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OCTOBER 2012




                                    TWCA Fall Meeting Returns to San Antonio
                                    	        The city famous for its Spanish missions, the Alamo, the River Walk,
                                    SeaWorld, Six Flags Fiesta Texas, and the San Antonio Spurs, is visited by
                                    approximately 26 million tourists per year. In October, the Crowne Plaza
       Texas Water                  Riverwalk Hotel will welcome TWCA members for the Association’s Fall
Conservation Association            Meeting. As usual, the agenda is packed with interesting and informative
 221 E. 9th Street, Ste. 206        presentations and there will be ample time for catching up with attendees
 Austin, Texas 78701-2510           from around the state.
       512-472-7216                 	        Golfers tee off at noon on Wednesday for the 5th Annual Fall
    Fax: 512-472-0537               Classic Golf Tournament at The Quarry Golf Club, with an 11:30 check
    http://www.twca.org             in for the 4 person scramble. A free Risk Management Seminar will start
                                    at 1 pm (see website for additional details). Wednesday evening, plan to
         Officers                   attend the Membership and Services Committee Reception, hosted by
     Luana Buckner,                 Brown & Gay Engineers, Inc. from 6-7 pm in the Grand Foyer.
        President                   	        Thursday morning, the TWCA Panels and Committees will convene
                                    in various locations between 9 and 11:30 a.m. Several of the Panels will
     Phillip J. Ford,               feature special guest speakers with presentations on critical topics, so be
      President-Elect               sure to check the program agenda for current location information. The
                                    TWCA Board of Directors Meeting will be held at 10:30 a.m. in Texas
    James M. Parks,                 Ballroom B on the second floor.
  Immediate Past President          	        The Thursday afternoon General Session kicks off at 1 p.m.
                                    Highlights include Texas Land Commissioner Jerry Patterson, State
     Association Staff              Senator Robert Duncan, and Zack Covar, the Executive Director
    Leroy Goodson                   of the Texas Commission on Environmental Quality. The afternoon session
     General Manager                will include important presentations on water conservation, identity theft,
 e-mail: lgoodson@twca.org          and restoration of the San Antonio River. State Representative
                                    Brandon Creighton will address the attendees at the Thursday
       Dean Robbins                 evening reception.                                      Continued on page 4
  Assistant General Manager
     drobbins@twca.org


        Opinions expressed in
      Confluence are those of the
      writer and not necessarily
     those of TWCA, its officers,
           directors or staff.
            © 2012, TWCA

                                         Covar             Duncan            Patterson          Creighton

                                                       1
President’s Message…
                             Texas Needs Bold Leaders
                         	      Now is the time for        to fund water projects. He told the viewers to
                           bold leadership in Texas.       hold their elected officials accountable – not
                           Our vision must be bold         by pledging against raising taxes – but by
                           enough to withstand             do the right thing for the needs of the state.
 Luana Buckner             the temptations of our          Representative Larson is currently touring
political motivations. And our actions must                the state visiting groundwater districts, river
match our vision. As Texans lean further to the            authorities and other water providers to gain
political “right”, we risk losing sight of our core        firsthand knowledge of what these agencies are
needs as a state. In so doing we put the well              doing and to learn more about water needs.	
being of our economy, our natural resources                	      Senator Jeff Wentworth made a similar
and our future in jeopardy. We can not continue            bold statement recently saying what an important
to ignore the needs that are fundamental to	               and critical issue water is and the need for funding
our continued sustainability as a society. We              it.
must find a way to fund education, repair and	             	      Representative Harvey Hilderbran is
build our infrastructure and more importantly,             calling for wide spread reforms to our property
secure and ensure certainty in our WATER.	                 tax system. Reforms that could lead to increased
	       If our political culture as voters insists on no   revenues, according to the Center for Fiscal Policy
new funding options for programs and projects              at the Texas Public Policy Foundation. 	
that are critical to our viability as a place to live,     	      Land Commissioner Jerry Patterson has
learn and work, how can we expect to move                  a bold vision for water projects on the state’s
forward and continue the growth our state has              lands. Although still in a preliminary feasibility
enjoyed over the past few years. How are we                phase, the project sounds promising. 	
going to continue to grow our economy if we do             	      As local and regional water leaders
not have adequate schools, transportation and              representing all areas of state, we as members
water to sustain that growth? Perhaps our state            of Texas Water Conservation Association
would be better served if we as voters took a more         should continue to encourage these types
reasonable approach that in today’s political              of bold ideas and bold leadership. We can
climate requires our leaders to be bold.	                  and should do more to educate the decision
	       Bold as in the step Chairman Allen Ritter          makers and the voters. And, we should not
took last session to introduce legislation proposing       be hindered by the constraints and prejudices
a constitutional amendment to establish a tap fee          of partisan politics that threaten to stymie our
on water connections to assist the Texas Water             progress as a proud and productive state. 	
Development Board in the funding of certain                	      If my comments today seem bold, then
projects included in the state water plan. 	               I’ve accomplished what I set out to do – set the
	       There are also a few more bold members             table for some truly bold discussion and debate.
of the legislature emerging. State Representative
Lyle Larson was on a San Antonio televised
talk show just weeks ago calling for the need

                                                       2
Pesticide General Permit:
                     All Pain, No Gain
                                       by Senator James M. Inhofe*
	       Despite our efforts, as of October 31, 2011 pesticide applications
to, over or near Waters of the United States require a Clean Water Act
(CWA) National Pollutant Discharge Elimination System (NPDES) as a
Pesticide General Permit (PGP). This new rule inaugurates an onerous
duplicative permitting process: previously pesticides were adequately
regulated solely under the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA) – and for over 30 years, EPA did not require permits for
pesticide application (1) if pesticides are applied directly to water to
control pests such as mosquito larvae and aquatic weeds; and (2) if
pesticides are applied to control pests that are present over or near water.
Now compliance will no longer mean simply following instructions on
a pesticide label. Pesticide users – including farmers, ranchers, forest
managers, scientists and individuals from state agencies, city and county
municipalities, mosquito control districts, and water districts – will have to navigate an expensive and
complex process of identifying the relevant permit, file a valid notice of intent to comply with the permit
with the regulatory authority, and obtain a familiarity with all of the permit’s conditions and restrictions.	
	       As for the financial burden, EPA estimates the paperwork alone will cost $50 million annually;
however, state estimates show the financial burden to be several magnitudes greater. Further,
EPA estimates that this permit will impact 365,000 entities -- virtually doubling the number of
entities currently subject to NPDES permitting and covering 5.6 million pesticide applications each
year. The PGP will touch 45 permitting authorities and require one million hours to implement.	
	       Unfortunately, under this new rule, it is possible for environmental activists to sue pesticide
users under the Clean Water Act, an avenue that was not available under FIFRA – and big green
groups make no secret of their intention to continue their citizen suits until all pesticide applications are
permitted if there is even a slight chance that the pesticide could come in contact with any “water,”
either flowing water or seasonal drainage ditches that could be a conveyance to a water of the US.	
                                                                            Continued on page 5
* Reprinted with prermission from the March 2012 issure of Irrigation Leader magazine.




