City of San Antonio to Propose a Change in Stormwater Fees

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

From the Greater San Antonio Chamber of Commerce:

The Chamber’s Board was briefed on the possibility for changes in residential and commercial storm water fees that will be presented later this summer to the City Council for discussion and approval as a part of the city’s budget. The fees could potentially impact businesses in several ways.

The stormwater fee is billed by SAWS on behalf of the City of San Antonio's stormwater utility to support and manage the operation and maintenance of the stormwater infrastructure, as well as for engineering, design, and capital improvements.

San Antonio's stormwater fees are used to solve drainage problems and improve surface water quality, to prevent future problems, and to repair, maintain, and enhance the stormwater infrastructure.

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

http://video.foxnews.com/v/3335982237001/031314water255/

Texas to proceed with water lawsuit against NM

From the Las Cruces Sun News
By: Susan Montoya Bryan

ALBUQUERQUE >> The U.S. Supreme Court ruled Monday that Texas can proceed with its lawsuit against New Mexico over management of the Rio Grande.

Texas contends that groundwater pumping near the Texas-New Mexico border has resulted in Texas farmers and residents being deprived of Rio Grande water.

The dispute's complex history focuses especially upon farmers in the Elephant Butte Irrigation District, which delivers river water in Doña Ana County and southern Sierra County. Many growers have been anxiously wondering whether the high court would give a green light to the case.

There's a lot of uncertainty about the direction the case could go and about the ultimate result, said Gary Esslinger, manager of the 8,500-member irrigation district.

"I really don't know what the outcome will be," he said. "It's really unfortunate we're in this predicament. We'll just have to see."

Thorny debate

New Mexico argues that downstream users are getting what's required under a compact between the states and that the Supreme Court should have let lower courts consider the dispute.

New Mexico Attorney General Gary King said Monday he was not surprised by the court's ruling.

"I am confident that the court takes such state-to-state disputes very seriously, and we look forward to being able to tell New Mexico's side of the story and to have our day in court," King said.

The Supreme Court gave New Mexico 60 days to file a motion seeking the case's dismissal. Texas would then have an opportunity to respond.

The Texas Commission on Environmental Quality first asked the Supreme Court to weigh in more than a year ago, alleging that New Mexico was violating the 1938 Rio Grande Compact that governs how water is shared by Texas, New Mexico and Colorado.

EBID officials have said the Supreme Court dispute puts the irrigation district in awkward position. That's because, for groundwater purposes, EBID is squarely under New Mexico authority. But for river water regulation, it's lumped in with Texas under the Rio Grande Compact.

It's that arrangement, Esslinger said, that may prompt EBID to try to intervene in the new Supreme Court case as a third party, independent from New Mexico or Texas.

"We'll not necessarily be taking New Mexico's side or taking Texas' side," he said.

EBID officials have blamed the Texas action in the Supreme Court on a separate federal lawsuit brought by King, who challenged a 2008 water-sharing agreement between EBID and its irrigation district counterpart in El Paso County.

EBID officials have said they don't believe Texas would have filed the action, if King hadn't filed his.

Esslinger said he believes EBID is well-positioned to argue its case to the Supreme Court because the 2008 agreement has guaranteed that farmers in Texas are getting their share of river water.

"We think that it's working," he said. "We're going to continue to stand behind that position."

King argued that the agreement unfavorably changed the allocation of water for his state.

EBID officials have said the agreement was aimed at heading off a legal battle between the two states that could ultimately harm Doña Ana County farmers by cutting off their right to use groundwater.

Drought persists

Nearly all of New Mexico has been mired in drought for the past several years, leaving stretches of the Rio Grande dry at times and reservoirs along the river at record-low levels. Without any promise for moisture this winter, farmers are still making hard choices about whether to grow staple crops such as chile, onions and pecans.

Those farmers who made it through last year had access to wells for irrigating because there was not enough Rio Grande water left for New Mexico. This year, irrigation officials have yet to make predictions about how much water might be allocated.

Sun-News reporter Diana Alba Soular contributed to this report. 

EDITORIAL: Protecting Valley water -- groundwater conservation district might be wise - The Monitor: Editorials

EDITORIAL: Protecting Valley water -- groundwater conservation district might be wise - The Monitor: Editorials   



Editorial by State Rep. Eddie Lucio III     

Posted: Monday, January 20, 2014 12:03 am

With the scarcity of water a threat to South Texas’ future, the Rio Grande Regional Water Authority’s board is wise to take a cautious yet proactive approach in researching ways that the region could establish a regional groundwater conservation district to regulate water flow from our area.

At a Jan. 8 meeting in Weslaco of the water authority’s board, McAllen Mayor Jim Darling, who is board president, raised legitimate questions about whether our region is doing enough to protect groundwater beneath our soil. And while many questions are still unanswered regarding the right of capture for groundwater in Texas — and several conflicting court cases — this is a precious resource we should do everything to guard.

“We’re the most under-represented area without groundwater districts,” Darling said. “It kind of concerns me that we’re not controlling our own destiny.”

It’s a valid concern. Because as surface water sources diminish in our state due to expanding population and agricultural needs, more entities are looking at groundwater extraction to fulfill demand. We need to protect our groundwater from being sucked up and sent elsewhere.

