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© 2014 Texas Drought and Watermaster Update Molly Cagle March 5, 2014
34

Texas drought and watermaster update twca 2014

May 20, 2015

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Presented by Molly Cagle at the Texas Water Conservation Association Conference in The Woodlands, Texas - March 2014
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Page 1: Texas drought and watermaster update   twca 2014

© 2014

Texas Drought and Watermaster Update

Molly Cagle

March 5, 2014

Page 2: Texas drought and watermaster update   twca 2014

2014 LCRA Emergency Order

Page 3: Texas drought and watermaster update   twca 2014

Look at the watershed above and the Highland Lakes

Page 4: Texas drought and watermaster update   twca 2014

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?

Page 5: Texas drought and watermaster update   twca 2014

Historical Trend

Page 6: Texas drought and watermaster update   twca 2014

Inflows to Highland Lakes

Five of the lowest inflow

years on record

occurred within the last six

years.

Page 7: Texas drought and watermaster update   twca 2014

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

Page 8: Texas drought and watermaster update   twca 2014

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

Page 9: Texas drought and watermaster update   twca 2014

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

Page 10: Texas drought and watermaster update   twca 2014

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.

Page 11: Texas drought and watermaster update   twca 2014

"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

Page 12: Texas drought and watermaster update   twca 2014

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

Page 13: Texas drought and watermaster update   twca 2014

Future With Irrigation Release

Page 14: Texas drought and watermaster update   twca 2014

Future Without Irrigation Release

Page 15: Texas drought and watermaster update   twca 2014

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…

Page 16: Texas drought and watermaster update   twca 2014

BRAZOS RIVER WATERMASTER

Page 17: Texas drought and watermaster update   twca 2014

Brazos River Overview

• 840 miles long• 42,620 sq. mi

watershed• 19 major

reservoirs

Page 18: Texas drought and watermaster update   twca 2014

Planning Regions G, H, and O

Page 19: Texas drought and watermaster update   twca 2014

October Snapshot 2000 - 2013

Page 20: Texas drought and watermaster update   twca 2014

Texas Water Code § 11.027

As Between Appropriators,

First in Time,

First in Right

Page 21: Texas drought and watermaster update   twca 2014

Senior Priority Calls

2009

2011

2012

2013

Page 22: Texas drought and watermaster update   twca 2014

Texas Watermaster Programs

Page 23: Texas drought and watermaster update   twca 2014

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.

Page 24: Texas drought and watermaster update   twca 2014

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.

Page 25: Texas drought and watermaster update   twca 2014

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

Page 26: Texas drought and watermaster update   twca 2014

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.

Page 27: Texas drought and watermaster update   twca 2014

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.

Page 28: Texas drought and watermaster update   twca 2014

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

Page 29: Texas drought and watermaster update   twca 2014

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

Page 30: Texas drought and watermaster update   twca 2014

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

Page 31: Texas drought and watermaster update   twca 2014

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

Page 32: Texas drought and watermaster update   twca 2014

Proposal for Decision

Threat - Clearly exists

Need - Evidence was overwhelming

Geographic scope - Entire Basin is appropriate

Page 33: Texas drought and watermaster update   twca 2014

Brazos Watermaster Outcome

TCEQ Agenda

Legislature

Page 34: Texas drought and watermaster update   twca 2014