                                                      3
San Antonio...                               	      The General Session reconvenes on Friday
                                             morning at 8:15 a.m. and includes presentations from
Continued from page 1
                                             Mike Turco, U.S. Geological Survey, Texas Water
                                             Development Board Chairman Billy Bradford,
                                             Grigadier General Thomas W. Kula of the U.S.
                                             Army Corps of Engineers, and State Climatologist
                                             John Nielsen-Gammon. The program will be
                                             capped off by a discussion of the new TWCA com-
                                             munications efforts on behalf of the Membership and
                                             Services Committee, and closing with a Case Law
                                             Update from the Water Laws Committee.
                                             	      “Once again, we’ve put together an outstand-
         Kula           Nielsen-Gammon       ing program for our members,” said Leroy Goodson,
                                             TWCA General Manager. “We all look forward to
                                             these opportunities to get together to talk about the
                                             important water issues, exchange ideas, and to the fel-
                                             lowship, as well. We will be heading into a Legislative
                                             Session and that always brings an added emphasis
                                             to our discussions.” 

                                               From the June Conference...
                                              Always delighted to have our Legislators join us
                                              and participate in TWCA meetings...
        Turco              Bradford




                                              Representative Bill Callegari (top center) with
                                              Leroy Goodson and Dean Robbins (right). Sen.
                                              Troy Fraser (below center), Chairman, Senate
                                              Committee on Natural Resouces.




                                         4
Pesticide General Permit                                            	        Although this duplicative permitting process
                                                                    is now in effect, we have not given up the fight to
Continued from page 3
                                                                    stop it. On March 2, 2011, H.R. 872, the Reducing
	        The results of this could be dire for pesticide            Regulatory Burdens Act of 2011 – a bill that would
users: applicators not in compliance will face                      clarify that pesticide application used in compliance
fines of up to $37,500 per day per violation, not                   with FIFRA do not need an additional Clean Water
including attorney’s fees. Given the fact that a large              Act permit – was introduced. It passed overwhelm-
number of applicators have never been subject to                    ingly in the House of Representatives by a vote of
NPDES and its permitting process, even a good                       292-130 on March 31, 2011, and was passed out of
faith effort to be in compliance could fall short.                  the Senate Agriculture committee by voice vote on
Moreover, the CWA allows for private actions against                June 21, 2011. Unfortunately the bill was stalled in the
individuals who may or may not have committed a                     Senate as environmental activist groups managed to
violation. Thus, while EPA may exercise its judgment                get enough members of the Senate on their side. 	
and refrain from prosecuting certain applicators,                   	        From global warming to water rules, my
they remain vulnerable to citizen suits.	                           priority in my leadership role in the Senate Committee
	        And, as with so many of EPA’s rules, the                   on Environment and Public Works has always been
exorbitant costs and the regulatory burden imposed                  to stop EPA from implementing regulations that are
will have no meaningful environmental benefits.                     all economic pain for no environmental gain, and
Advocates of this duplicative permitting process say                the Pesticide General Permit process is very much
that it is essential to ensure clean water, but this is             a part of that fight. I will continue to work with my
simply not the case. NPDES is a permit to discharge.                colleagues in the Senate to implement this much-
In the case of pesticides, it’s a permit to discharge a             needed legislative fix. 
substance that is already evaluated by EPA for impacts
to water quality. No other permitted discharge subject               Proudly serving communities throughout Texas for over 35 years
to this unnecessary double regulation by EPA. 	
                                                                            Governmental Entities have always been our core business.
	        If anything, this process will likely be detrimental
                                                                                                 Client satisfaction is our top priority.
to public health, as the increased likelihood of
litigation could lead some to discontinue pesticide use                                                                   Water Plants
altogether. If this happens, control of mosquito and                                                        Water Well Rehabilitation
other vector borne diseases that regulatory threaten                                                   Wastewater Treatment Plants
human health will be significantly disrupted by the                                                                        Lift Stations
PGP process; this process could also create barriers to                                                              Plant Inspections
the control of pests such as the Gypsy Moth and Forest                                          Geographic Information Systems (GIS)
Tent Caterpillar, which could result in more cases of                                               Water, Sanitary Sewer & Drainage
tree deaths in forests and defoliated landscapes. 	                                                     Sanitary Sewer Rehabilitation
	        My own state of Oklahoma does not have                                                               Hydraulics & Hydrology
NPDES permitting authority for pesticides, but it                                                           Construction Management
does not anticipate that requiring NPDES permits
                                                                                                                              Surveying
                                                                                                          Utility District Consultation
for pesticide applications will provide significant
                                                                                                             Bond Application Reports
environmental benefits. The stream segments in
Oklahoma with pesticide impairments are mostly due
to older, legacy pesticides that EPA has cancelled
and/or discontinued. None of these impairments are
                                                                                                www.jonescarter.com | 713 777 5337
attributable to pesticides applied directly to waterways,
but rather are the result of stormwater runoff.	
                                                                5
Sequestration and the Fiscal Cliff
    FED ERAL D EVELOP M ENTS                                       	        The fiscal cliff has three components: the
                                                                   expiration of the Bush tax cuts, the end of the
       An Historic Lame Duck                                       Alternative Minimum Tax “patch”, and automatic,
         and Other Issues                                          across-the-board cuts (known as “sequestration; see
                                                                   June 2012 CONFLUENCE, page 14 ) that will cut
                  By Tom Ray,                                      $110 billion per year for the next ten years equally split
	          Lockwood, Andrews & Newnam                              between defense and non-defense spending. Taking
                                                                   together the impacts are predicted to cause double-
	         The “lame duck” session of the 112th Congress            dip inflation in 2013. Nearly all proposals to avoid the
will begin on November 13 and likely end just before               fiscal cliff involve extending certain parts of the 2010
Christmas. Speaker Boehner in the House and Leader                 Tax Relief Act or changing the 2011 Budget Control
Reid in the Senate will be responsible for determining             Act or both, thus making the deficit larger by reducing
the priorities of the lame duck, but both recognize the            taxes and/or increasing spending.
number one issue to be taking the steps necessary to               	        The potential impacts of the draconian auto-cuts
prevent the United States from going over a fiscal cliff           in defense and non-defense budgets are easily recognized,
by a triad of converging fiscal dictates. The upcoming             but consider the impacts to individual wage earners of
lame duck may be one of the most significant sessions              the expiration of the Bush tax cuts. The box shows the
in recent history, more so than the December 2010 lame             latest report from the nonpartisan Tax Policy Center.
duck session passed the extension of the Bush tax cuts
for an additional two years.
	         Unfortunately, while “going off the fiscal cliff”
may be addressed during the lame duck session in
Congress, there is a huge backlog of uncontroversial
yet still important legislation that will die with the 112th
Congress at the stroke of midnight, December 31st.