State Rep. Eddie Lucio III, a lawyer who is on legal retainer for the board, explained the process for forming a conservation district. This includes: legislature; a petition by landowners of the Texas Commission on Environmental Quality (TCEQ); and TCEQ has the authority to create a district, although Lucio said that is in extreme cases and has never been done.

He did caution that there are conflicting legal rulings on groundwater cases and it’s well expected that the next Legislature will take up this issue, which could likely change existing rules.

He told the board conservation districts manage the conservation, preservation and protection of groundwater; manage recharge and prevent waste.

“What you want to do is to know who’s pumping, what they are using it for and where they are sending it, so we have an understanding a great snapshot of our groundwater usage,” Lucio said.

In 2011, the Legislature decided owners “have a right to the groundwater beneath your property; but it is subject to reasonable management by a groundwater district,” Lucio said. “Meaning in proportion to the land you own, you will get so much water.”

What is uncertain is how much these districts can regulate water flow with regard to enforcement and how that might change in upcoming years.

State Sen. Juan “Chuy” Hinojosa, a Democrat who represents the Valley, last week was named to the Joint Interim Committee to Study Water Desalination and sits on the Senate Natural Resources Committee. Water, he told us, is an issue that will be front and center next session.

Hinojosa filed legislation on behalf of Brooks County, which formed a groundwater conservation district that extends into the northern fringe of Hidalgo County. “Many areas of the state have created groundwater districts to be able to regulate the flow of groundwater for farming and agriculture and other uses,” he told a member of The Monitor’s editorial board. “My opinion is we need it. Because underground water is very much a part of meeting the water needs of our growing state and that is part of meeting the needs of our growing economy.”

Forming a conservation district involves administration costs, a representative from Brooks County testified to the Rio Grande Regional Water Authority. It also is subject to regulations as stipulated in the legislation, such as whether conservation board members are elected or appointed. And enforcement is a problem for that county, he said.

There certainly is a lot to consider but our area is wise to begin studying this now to protect this precious resource in the future.

Everything's Bigger in Texas, but a $67,000 Water Bill?

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

Tom Hoffman of Dallas, Texas received a second incorrect water bill over $66,000.    The second erroneous--and enormous--bill of $67,000 came a few months after the first one.

Mr. Hoffman had cancelled his auto-draft payment system after the first one hit his account for more than $66,000.  That bill froze his accounts until the error was finally fixed after some time.

City officials report that the erroneous bills were due to a broken water meter and computer issues.

The City of Dallas spokesman, Frank Librio, stated that the meter has finally been replaced  and an accurate bill will follow.  Mr. Librio also apologized for the error and the inconvenience.

San Antonio Greater Chamber Water Committee Pushes for State Help with Endangered Species Process

With the recent discovery of a rare spider that was thought to be extinct, San Antonio commuters in the northwest part of the city saw a halt in the construction of the highway underpass project on Texas 151 at Loop 1604 in order to preserve the spider’s habitat. The Chamber’s Water Committee will take the issue to legislators in Austin to argue for a resolution to the ongoing problem of the state’s inadequate process for dealing with endangered species.

As a result of the find, the Texas Department of Transportation (TX DOT) suspended all permits to construct and build in the area due to the discovery, causing a financial burden on contractors, the city, and San Antonio Water System (SAWS). When construction was suspended, SAWS was only 200 feet from completion in a water main project.

Greg Flores, Vice President of Public Affairs at SAWS, briefed members of the Water Committee and indicated that in order to complete the project, SAWS must either obtain an Incidental Take Permit or wait for a Regional Incidental Permit, which is already underway by Bexar County and the City of San Antonio. However, these options could take up to two years if expedited. SAWS is currently evaluating these options and studying the impact the finding of the spider may have on other projects.

Committee members discussed the importance of expediting the process of obtaining an incidental take permit in such instances as the delay in construction projects. The establishment of a state process for endangered species was also mentioned as a topic to push at the state level.

The Greater San Antonio Chamber of Commerce - News

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

Trey Wilson has moved his law practice to 111 W. Olmos Dr., San Antonio, Texas 78212. Phone, fax and email will remain the same.

Stop by and say hello!

Liquid Assets: Groundwater in Texas -- Great Article from The Yale Law Journal Online

The following is a link to an excellent article by Professor Gerald Torres, who holds the Bryant Smith Chair in Law at the University of Texas at Austin. While I don;t necessarily agree with the undercurrent that more governmental regulation is the answer to Texas' groundwater problem, the Professor makes fantastic points, and the article is well-written and insightful.

The Yale Law Journal Online - Liquid Assets: Groundwater in Texas

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.

In Texas, Turning to Outsiders to Finance Water Deals — Water Supply | The Texas Tribune

The construction costs for proposed Lake Columbia in east Texas are projected at $330 million. Under a new and revolutionary public-private partnership, these costs -- and the water from the reservoir -- would be shared between public water agencies and a private infrastructure company. 

Advocates say that private sector involvement is the only way to meet Texas’ growing water needs, but critics worry about how accountable private firms will be to the public, and about the possibility of higher water rates.

In Texas, Turning to Outsiders to Finance Water Deals — Water Supply | The Texas Tribune