Zach BradyZach BradyZach BradyZach Brady

Brady & Brady & Brady & Brady &

Hamilton, LLPHamilton, LLPHamilton, LLPHamilton, LLP

May 24, May 24, May 24, May 24, 2013201320132013

CURRENT WATER ISSUES

AFFECTING FARMERS

AND RANCHERS

TexasBarCLE – Agricultural Law

Lubbock, 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 Chapter 36

� “Relating to management, operation, rulemaking

authority, and oversight of groundwater conservation

districts”

�§ 36.1071 - Management Plan;

� Final approval of management plan – TWDB

�§ 36.1072 - TWDB Review and Approval of

Management Plan

�§ 36.1073 - Amendment to Management Plan

OTHER STATE LEGISLATIVE ACTION

� SB 1282

�Amends Water Code, Chapter 36

�Changes the process for GCDs in GMAs to adopt

desired future conditions (DFCs) for certain aquifers

�GMAs – must evaluate additional requirements when

setting DFCs

�GCDs – delayed new DFC adoption date until May 1,

2016

�Prior date was September 2015

OTHER STATE LEGISLATIVE ACTION

� SB 1760/HB 2578

�Amends Water Code Chapter 16

� Requires regional planning groups to identify

opportunities for, and benefits of, developing large-

scale de-sal facilities

�Amends Water Code Chapter 36

� Requires TWDB to adopt rules for the permitting of

brackish groundwater production

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

Questions

CURRENT WATER

ISSUES AFFECTING

FARMERS AND

RANCHERS