                                                                   Budget deficits, projected through 2022. The “CBO
                                                                   Baseline” shows the effects of the fiscal cliff under
                                                                   current law. The “Alternative Scenario” represents what
                                                                   would happen if Congress extends the Bush tax cuts and
                                                                   repeals the Budget Control Act-mandate.




                                                               6                                 Continued on page 14
New Lawsuit Against
     TWDB Highlights
    Physical and Legal
   Relationship Between
     Groundwater and
      Surface Water
      by Andrew S. “Drew” Miller

      It is an accepted canon of water law in Texas                As a result of the drilling of wells and the large
that surface water and groundwater are regulated             scale pumping of groundwater for irrigation on
under entirely separate legal regimes. This division         nearby property, the springs ceased flowing. The
exists despite the fact that – physically speaking –         water district which provided water to farmers using
ground and surface waters are, in fact, part and parcel      the water which had emerged from the springs filed
of the same thing, namely, water moving through              suit against the groundwater pumper, asking that he
various states of the hydrologic cycle.                      be enjoined from interfering with the normal flow of
                                                             Comanche Springs and for other relief.
   The Comanche Springs Case (1954)                                The court of civil appeals ruled against the
        The historical separation between the legal          District, stating that under the laws of Texas,
regimes governing groundwater and surface water,             groundwater belongs to the landowner and may
and the dissonance that results from the application         be used by him at his will. Thus, groundwater
of that separation to the physical reality of the            contributing to the flow of Comanche Springs
connectedness between groundwater and surface                belonged to the landowner while it was under his
water is perhaps best illustrated through the holding        land. The court refused to declare the District’s
in Pecos County Water Control and Improvement                correlative rights in the groundwater, explaining
District No. 1 v. Williams, 271 S.W.2d 503 (Tex.             that the District’s rights could only extend to waters
Civ. App.–El Paso 1954, writ ref’d n.r.e.).                  of Comanche Springs after their emergence from
        Comanche Springs in Pecos County were used           the ground. Prior to that time, the landowner could
from prehistoric times by the Jumano Indians. They           beneficially use any amount of water regardless of
were likely visited in 1536 by Cabeza de Vaca and            its impact on the springs.
later described by Juan de Mendoza in 1684. In 1849,               Since the Comanche Springs case was decided,
William Whiting of the U.S. Cavalry described them           scores of groundwater conservation districts (GCDs)
as “a clear gush of water which burst from the plain,        have been created in Texas. GCDs have the
unperceived until the traveler is immediately upon           responsibility and legal authority to manage
it . . . abounding in fish and soft-shelled turtles.” In     groundwater resources and regulate groundwater
1859, the United States established Camp Stockton,           production, and manage and conserve groundwater
and used the spring water as its supply. From 1875           resources.
on, the springs formed the basis of an irrigation
district that watered thousands of acres of cropland.             Environmental Stewardship v.
By the 1930s, Comanche Springs became a regional             Texas Water Development Board (2012)
attraction, enjoyed by local residents, visitors and              	 Almost 60 years after the Comanche Springs
tourists. A bathhouse, swimming pool and pavilion            case, the acknowledged division between the legal
were constructed there in 1938.                              regimes governing surface water and groundwater,
                                                           7                              Continued on page 8
New Lawsuit Against TWDB...                                    were adopted by the GMA for the various aquifers
                                                               in each of the groundwater conservation districts’
Continued from page 7                                          jurisdictions.
                                                                      Environmental Stewardship alleges that
and potential connections between the two, have                groundwater pumping resulting from the adopted
been brought to the fore as a result of a lawsuit              DFCs would “unreasonably threaten the groundwater-
by Environmental Stewardship, a non-profit                     surface water relationship between the Colorado and
corporation, against the Texas Water Development               Brazos Rivers and the underlying aquifers governed
Board (“TWDB”) regarding TWDB’s treatment of an                by the DFCs.” Environmental Stewardship also
appeal of Desired Future Conditions (DFCs) adopted             asserts that such groundwater pumping would harm
by Groundwater Management Area 12 (“GMA-12”).                  terrestrial and surface water resources dependent
      Environmental Stewardship filed its lawsuit in           on outflow from the aquifers into the Colorado and
July 2012, in state district court in Travis County.           Brazos Rivers. Following a hearing held on February
Environmental Stewardship alleges that it and its              29, 2012, in Milano, Texas, which included the
members own property in Bastrop County, within                 presentation of evidence, and upon the consideration
GMA-12. GMA-12 covers all or portions of 14 counties           of the recommendation of TWDB’s staff, the TWDB
in central and east Texas including Bastrop County,            denied Environmental Stewardship’s petition. The
and includes all or portions of the jurisdiction of five       staff recommendation stated in summary that while
GCDs, including the Lost Pines GCD. The goals of               some of Environmental Stewardship’s criticisms
Environmental Stewardship include the protection,              regarding the alleged failure of the GCDs to follow
conservation, restoration and enhancement of the               proper procedures, inappropriate methodology
ecological functions of the Colorado River and the             including modeling assumptions, and the failure
Brazos River and the groundwater and watersheds                of the GCDs to adopt evidence presented during
associated with those streams. Environmental                   GMA meetings, may be valid, none of them
Stewardship says that its members include: a well              warrants a determination that the adopted DFCs are
owner who relies on groundwater for domestic                   unreasonable.
and livestock use; a holder of permits allowing the                   In its lawsuit, Environmental Stewardship
withdrawal of surface water from the Brazos river for          now claims that TWDB acted contrary to its own
irrigation use; and the owners of a ranch that includes        rules by determining that the GMA-12 DFCs were
two groundwater wells and several seeps and springs.           reasonable without considering the impacts of the
