Water Management Districts and Land Trusts, Two

Programs that Complement Each Other

Thursday, March 7, 2013

Todd Votteler, Ph.D.,

Executive Manager of Intergovernmental Relations and Policy, Guadalupe-Blanco River Authority, & Chairman, Texas Land Trust Council

Texas' Population Density - Nighttime Illumination (National Geophysical Data Center, 2012).

Loss of farms, ranches, and forestlands in Texas, 1997 to 2007

(Raw Data Source: Texas State Comptroller of Public Accounts)

Texas Facts and Figures •  From 1997 to 2007, the loss of native

rangeland has exceeded 4.8 million acres. •  Over 2.1 million acres of farms, ranches

and forestlands were converted to other uses over the period from 1997 to 2007.

•  These land use changes impact surface and groundwater quality and quantity.

•  We lose 90,000 acft/yr of reservoir storage statewide due to sedimentation. Losses could total 4.5 M acft of storage by 2060.

What is a Land Trust? •  A land trust is a local, state or regional nonprofit

organization that protects land for its natural, recreational, scenic, historic or productive value.

•  History of land trusts in the U.S. goes back over 100 years but most explosive growth has been over the last 20-30 years.

•  Land trusts can be local, regional, statewide, national or international and have a wide variety of specific conservation missions (wildlife, agricultural, open space, scenic).

•  Primary method of land protection is the conservation easement.

Land Trusts: Philosophical Foundation

•  Private land conservation •  Voluntary partnerships with landowners •  Negotiable terms between the land trust and

landowner •  Unique agreement – each is different •  Perpetual conservation and stewardship •  Legal – Grounded in the law

§  IRS, Federal/State Statutes

Texas Perspective •  90+% of land in Texas is privately owned.

•  Texas landowners favor working with the private sector.

•  Land trusts offer a free market approach to modern land conservation challenges.

•  Thus far, Texas land trust have conserved 1.5 Million acres, under 1% of state.

•  36 land trusts, most created since1990.

Potential Conservation Tools for Land Trusts

•  Conservation Easements •  Purchase of Development Rights •  Bargain Purchases of Land •  Fee Simple Purchases •  Conservation Developments •  Gifts of Land •  Transfers of Assets

•  Conservation Easement - a voluntary legal agreement negotiated between a property owner and a qualified entity to restrict the type and amount of development that may take place on his/her property to protect its natural, recreational, scenic, historic or productive value.

•  Most conservation easements are donated. •  Each easement document is different because each

piece of land and landowner is different. •  Easements can be held by land trusts; city, county,

state, and the federal government. •  Can provide estate tax savings & qualify as a

charitable deduction.

What is a Conservation Easement?

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While minimizing expense: •  Preserve surface water quality & quantity; •  Preserve groundwater quality & quantity; •  Prior to construction, reserve areas

around reservoirs to reduce future water use conflicts;

•  Reduce the likelihood of species listings, and contribute to species downlisting;

•  Reduce reservoir sedimentation.

Why should a water district create a land trust or partner with an existing land trust?

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•  To assist with implementation of, and demonstrate commitment to, the district’s mission;

•  To provide access to financial resources that are generally unavailable to the district; &

•  To improve the district’s working relationship with landowners and others within your jurisdiction.

Why should a water district create a land trust or partner with an existing land trust?

Use of Conservation Easements to Achieve Conservation Goals

•  City/County – Aquifer protection •  USDA – Conservation of wetlands and

grasslands •  NRDA (Natural Resource Damage

Assessment) – Mitigation •  COE – Wetland mitigation banks •  USFWS – conservation banks, refuge

buffers, landscape protection projects

Some Examples of Specific Land Trust Projects

Preservation of New York City’s Water Supply

•  To avoid construction of additional treatment facilities and to preserve water quality and quantity in New York City’s reservoirs, the City and New York State own or have conservation easements on 34% of their reservoir’s watersheds. Their funded goal is 44%.

Preservation of the Edwards Aquifer Recharge & Contributing Zones

•  In 2005 & 2010 San Antonio voted to fund an initiative to protect unique lands over the Edwards Aquifer. Using a 1/8 cent sales tax 2005 Prop 1 collected $90 million. 2010 Prop 1 will accrue $90 million to continue the acquisition & management of conservation easements. Thus far, 96,647 acres have been preserved.

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Land Donations

The Guadalupe-Blanco River Trust will eventually receive the Caulkins Ranch along the Guadalupe River. It could be kept in the Trust or sold to help finance Trust programs. A conservation easement will stay with the property if it is sold.

