Happy New Year!

The newly-minted 2013 promises to be an exciting year for water in Texas. San Antonio enters the year in Stage 2 conservation/watering restrictions, the drought lingers, and the Legislature is gearing-up for an active session for water-related legislation.

I expect the new year to include profound governmental, public and media attention on Texas' looming water shortage and our need to engage in strategic planning and creative funding for new water supplies.

I hope those who visit this Blog have a blessed, healthy and prosperous 2013.

SAWS Publicizes Largest Residential Water Consumers, But Why?

Texas Water Lawyer & Texas Water Rights Attorney Trey Wilson wrote:

In what has become a regular occurrence, the San Antonio Water System today released its list of  residential customers who used the most water from May through November 2012.

The list, which reads like a Who's Who of prominent San Antonians, including the likes of David Robinson (actually his wife Valerie), Sean Elliot, Peter Holt, and even a few lawyers.  As usual, the San Antonio Express News published the list online and in its print edition. 

In the online edition (mysa.com), the caption for the list states that the water consumption occurred "while the city was under Stage 2 drought restrictions. During that time the use of an irrigation system, sprinkler or soaker hose was limited to one day a week between the hours of 3-8 a.m. and 8-10 p.m. Despite the limitations, these 100 customers used 87.8 million gallons of water, enough to meet the demand of 1,611 average San Antonio homes."

Each time the list is published, I can't help but wonder about SAWS' purpose in publicizing the information: 

Does SAWS want to humiliate and guilt prominent citizens?
 
Does SAWS relish in highlighting the vast consumption and overall lifestyle differences of the Alamo City's "haves" and "have nots?"

Perhaps the motivation is far less sinister, and SAWS simply seeks to provide "negative reinforcement" for those using what is generally considered an excessive amount of water.

While the drought lends some creedence to the latter, the list is by no means new, and is published in even the wettest of years.  The effectiveness of this strategy is even debatable, since many of the list's members make perennial appearances.

As might be imagined, the residences where the large quantities of water were consumed aren't your average San Antonio homes on cookie-cutter subdivision lots. Many of these homes include acreage, sit on large lots in the Dominion or other of San Antonio's most prestigious neighborhoods, and have large swimming pools. 

Further, the consumers of this water are some of SAWS' bread-and-butter customers who pay higher rates as penalties for large consumption.  Like most water utilities, SAWS employs "conservation rates" based on consumption.  As evidenced by the chart below (taken directly from SAWS' website), residential customers using large quantities of water pay progressively higher rates as monthly consumption increases. Doesn't SAWS depend on these excess usage rates to balance its budget and seek expensive new supplies of water?

2012 MONTHLY VOLUME CHARGE
		INSIDE CITY LIMITS RATE PER 100 GALLONS			OUTSIDE CITY LIMITS RATE PER 100 GALLONS
Step in gallons		Standard	Seasonal		Standard	Seasonal
First 5,985		$0.0948	$0.0948		$0.1234	$0.1234
Next 6,732		0.1372	0.1492		0.1784	0.1940
Next 4,488		0.1935	0.2219		0.2516	0.2885
Over 17,205		0.3388	0.4597		0.4405	0.5975

In SAWS' defense, San Antonio's water utility is one of the nation's very best at employing conservation.  They have made conservation a household word in this City, and have programs to back-up their media campaign.  In addition, the consumption of individual customers is, arguably, public information under Texas' Public Information Act.  However, the Act is not implicated until a request is made to a governmental body, and I have not seen any evidence that SAWS has received such a request...EVER.

Thus, the question remains:  Why the List?

Uvalde pipeline would reduce water woes -- Editorial from Rep. Gutierrez, D-San Antonio

In familiar practice in Texas, the city of San Antonio is under Stage 2 water restrictions and Stage 3 is a possibility to conserve the important water resources of our quickly growing community. These restrictions are yet another painful and costly reminder that the San Antonio area must increase efficiency of our water usage and diversify our water resources to provide water for our future generations.

New U.S. census numbers show an increase of 400,000 residents in Bexar County and, absent reform, San Antonio residents will most certainly be paying more for water and getting less of it. Ignoring our water restrictions is not an option, and I am committed to supporting efficiency reforms as well as giving local water leaders the sound tools that will allow them options to increase water resources to address this critical problem.

Whenever water restrictions are implemented, San Antonio Water System ratepayers are penalized twice. First, due to an antiquated state law that prohibits transporting Edwards water out of Uvalde or Medina counties, we must pay farmers in Uvalde County simply for the right to pump more water there.