      Environmental Stewardship’s members are                  DFCs on surface water and on surface water rights.
concerned that the pumping of groundwater that will            Environmental Stewardship relies on a TWDB rule
be allowed under the adopted DFCs will negatively              which states that “[t]he board shall consider the
impact their access to their water and water rights.           following criteria when determining whether a desired
For example, the ranch owners are concerned that               future condition is reasonable…(3) the environmental
increased pumping of groundwater will result in the            impacts including, but not limited to, impacts to spring
permanent drying of the springs on their property              flow or other interaction between groundwater and
and may jeopardize the continued operation of their            surface water;… [and] (5) the impact on private
ranch.                                                         property rights…” 31 Tex. Admin. Code § 356.45(c).
      At issue is the TWDBs review, in 2011, of                Environmental Stewardship argues that TWDB is
DFCs adopted by GMA-12 for the Sparta, Queen                   required to consider impacts to spring flow, surface
City, Carrizo-Wilcox, Calvert Bluff, Simsboro,                 water, and surface water rights but failed to do so.
Hooper, Yegua-Jackson, and Brazos River Alluvium                      The Office of the Attorney General has filed
aquifers, in response to a petition that was filed             a general denial on behalf of TWDB – meaning
by Environmental Stewardship appealing those                   that it has denied Environmental Stewardship’s
DFCs. The GMA-12 DFCs are expressed as an                      claims – but has not yet responded substantively.
average aquifer drawdown in feet, measured from                It is likely that TWDB will seek to have the case
January 2000 to December 2059. Different DFCs                  dismissed on the grounds that the decision by TWDB
                                                           8
on an appeal of a DFC is not a final agency action              interactions between groundwater and surface
capable of judicial review because it is ultimately not         water;” before voting on the DFCs (Tex. Water Code
binding on the GCDs. (The 2011 Legislation has                  § 36.108(d)(4));
changed the law so that individual GCDs are now                 	 GCDs’ management plans must include estimates
required to adopt relevant DFCs.) A similar request             of the annual volume of water that discharges from
for dismissal was granted by the district court in              each aquifer to springs and any surface water bodies
another lawsuit in which Mesa Water had appealed                (Tex. Water Code Ann. § 36.1071(e)(3)(D)); 31 Tex.
the determination of TWDB that the DFCs adopted                 Admin. Code § 356.5(a)(5)(D)); and
for GMA 1 were reasonable, a case that was later                	 The Edwards Aquifer Authority Act expressly
voluntarily dismissed. It is likely that Environmental          recognizes “the extent of the hydro-geologic
Stewardship will argue that its lawsuit is different from       connection and interaction between surface water
Mesa Water’s such that the courts have jurisdiction             and groundwater” (EAA Act § 1.14(a)(5)), and a
over Environmental Stewardship’s claims. However,               central purpose of that legislation is to protect and
even if Environmental Stewardship’s lawsuit is                  maintain springflows at San Marcos and Comal
ultimately successful, the appropriate remedy may               Springs (EAA Act § 1.14(a), (h)).
be for TWDB to go back and consider impacts to
spring flow, surface water, and surface water rights,                               Conclusion
in determining the reasonableness of the GMA-12                      Although a divide between the legal regimes
DFCs, and that upon doing so, TWDB will again                   governing groundwater and surface water remains,
determine that those DFCs are reasonable.                       the enactment of statutes including those governing
                                                                groundwater districts, and the adoption of rules by
    Connections between groundwater                             agencies since the Comanche Springs, case have
  and surface water under existing law                          established connections and some overlap between
      Current law is not devoid of connections between          those regimes. It remains to be seen whether and how
groundwater and surface water. Environmental                    the Texas Legislature will add to those connections
Stewardship’s lawsuit relies on the fact that under its         and how the courts will apply and interpret those
current rules, TWDB is to consider impacts to spring            connections in situations such as the Environmental
flow, and other interactions between groundwater                Stewardship case.
and surface water, when determining whether a DFC
is reasonable. Some of the other connections between
groundwater and surface water under existing law
                                                                                          Drew Miller is the 2012-
are listed below:
                                                                                          2013 TWCA Water Laws
	 GCDs are required to consider – prior to granting
                                                                                          Committee Chair and a
or denying a permit – whether the proposed use of
                                                                                          partner at the Austin office
water unreasonably affects existing surface water
                                                                                          of Kemp Smith LLP where
resources or existing permit holders prior to granting
                                                                                          he serves as the chair of
or denying a permit (Tex. Water Code § 36.113(d)
                                                                                          his firm’s Environmental,
(2));
                                                                                          Administrative and Public
	 Likewise, the Texas Commission on Environmental
                                                                  Law Department. Drew represents public and
Quality is required to consider the effects, if any, on
                                                                  private entity clients across Texas in the areas
groundwater or groundwater recharge, in considering
                                                                  of water and environmental law, specializing
an application for a permit to store, take, or divert
                                                                  in groundwater regulation and issues involving
surface water (Tex. Water Code § 11.151);	
                                                                  contaminated property. If you would like
	 TWDB rules may it clear that DFCs may be based
                                                                  additional information or have questions related
on spring flows (31 Tex. Admin. Code § 356.2(8);
                                                                  to this article or other matters, please contact Drew
	 GCDs are required to consider “environmental
                                                                  at 512-320-5466 or dmiller@kempsmith.com.
impacts, including impacts on spring flow and other

