use in commerce, transport of logs etc.
Navigable by Statute - a stream that retains an average width of 30 feet from the mouth up
Texas Nat. Res. Code §21.001
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Waters of the US
12
Exclusion for Farm and Ranch Operations
No permit required (under Section 402) for the discharges consisting entirely of agricultural irrigation return flows
CWA § 1342(l)(1) & 33 C.F.R. § 122.3(f)
No permit required for agricultural stormwater discharges
33 C.F.R. §122.3(e) No Dredge and Fill permit required for
normal agricultural, silvicultural, and ranching operations
Waters of the US
• Current Status - Stayed: – several State Courts– 6th Circuit Court of Appeals (even though it is
unclear whether that Court had jurisdiction)
• In flux. Expect continuing litigation • If upheld – most rural landowners are
protected by pre-existing exemptions from coverage
14
Recap
• Navigable waters: – Texas terminology– Relates to whether you can construct a dam
across your stream and impound water
• Waters of the US:– EPA /Corps of Engineers terminology– Relates to discharges of pollutants into water
(including silt)– Likely to not affect non-commercial farms
and ranches
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Risk Management
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Risk Management
17
Severing Water Rights
18
Leasing Water Rights
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