© 2014 Texas Drought and Watermaster Update Molly Cagle March 5, 2014
May 20, 2015
© 2014
Texas Drought and Watermaster Update
Molly Cagle
March 5, 2014
2014 LCRA Emergency Order
Look at the watershed above and the Highland Lakes
Key Points
600,000 af storage is 2010 WMP cutoff 100% curtailment for interruptible 20% pro rata curtailment on firm
Cutoff modified in '12 and '13 emergency orders Should cutoff be modified in 2014? If so, at what storage capacity should it be lifted?
Historical Trend
Inflows to Highland Lakes
Five of the lowest inflow
years on record
occurred within the last six
years.
How did we get here?
LCRA applies for Emergency Order
Commission considers
ED's Order
ED issues Emergency Order
Exceptions
Commission considers Emergency Order
Dec. 10, 2013
Jan. 27, 2014
Feb. 12
Hearing on the merits
Feb. 17
PFD
Feb. 21 Feb. 24
Feb. 26
ED Emergency Order
No interruptible releases now 1.1 trigger on future releases Automatic renewal if below 1.1 M AF on May 26 Cap on total releases depends upon storage
If combined storage is… Interruptible releases up to…
< 1.1 M zero
≥ 1.1 M but < 1.2 M 100,000 AF
≥ 1.2 M but < 1.3 M 124,000 AF
≥ 1.3 M but < 1.4 M 148,000 AF
≥ 1.4 M 172,000 AF
How did we get here?
LCRA applies for Emergency Order
Commission considers
ED's Order
ED issues Emergency Order
Exceptions
Commission issues Modified Emergency
Order
Dec. 10, 2013
Jan. 27, 2014
Feb. 12
Hearing on the merits
Feb. 17
PFD
Feb. 21 Feb. 24
Feb. 26
Legal Issue
Texas Water Code 11.139 "Emergency conditions exist which present an
imminent threat to the public health and safety and which override the necessity to comply with established statutory procedures"
No feasible practicable alternatives to the emergency authorization.
Emergency Order has 120 day life; may be renewed once for not longer than 60 days.
Affirm, modify, or set aside the emergency authorization.
"Imminent threat to public health and safety"
Intake structures already out of water-more soon Wells already dry Firefighters unable to access lake water Urban tree canopy Concrete foundations No alternatives
Reality
Concern about hitting 600,000 af -DWDR Concern about indoor water use restrictions Comfort zone Precedent of cap Precedent generally Economics and public perception
Future With Irrigation Release
Future Without Irrigation Release
Results
ALJ Recommends
No interruptible releases now
1.4 M AF trigger 172,000 AF cap on
releases Automatic renewal
TCEQ Adopts
No interruptible releases now
No trigger level No automatic renewal
To be continued…
BRAZOS RIVER WATERMASTER
Brazos River Overview
• 840 miles long• 42,620 sq. mi
watershed• 19 major
reservoirs
Planning Regions G, H, and O
October Snapshot 2000 - 2013
Texas Water Code § 11.027
As Between Appropriators,
First in Time,
First in Right
Senior Priority Calls
2009
2011
2012
2013
Texas Watermaster Programs
Tex. Water Code § 11.325 - Water Divisions
The commission shall divide the state into water divisions for the purpose of administering adjudicated water rights.
Water divisions may be created from time to time as the necessity arises.
The divisions shall be constituted to secure the best protection to the holders of water rights and the most economical supervision on the part of the state.
Sunset legislation, HB 2694 (2011)
11.326(g) For a water basin in which a watermaster is not appointed, the executive director shall:
(1) evaluate the water basin at least once every five years to determine whether a watermaster should be appointed; and
(2) report the findings and make recommendations to the commission.
Executive Director October 2012 Brazos Basin Recommendation
34 water right holders commented 23 opposed 7 in favor 4 neutral
ED recommendation: Threat to senior water rights would be best articulated by those water rights holders impacted
Invited petition per §11.451
Tex. Water Code §11.451
On petition of 25 or more holders of water rights in a river basin or segment of a river basin or on its own motion the commission may authorize the executive director to appoint a watermaster for a river basin or segment of a river basin if the commission finds that the rights of senior water rights holders in the basin or segment of the basin are threatened.
Tex. Water Code § 11.452
(a) On receiving a petition for appointment of a watermaster or on its own motion, the commission shall call and hold a hearing to determine if a need exists for appointment of a watermaster for the river basin or segment of the river basin.
(b) At the hearing persons who hold water rights in the river basin or segment of the river basin may appear before the commission and submit testimony and evidence relating to the need for appointment of a watermaster.
(c) After the hearing, the commission shall make a written determination as to whether a threat exists to the rights of senior water rights holders in the river basin or segment of the river basin and shall issue an order either finding that a threat exists and directing appointment of a watermaster or denying appointment of a watermaster.
Brazos River Watermaster Hearing
Threat Need Appropriate Geographic Scope
January 2013Petition Filed
April 2013Preliminary Hearing
February 2013Petition Considered at
Agenda
December 2013Proposal for Decision
Sept. 23-26, 2013Live Hearing
April or May ?Agenda
Proponents Hearing Themes
Prior appropriation is the law and it exists to deal with shortages Recurring periods of shortage and increasing basin
demands Protection of vested property rights Planning tools assume implementation of prior
appropriation Reactive management to calls or complaints does
not negate existence of or sufficiently address threat Whole basin is hydrologically connected Watermaster is the tool provided by Legislature to
enable data collection and proactive management
Opponents Hearing Themes
Priority Call implementation is sufficient Drought Tiger Teams Improvement from 40+ days to goal of less than 10 Days Limited occurrence
Government intrusiveness
"Upper Basin" is distinct in climate and hydrology and Possum Kingdom is a sufficient divide
Other carve outs
Jurisdictional challenge
Particularly preyed upon by [supporters of the watermaster] were the deceased, the cancer ridden,the demented and elderly and their naïve sullen survivors.
Some Petitioners dropped out
Proposal for Decision
Threat - Clearly exists
Need - Evidence was overwhelming
Geographic scope - Entire Basin is appropriate
Brazos Watermaster Outcome
TCEQ Agenda
Legislature