                                                            9
Water Conservation on the Golf Course...
 Horseshoe Bay Resort Sets an Excellent Example


	         For those among us who scoff at the practice                only 14% of golf courses utilize water from municipal
of using large quantities of potable water in dry                     systems. And golf courses account for only 0.5% of
climes or during droughts to irrigate broad sweeps                    all water use annually and just 1½% of all irrigated
of well-manicured links, scoff no more. Golf course                   water applied. Recycled water is used by 12% of golf
superintendents across America are among the best –                   facilities, a number that small only because such use is
if not the best – conservationists out there in this time             limited by the availability of effluent water and by the
of looming water shortages. If you don’t believe me,                  lack of water-provider infrastructure to deliver it.	
take it from former Georgia Governor Sonny Perdue                     	        Smart golf course superintendents utilize many
who, in 2007 during Georgia’s most severe drought in                  methods to conserve water. They hand water critical
decades, applauded only one group of professionals                    areas, use wetting agents to deal with localized turfgrass
for their expertise in water management…                              dry spots, and these days, keep turf drier than in times
	         And why wouldn’t golf course managers                       past to name just a few. Customers seldom complain
respect this most precious of all natural resources?                  about the latter practice. Golfers abhor spongy
After all, it’s the life blood of an almost $80 billion a year        fairways and delight in the added distance firm, dry
industry. If not sourced and utilized properly, a poorly              fairways provide…but that’s another topic. 	
managed water supply can be the death knell to what                       Research provides key information...
is first and foremost a viable commercial activity, and               	        The careful study of turf grass and soil
second, frequently the most beautiful, environmentally                conditions is an important tool for golf course
sound, recreational asset in a community.	                            superintendents in determining when to apply
	         But why should we use precious potable water                water. And the use of evapotranspiration data –
to maintain golf courses green for the enjoyment of a                 minimizing the return of moisture to the air through
tiny portion of our local populace? In fact, very much                evaporation from the soil and transpiration by
potable water for such purposes. According to the                     plants – is an increasingly sophisticated practice. 	
Golf Course Superintendents Association of America                    	        Already schooled in water conservation
(GCSAA), a leading golf organization since 1926,                      practices, groundskeepers’ receptiveness for and
                                                                 10
utilization of advanced water-use techniques can only                170 or so private
benefit golf facilities and the golf industry. Progress              clubs, and as the
continues to be made in a number of areas, including:                recent director of golf
1. The use of improved soil sensors to make better-                  course maintenance
informed irrigation scheduling decisions. Depending on               at Austin’s Barton
soil type, slope and other environmental characteristics,            Creek Club & Resort,
some areas of the typical golf course simply need less               Gorzycki arrived in
frequent, less intensive watering than others. 	                     Horseshoe Bay well-
2. Because the supply of and demand for                              qualified to do the
water is a matter unique to a given locality, the                    job. He came as a
commitment of time by course managers to work                        certified golf course
collaboratively with the body politic of the community               superintendent
is important in the development and improvement                      (CGCS by GCSAA) with an impressive list of
of public policy related to such issues. 	                           memberships including the United States Golf
3. And an important aspect of 2. above, is that golf                 Association, Texas Turf Grass Association, United
courses represent a potential long-term demand for                   States Golf Association Green Section Committee
local water treatment facilities. Municipal effluents                and the Lone Star Golf Course Superintendents
must be treated and the resultant output needs a home.               Association. Ken is a proud Texas Aggie with a
One obvious destination, given the development of                    Bachelor of Science degree in Agronomy.
an existing infrastructure, is the local golf course. In
short, golf course managers should strive to optimize
the use of reclaimed water, assuming that the available
supply, water quality and costs are sustainable.	
4. Proper management of turfgrass, which is an
effective biological filter to further treat water, is vital.
Across the country, golf courses irrigate approximately
80% of the turfgrass acreage they maintain. In the
country’s west and southwest regions, where water
is even more precious, course managers, generally
speaking, irrigate only the turfgrass that comes into
play. It follows that irrigation systems should be
properly zoned to allow for such precise application.
	        In June, TWCA members had the enviable
experience of playing golf on the beautiful and
immaculate golf courses at Horseshoe Bay. Those
courses are neat as a new pin for a reason. In January,
2009, Texas’ original lakeside resort, Horseshoe
Bay, appointed Kenneth Gorzycki, CGCS as its
Director of Agronomy to manage the conditions of it
three Robert Trent Jones, Sr. golf courses: Apple Rock,
Ram Rock and Slick Rock; Whitewater, an 18-hole
Burmuda grass putting course; and Summit Rock,
a then developing Jack Nicklaus Signature Course,
which opened in October, 2011. After 30 years with
Dallas-based ClubCorp, an owner or operator of
                                                                11                             Continued on page 12
Ram Rock Course                                                 you that.”
                                                                 	        With conviction, Ken went on to say, “Golf
                                                                 Course Superintendents are the best irrigators in the
                                                                 country today. They have to be. In the first place, it’s
                                                                 their job to keep the golf course in good condition.
                                                                 Secondly, irrigation is too expensive not to be done
                                                                 with deference to conservation. People can learn a
                                                                 great deal about water conservation by talking with
                                                                 experienced golf course superintendents.”
                                                                 	        Asked how his operation is dealing with the
                                                                 current drought in Central Texas, Ken said, “Prior