17 Guadalupe Delta, 2.5 miles of river frontage protected.

Calhoun County Easement

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Trust Purchase of Property: Protecting Canal System

Project Area

TPWD’s Guadalupe Delta WMA

TPWD’s Guadalupe Delta WMA

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Removing Sandbar Forming Across Mouth of Old Guadalupe Channel at Traylor Cut

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Spraying of Invasive Species Along 4 Miles of the Guadalupe River Below Traylor Cut

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Wetland Habitat Restoration at the

Myrtle-Foester Whitmire Unit

Creating a reliable method for delivering freshwater to 750 acres of wetland impoundments at critical times benefiting hundreds of thousands of waterfowl, wading and shorebirds. The Whitmire Unit is a major wintering waterfowl area on the Texas Gulf Coast.

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The Whitmire Unit is located at the end of the GBRA’s Calhoun County canal system.

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The new 2.6 mile canal provides for a more efficient delivery of freshwater to wetland impoundments benefiting hundreds of thousands of waterfowl, wading and shorebirds throughout the year.

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Land Conservation Workshops

•  The goal of the Trust workshops is to provide information to landowners about land conservation techniques and programs, while introducing them to the Trust.

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Water Rights

•  Cape Family water rights on the San Marcos River totaling 70 acre-feet placed with Trust in 2005;

•  Priority dates are 1895 and 1905 making these rights some of the oldest on the Guadalupe River; and

•  A first for a Texas-based land trust.

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Publications and Website

The Trust has participated in the creation of a number of publications for landowners about topics such as managing riparian zones and protecting springs.

The Trust website, www.gbrtrust.org, contains substantial amounts of information for landowners who want to conserve their land.

Some Examples of Specific Land Trusts

Guadalupe-Blanco River Trust •  Private, non-profit 501(c)(3) organization •  Governed by a board of volunteer trustees •  One staff person (volunteers, interns,

contractors & GBRA staff help out) •  Supported by agencies, grants, private

donations •  http://www.gbrtrust.org/

GBR Trust as an example of Structure and Mission

•  The mission of the Guadalupe-Blanco River Trust is to preserve the unique natural heritage of the Guadalupe watershed for future generations, by protecting open landscapes, working farms and ranches, and wildlife habitat through conservation easements, education, and outreach that connects people to the water and the land.

Upper Trinity Conservation Trust

•  Created in 2010 by Upper Trinity Regional Water District to protect watersheds

•  Preserves riparian assets and water resources

•  Focuses on UTRWD watersheds (Lewisville, Ray Roberts & Grapevine Lakes)

•  Works with property owners, developers and cities

•  http://utct.org/

Texas Agricultural Land Trust •  TALT was created by leaders from Texas

& Southwestern Cattle Raisers Association, Texas Farm Bureau, and Texas Wildlife Association.

•  Mission: To conserve the Texas heritage of agricultural lands, natural resources, and wildlife habitats.

• www.txaglandtrust.org

Colorado River Land Trust

•  Created by Lower Colorado River Authority in 2012.

•  Mission: Protect the Colorado River watershed by preserving open space through conservation easements and education.

Colorado River Land Trust •  CRLT Board:

§  Tim Timmerman, President §  Steve Balas, Vice President §  Tom Martine, Secretary Treasurer § Ray Wilkerson, Director §  4 director positions to be filled

•  To learn more: § On Twitter @CRLTrust § www.coloradoriverlandtrust.org

Texas Land Trust Council •  Mission: To encourage excellence in the

Texas land trust community through collaboration, education and outreach.

•  Programs: Advocacy, Education & Training, Provision of Technical Resources & Assistance (for land trusts and landowners).

•  Goal: to promote, advance and sustain the greater statewide land conservation community, so that all land trusts are prepared to deliver on the promise of conservation in perpetuity.

TLTC Tools for Private Landowners

More TLTC Resources

•  Annual Texas Land Conservation Conference

•  Directory of Texas Land Trusts •  Personal Assistance through the Process •  Referral to Additional Resources •  http://www.texaslandtrustcouncil.org/

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How to Maintain a Strong Relationship with Your Non-Profit Partner

Maintaining a partnership with your non-profit conservation partner requires common sense and a continuing commitment that most governmental organizations should be able to accomplish easily;

•  Continuing Financial Support •  Proximity •  Interaction •  Common Goals

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Questions?