Read the whole story in the San Antonio Express News

Water Cops in San Antonio...What Gives?

As the current drought becomes more and more severe, residents of the greater San Antonio, Texas area are increasingly receiving citations for violating the City's water conservation ordinance. As a lawyer with an active water law practice, I'm frequently questioned about the legitimacy of these citations issued by "water cops," and whether "City Hall" has the right to make it criminal for citizens to water their lawns whenever they darn-well please.

Short answer is: "Yes, They CAN do that." And because they can, you'd better not shove that citation/summons in a drawer somewhere and forget about it.

The authority for "water cops" -- who are generally trained SAWS/BexarMet employees or off-duty police officers -- is found in Chapter 34, Article VI, of the San Antonio City Code. This is the Code containing all City ordinances, including what has become known as the "Conservation Ordinance" adopted in 1995. The entire ordinance contains several sections, but the real "meat" related to restrictions and enforcement appears in Section 34-288:

Sec. 34-288. Violations.
It shall be a violation punishable by city municipal fine for any San Antonio Water System water and/or waste water service customer residing or doing business within the corporate limits of the city and its extraterritorial jurisdiction, to intentionally, knowingly, recklessly, or criminally negligently to allow or cause water waste, to allow or cause landscape watering outside the prescribed hours for landscape watering, or to allow or cause any violation of any provision of this division or of the Aquifer Management Plan, Article IV, Division 4.

Section 34-290 of the Code authorizes the President/CEO of the San Antonio Water System (SAWS) to enforce watering restrictions "in the manner and to the extent allowed by law, including, but not limited to, filing complaints with the city municipal prosecutor's office for such violations, serving notices of violations and filing civil enforcement actions."

Because of this clear grant of authority by the City Council, citations issued by water cops are legitimate, and must not be ignored. Sometimes they are accompanied by a Summons, commanding alleged offenders to appear in Municipal Court to answer to a Judge.

That's right. Citations for violating mandatory water restrictions are criminal in nature, and are treated by the City just like other Municipal Court cases, such as traffic tickets. If found guilty of violating the ordinance, you may be ordered by the Judge to pay a fine, be placed on probation and/or pay court costs. Further, failure to appear in Environmental Court to answer to allegations of illegal watering could result in a warrant being issued for your arrest!

In extreme cases involving "locations of repeated or continued violations," the President/CEO of the San Antonio water system "shall have the authority to discontinue the supply of potable water to the registered meter holder." See Sec. 34-289. I take that to mean that folks who'd rather pay a fine than let their landscaping suffer better not tempt fate (or the water barons)!

God has seen it fit to park a high pressure system over South Texas that prevents rain from settling in above us. Our City Fathers have seen it fit to enact conservation measures whenever God gets that inclination. The rest of us need to endure, lest we be hauled into Court to do some explaining.

And No; I DO NOT "HANDLE" CITATIONS ISSUED BY WATER COPS, AND CAN'T "MAKE A CALL" TO MAKE YOUR SUMMONS GO AWAY.

Let's all just follow the law, and pray for rain!

Designated Watering Times Under Edwards Aquifer Authority Stage 2 Restrictions

Landscape Watering Under EAA Stage 2 Restrictions

Watering with an irrigation system or sprinkler is allowed only once a week before 10 a.m. or after 8 p.m. on your designated watering day as determined by your address:

Last Digit
of Street
Address Watering Day

0 or 1 Monday
2 or 3 Tuesday
4 or 5 Wednesday
6 or 7 Thursday
8 or 9 Friday

No watering on weekends

Areas without a street address, such as medians and neighborhood entryways, water on Wednesday.

Edwards Aquifer STAGE 2 Restrictions Start Today

Stage Two Alert begins when the Aquifer level reaches 650 feet mean sea level at the monitored well.

All restrictions from Stage One remain in effect, unless added to or replaced by Stage Two rules.

Landscape watering with an irrigation system, sprinkler or soaker hose is allowed only once a week from 3-8 a.m. and 8-10 p.m. on your designated watering day, as determined by your address.

Watering with drip irrigation or 5-gallon bucket is permitted any day, but only between 3-8 a.m. and 8-10 p.m.

Watering with a hand-held hose is allowed any time on any day.

Use of fountains, waterfalls, or other aesthetic water features — outdoors or indoors — is prohibited, unless a variance has been granted for 100 percent non-potable water use.