	       “In addition to its natural beauty, the                  planning and good luck is part of the formula. The
Horseshoe Bay community is blessed with another                  effluent water provided by the city treatment plant is
important commodity…water,” Ken noted in an                      a Godsend. It provides us most of the water needed
interview. “A primary water source for the resort golf           to sustain good greens and tee areas. We minimize
courses is the City of Horseshoe Bay waste water                 water usage on the periphery and in the rough, but
treatment plant, which has a capacity of 800,000                 even with cutbacks, things have…knock on wood…
gpd.”                                                            turned out better than we had reason to expect in
	       According to Gorzycki, the treatment plant’s             light of the drought’s severity.”
output currently averages around 500,000 gpd. The                	        Ken is committed to sharing his Best
plant has two on-site, 50 acre feet storage ponds. This          Management Practices (BMPs) with other golf and
stored effluent water is pumped through a continuous             irrigation practitioners. He’s currently working with
backwash, filtered and pressurized to irrigate the golf          a Texas Water Development Board committee
courses in Horseshoe Bay West. is 100% recycled,                 to revise Golf Course Irrigation BMPs. Ken also
mostly on the Horseshoe Bay golf courses. None                   serves on the Lower Colorado River Authority’s
is returned to the city’s source of water, Lake LBJ.             Water Management Plan Advisory Committee and
Because Horseshoe Bay does not have a discharge                  chairs the Water Conservation Incentives Review
permit, it delivers the water to the golf courses at no          Committee.
charge.                                                          	        Asked to detail some of his Best Management
	       “We must use it or store it. It can’t be dumped,”        Practices for water conservation, Ken replied, “There’s
Ken explained. “On those occasions when we have                  nothing unique about my list. It’s mostly common
too much supply coming from the treatment plant –                sense. With regard to the natural environment, I
and the storage ponds are full – the water is delivered          would suggest starting with the selection of low-water-
to nearby hay fields. Generally speaking, however,               use turfgrasses – new grasses are constantly being
we could use more water, particularly during the heat            developed – groundcovers, shrubs and trees. Be sure
of summer.”                                                      to use mulches in shrub and flower beds to reduce
	       Ken, who is in his fourth year at Horseshoe              water evaporation. And provide adequate levels of
Bay, has a strong water conservation philosophy.                 nutrients to the turf.”
“It’s simply the right thing to do, particularly in a            	        “From a turf maintenance perspective, I would
dry climate like Central Texas,” he said. “Water                 suggest mowing heights that fit the given species of
conservation is critical to the operation of golf courses        turfgrass and for its seasonal water-use characteristics.
today. It makes business sense and it makes course               To improve water infiltration and minimize water
management sense.” Underscoring an earlier point,                runoff during rains or irrigation, I employ soil and
Gorzycki maintained that the best course condition               turfgrass cultivation techniques such as verticutting,
is firm and dry. “Our members will be the first to tell          spiking, slicing and aerification. It’s also important
                                                            12
to locate trouble spots and improve drainage as                 	        Gorzycki mentioned just a few environmental
needed to produce healthier turf and improve root               considerations. He stressed that during golf course
systems. Where possible, cart traffic should be limited         design and maintenance, the preservation and/or
to hardened paths. This minimizes turf wear and                 creation of both wildlife and plant species habitats
soil compaction. And it makes sense to root-prune               should be carefully considered. Regarding wildlife,
trees in critical turf areas to minimize competition for        food, water, “unmaintained” cover and animal range
moisture and nutrients. Lastly, I would suggest that            should be considered. And native and/or naturalized
groundskeepers stay current on the latest irrigation            vegetation, to the extent possible, should be retained
technology, and when using it, to cycle their irrigation        or replanted in areas not in play.
sessions to ensure proper infiltration and to minimize          	        “It is important to respect the uniqueness of
runoff.”                                                        the existing ecosystem(s) into which the course has
	       “It’s important that golf course superintendents        been or will be integrated,” he said. “And water reuse
be good stewards of the environment,” Ken                       strategies are crucial, with emphasis on irrigation,
continued. “I think all superintendents should                  drainage and retention systems that provide for the
consider creating an . One that lists what they are             efficient use of effluent water and the protection of
, but that also lists what they …perhaps a digitized/           water quality. Regarding the latter, proper day-to-
web-based template – a checklist, if you will – to be           day fertilizer and chemical use and safety (i.e., the
used to perform regularly scheduled environmental               safe storage, application and handling) is extremely
audits. This self-imposed “report card” could then              important.”
be used to consider the options available to improve            	        “The catalog of golf course environmental
efficiency.”                                                    considerations is long,” Ken said in summary. “That’s
                                                                why an environmental resume or routinely monitored
                                                                check list is so important. Every superintendent
                                                                should develop one.”
                                                                	        Asked why he gets involved in so many
                                                                extracurricular conservation activities, Gorzycki
                                                                replied, “It’s important that the experienced people
                                                                in golf course maintenance share their BMPs with the
                                                                newcomers among us so that they, too, can initiate
                                                                proven-to-work practices. And despite 35 years of
                                                                experience, I continue to learn from my interaction
                                                                with others. Besides, it’s the right thing to do. My
                                                                philosophy, to the extent that I can, is to do well by
                                                                doing good.” 



                                                                     MARK YOUR
                                                                    CALENDARS...
                                                                 TWCA FALL MEETING
                                                                 October 24-26, 2012
                                                                  The Crowne Plaza
                                                                   Riverwalk Hotel
                                                                   San Antonio, TX


                                                           13
FED ERAL D EVELOP M ENTS ...                                      issues such as the sequester, tax policy, and a host of
                                                                  other unfinished business will likely keep the Congress
Continued from page 6                                             in session until right before Christmas, perhaps even
       Some Hope from Bipartisan Talks                            Christmas Eve. If you look at your calendars, Charismas
	       At least in the Senate there are bipartisan               Eve is on a Monday. Our personal bet is that if the
talks expected during the current recess on potential             Congress is still going on Friday, December 21, that we
comprises to deal with the fiscal cliff. A group of eight         will see a “Christmas miracle” a Congress will somehow
Senators (known as the “Gang of Eight”) is taking                 manage to complete its work on the weekend of
seriously about tax and spending issues and means                 December 22-23 and still make it home for Christmas.
to resolve the dilemma. Another group of Senators,
headed by Armed Services Chairman Carl Levin,
D-Mich., and John McCain, R-Ariz., have petitioned
Senate leadership to “…help forge a balanced
bipartisan deficit reduction package to avoid damage
to our nation security, important domestic priorities and
the nation’s economy.” According to CQ Today, House
Republicans, for their part, say they have no plans to
talk with Democrats about budget issues before the
November elections.
         Spending as Usual Anticipated
                for Federal Agencies
	       With all this up in the air right now, apparently
the Office of Management and Budget has some
confidence that the issues will be avoided. In a routine                         New Chief’s Remarks
memo issued by the OMB each September to provide                  The Corps’ leadership made a series of excellent
direction to federal agencies on how to operate under             presentations at the recent National Waterways
continuing resolutions, the agencies were told to                 Conference meeting. The newly appointed Chief of
continue normal spending and operations. However,                 Engineers LTG Thomas Bostick was the keynote.
OMB did recognize the threatened sequester, telling               Giving an overview of the USACE focus for the future,
agencies “…to ignore it, for now. If necessary, the               Chief Bostick cited military preparedness and the Civil
bulletin will be amended to address that sequestration.”          Works transformation as critical needs. He recognized
  In or Out of Session and For How Long?                          that the nation’s water resources infrastructure has
	       If you wanted to be involved with a successful            exceeded its design life and will require more extensive
wager, you might offer to bet people on whether                   maintenance and rehabilitation in the future. “The
Congress is in recess right now. Many would probably              Corps will have to prioritize projects and programs
respond, “They are in recess and won’t go back until              with rigorous analysis to ensure the greatest value for
November 13th for the lame duck.” And you would win               the taxpayer funds.”
your bet. The fact is that both the House and the Senate          	       Certainly the aging civil works infrastructure
are in session several times a week. At least technically.        is one of those challenges. Important to TWCA, the
For example, a Senate session earlier this week lasted            Chief noted that as dams have aged and downstream
13 seconds before adjournment was announced. Pretty               development has increased, the number of deficient
hard to do much floor business in such a time span.               dams has risen to more than 4,000, including 1,819
	       But other than the current “pro-forma” sessions,          high hazard potential dams. Over the past six years,
Congress won’t really be back until November 13,                  for every deficient, high hazard potential dam repaired,
which is the start of the “lame duck.” We have been               nearly two more were declared deficient. There are
told that the opening act of the lame duck will begin             more than 85,000 dams in the U.S., and the average
with about a week’s worth of work. Then adjournment               age is just over 51 years old.
for Thanksgiving. And then back into session the last                              Civil Works Focus:
week of November.                                                               Transform Civil Works
	       There will be an attempt to wrap things up by             With respect to the Civil Works, Chief Bostick provided
mid-December. But we have been told that huge                     the overview and Steve Stockton the specifics of the
                                                                                               Continued on page 18
                                                             14
Leroy Goodson to Receive
TWCA’s Confluence Newsletter
 gratefully acknowledges the
                                                          TGWA’s Life Member Award
  2012 Sponsors who make                                 	       Texas Ground Water
 this communication among                                Association Executive Secretary
                                                         Leroy Goodson will receive
     members possible...
                                                         a Life Member Award from
                  PLATINUM                               the National Ground Water
                                                         Association for special service in
                    AECOM                                the furtherance of the ground-
       Angelina & Neches River Authority
            Freese and Nichols, Inc.                     water industry and NGWA.
  Lloyd Gosselink Rochelle & Townsend, P. C.             The award will be presented
      North Texas Municipal Water District               in Decem ber at the NGWA Gr ou n dwa ter
 SAIC Energy, Environment & Infrastructure LLC           Expo and Annual Meeting in Las Vegas.	
          San Antonio River Authority                    	       Goodson has been executive secretary
        Tarrant Regional Water District                  his entire 31 years at the TGWA. During that
                     GOLD                                time, TGWA’s membership has grown from
                                                         400 members to about 1,600 members.	
          Brazoria Drainage District No. 4               	       “Leroy was instrumental in the development
            Brown & Gay Engineers, Inc.                  of continuing education for the licensees in the
  Chambers-Liberty Counties Navigation District
      Colorado River Municipal Water District            groundwater industry and has a true love for those
         Guadalupe-Blanco River Authority                involved in this profession,” said TGWA President
        Gulf Coast Waste Disposal Authority              Jason Cadwallader, Goodson’s nominator, noting
 Harlingen Irrigation District Cameron County #1         that the nomination was supported unanimously by
       Jefferson County Drainage District #6             the TGWA Board of Directors. 
          Lavaca-Navidad River Authority
           Lower Neches Valley Authority
  North Harris County Regional Water Authority
     Northeast Texas Municipal Water District
          Sabine River Authority of Texas
             San Jacinto River Authority
   Titus County Fresh Water Supply District #1
           TWCA Risk Management Fund
 Upper Neches River Municipal Water Authority
                    SILVER

         Barton Springs/Edwards Aquifer
              Conservation District
      Cameron County Drainage District #1
    Canadian River Municipal Water Authority
Evergreen Underground Water Conservation District
          Franklin County Water District
              J. Stowe & Co., LLC
           K. Friese & Associates, Inc.

                   BRONZE

        Bell Engineers and Consulting, Inc.
Brazoria County Groundwater Conservation District
         John E. Burke & Associates LLC
         Kimley-Horn and Associates, Inc.
               Klotz Associates, Inc.
         Plum Creek Conservation District
           Texas Water Foundation, Inc.


                                                    15
New Outreach for TWCA




            By David Harkins, Ph.D., P.E., D.WRE, Vice President - RPS Espey
	       We’ve come a very long way from the Paleo-Indians who inhabited Texas thousands of years ago.
In fact, it would be a stretch to draw many comparisons between such diverse inhabitants then and now...
with the possible exception of love of family and respect for the environment. We’ve evolved from using
smoke signals to internet blasts and social media in less than ten thousand years! Yet the challenge remains
the same -- exchanging information, ideas, and news in a timely (and actionable) manner.
	       This was the assignment tackled by a Membership Panel task force in 2010 when they began envision-
ing the kind of communications efforts appropriate for
the top membership water organization in the State.
The group included Tom Michel, Deputy General
Manager, Harris-Galveston Subsidence District; David
Harkins, Ph.D., P.E., D.WRE, Vice President - RPS            a: he imparting or exchanging of information
                                                                t
Espey; and chaired by Jason Hill, Lloyd Gosselink               or news
Rochelle  Townsend, P.C.	                                   b: he successful conveying or sharing of ideas
                                                                t
	       According to Tom Michel, “As water issues               and feelings
continued to intensify globally – and with a Texas           c:  ersonnel engaged in transmitting or
                                                                p
                                                                exchanging information
Legislative Session on the horizon -- the Association’s
                                                             d:  technique for expressing ideas effectively
                                                                a
challenge to provide timely and pertinent information
                                                                (as in speech)
had escalated correspondingly. In today’s fast-paced,
                                                             e: all of the above.
24/7, high-tech information arena,” Michel continued,
“we are inundated by sophisticated and instantaneous communication strategies, each competing for our

                                You’re invited! Please make plans to attend our
                          Communications Themed Reception, sponsored on behalf
                           of the Membership and Services Committee by Brown 
                             Gay Engineers, Inc. -- 6 - 7 p.m. in the Grand Foyer,
                                           Wednesday, October 24th.