All non-public swimming pools must have a minimum of 25 percent of the surface area covered with evaporation screens when not in use. Inflatable pool toys or floating decorations may be used for this purpose.

Washing impervious cover such as parking lots, driveways, streets or sidewalks is prohibited. Health and safety exceptions to this rule may be requested from SAWS in writing.

Residential washing of vehicles or other equipment is allowed only on assigned watering days and times. A hose with an automatic shut-off nozzle or bucket of five gallons or less may be used. Water should not be allowed to run into the street.

The use of commercial car wash facilities is allowed any day.

Operators of golf courses, athletic fields and parks must submit a conservation plan to SAWS. For requirements, contact SAWS at 704-SAVE. Golf courses, athletic fields and parks may not irrigate between 10 a.m. and 8 p.m.

Hotels, motels and other lodging must offer and clearly notify guests of a "linen/towel change on request only" program.
And don't forget to follow these year-round rules:

Water waste is prohibited at all times. This includes lawn watering overspray and runoff.

Restaurants may serve water only on request (to reduce dishwashing).

Charity car washes allowed only at commercial car wash facilities.

Kendall County's water restrictions unchanged

BOERNE — Despite dramatic drops in the water levels in its monitoring wells, Cow Creek Groundwater Conservation District officials declined Monday to ban all outdoor watering in Kendall County.

Since June 2008 the district has been under Stage 5 restrictions, which limit lawn watering to once a week by hand-held hoses and prohibit using groundwater for construction or to irrigate hay, parks and athletic fields.

“I feel like we're just now getting people on board with Stage 5,” District Manager Micah Voulgaris said Tuesday.

He said eight violators have been cited in July, up from three in June.

Stage 4 water restrictions hit far north side community -- BexarMet to the Rescue??

Large signs reading “Stage 4 Water Restrictions In Effect” are posted all across Oaks North Estates.

“We’re not allowed to water at all, wash cars at all, not even like once a month,” explained homeowner Cindy Ellis. Ellis says the critical water use restrictions are causing everything to dry-up and turn to hay outside. She says indoors, the Stage 4 rules have her boiling mad. “Our water is clear, but they’re still telling us to boil our water. We’re not understanding why, and nobody can give us an answer.”

Ellis says the restrictions are unfair.“We found out that our neighbors are on Stage 2, and they’re still watering, and they don’t have to boil their water. Across the road in Bulverde, they’re still on Stage 1. So, it’s very frustrating.

News 4 WOAI made some calls. We found out neighbors in Oaks North Estates get their water from two small wells owned by SouthWest Water, Inc. A spokeswoman from the company says it issued Stage 4 restrictions in the area because the drought’s caused well water levels to significantly drop.

News 4 also discovered about a week ago SouthWest Water asked BexarMet to help them out. BexarMet’s spokesman, Mike Lopez, says the utility company attached some temporary lines to a well to help feed the water demands in Oaks North Estates.

With this new information, neighbors like Cindy Ellis say they hope these water problems don’t trickle into something even more serious.

“I just keep a lot of [bottled] water, since we never know when we’re not going to have any of it,” Ellis said.

SouthWest Water Inc. says once the well system recovers, it should be able to lift some of the water restrictions. Until then, it’s asking all users to conserve.

Watering Restrictions Loom in San Antonio

Unless Mother Nature steps in with some rain in the next few days, San Antonians could be facing watering restrictions, say officials with the San Antonio Water System.

Due to the severe drought, the Edwards Aquifer has dropped to 662.2 feet as of Tuesday, a little more than two feet over the level where SAWS restricts residential watering to once a week.

“It's possible we could be at 660 (feet) even by Friday,” said SAWS Conservation Director Karen Guz. “We're on standby.”

It is unlikely that San Antonio will see significant rain by Friday, said National Weather Service forecaster Robert Blaha. But if the aquifer can hold on until the weekend, help should be on the way in the form of a strong weather system coming through the area Saturday night and Sunday morning.

“That will bring some rain with showers and thunderstorms,” he said. “And some could get quite active with a weather system like this.”

Guz said there has been a pattern this year of the utility preparing for drought restrictions only to see them staved off by a timely rain. She hopes the pattern continues.

“I feel like the girl who cried wolf, but that's OK,” she said. “But if we don't get a rain, we will surely hit 660.”

If the drought restrictions kick in, they will stay in effect for at least 30 days no matter what happens to the aquifer level during that time.

By Anton Caputo - Express-News