                                                    16
attention. We decided it was time to elevate the TW-             Facebook and Twitter. An important feature on the
CA’s ability to reach its various publics efficiently and        new site is the ability to sign up for periodic electronic
cost-effectively, utilizing a bolder outreach approach.          messages on key topics. Other conveniences -- like
The Task Force determined that soliciting professional           the ability to register online for conferences and meet-
communications assistance was appropriate, so we                 ings -- are progressing, with the first level of this being
developed and distributed a Request For Proposal                 available for the October 2012 meeting. As with all
(RFP).”                                                          new things, the interactive components will take some
	       The language in the RFP was specific in                  time to tweak.
outlining what skills the Task Force had concluded               	        The Association’s Facebook section (ac-
were necessary for a candidate to possess, including:            cessible from the home page) is becoming more
a working knowledge of historic and contemporary                 popular and as its use grows, new information will
water issues; superior writing and design skills; and            be introduced. Same is true for Twitter. Social media
the ability to employ a creative approach to develop-            programs tend to peak and lag, so the objective is to
ing a critical outreach program.                                 be flexible and able to maximize the programs that
	       Ten firms submitted proposals and, after a               appear to resonate with members.
series of individual interviews, the Task Force se-              	        During the Membership and Services Com-
lected Barbara Payne, Payne Communications, as                   mittee meetings at each of the TWCA conferences,
the new consultant. She began her assignment at                  participants have been especially helpful in advanc-
the June 2011 Conference in Galveston, and laugh-                ing communications strategies and ideas, and this
ingly explained that she had been “thrown into the               is expected to continue. Since communications is
deep end” when at their meeting, the TWCA Board                  always (or certainly should be) a two-way street, so-
recommended taking aggressive outreach action in                 liciting input and ideas from all interested parties will
support of Proposition 2 (Proposed Constitutional                be important in order to incorporate key concepts of
Amendment for Water Financial Assistance Bonds).                 interest to the diverse TWCA membership. The same
                                                                 input will be useful in the production of the Associa-
                                                                 tion’s newsletter, as well.
                                                                      CONFLUENCE                                                                                                            June 2012




                                                                 	        The October
                                                                 2012 newsletter is the              Texas Water
                                                                                                                                   Popular Venue Draws A Crowd for
                                                                                                                                  TWCA June Meeting in Horseshoe Bay
                                                                                                                                           TWCA members will be travelling from all over the state to the


                                                                 third new format edition
                                                                                               Conservation Association
                                                                                                                                  popular Horseshoe Bay Resort in the Texas Hill Country. There’s a full
                                                                                               221 E. 9th Street, Ste. 206        agenda planned for the event, kicked off by the 6th Annual Jim Adams
                                                                                               Austin, Texas 78701-2510           Memorial Golf Tournament on the Ram Rock Course Wednesday after-
                                                                                                     512-472-7216                 noon, with a 1:00 pm tee off. The TWCA/RMF reception will begin at
                                                                                                  Fax: 512-472-0537               5:30 pm. (Visit the website--www.twca.org -- for the latest agenda.)



                                                                 of CONFLUENCE, now
                                                                                                 http://www.twca.org                       Beginning in the morning on Thursday, the panels will all meet
                                                                                                                                  between 9 am and noon, with the General Session kicking off at 1 pm
                                                                                                                                  with remarks by the Mayor of Horseshoe Bay, Robert Lambert. Par-
                                                                                                       Officers
                                                                                                                                  ticipants will have the opportunity to hear from the Chairman of the
                                                                                                    Luana Buckner,                Senate Natural Resources Committee, Sen. Troy Fraser; from TCEQ
                                                                                                       President                  Chair Bryan Shaw, PhD; and from Melanie Callahan, Executive


                                                                 “reinvented” into digital
                                                                                                                                  Administrator, TWDB. Rounding out the session -- prior to the Board of
                                                                                                    Phillip J. Ford,              Directors meeting -- is Carlos Peña, Principal Engineer, United States
                                                                                                     President-Elect              Section of the International Boundary  Water Commission. Critical top-
                                                                                                                                  ics, such as a national perspective on water issues, water conservation,
                                                                                                                                  and the Lake Granbury study, complete the afternoon’s discussions.


                                                                 publishing and distri-
                                                                                                  James M. Parks,
                                                                                                Immediate Past President                   Back by popular demand is a Reception and Dance, featuring
                                                                                                                                  Cactus Country Band that will surely set your toes a’tapping. The
                                                                                                                                  festivities begin at 6:30 in Salons ABCD.
                                                                                                   Association Staff                       Off to an early start on Friday morning with opening remarks by
                                                                                                   Leroy Goodson                  Burnet County Judge, Donna Klaeger. Reuse will be one of the hot


                                                                 bution. Special reports
                                                                                                   General Manager                topics for the morning, along with remarks by Brigadier General Thomas
                                                                                               e-mail: lgoodson@twca.org          W. Kula, U.S. Army Corps of Engineers. Robert Mace will be on hand
                                                                                                                                  to explain that the “Drought Ain’t Over ‘til it’s Over”. Developments in
                                                                                                      Dean Robbins                groundwater hydrology and a review of the endangered species act close
                                                                                                                                  out the program.
                                                                                                Assistant General Manager


                                                                 continue to be included,
                                                                                                                                           According to General Manager Leroy Goodson, “We are look-
                                                                                                    drobbins@twca.org             ing forward to hearing from this distinguished group of speakers and to
                                                                                                                                  the fellowship these meetings provide.”




                                                                 sharing important in-
                                                                                                      Opinions expressed in
                                                                                                    Confluence are those of the
                                                                                                    writer and not necessarily
                                                                                                   those of TWCA, its officers,
                                                                                                         directors or staff.
                                                                                                          © 2012, TWCA




                                                                 sight from the Federal
                                                                                                                                      FRASER            SHAW             CALLAHAN            MACE

                                                                                                                                                    1




                                                                 Affairs and Water Law
                New Cyber Image…                                 committees. This edition contains the first in a series
	        There was unanimous agreement that the                  of “Frequently Asked Questions” that will focus on
website needed priority attention, so this was the               items of interest to TWCA members, but perhaps not
first project tackled under the new agreement. Soon              readily accessible. Members can use the “contact us”
a new, easily navigable, esthetically pleasing website           section on the website to submit their questions by
appeared online and, based on the direction provided             selecting “Info” from the pull down menu.
by the Task Force, new sections appeared... including
                                                                                               Continued on page 18
                                                            17
Can you hear me now?                                            FED ERAL D EVELOP M ENTS ...
Continued from page 17                                          Continued from page 14
	       Another critical area identified by participants        Civil Works Transformation. It is important for TWCA
at Committee meetings is the challenge of making                members, particularly those that are local sponsors for
new TWCA members feel comfortable and welcome                   Corps projects, to be familiar with the process. The
                                                                Corps is seeking input, and TWCA should organize
when they attend their first meeting. The concept of
                                                                an effort to provide it. The TWCA Federal Affairs
a new member packet is under review, to include in-             Committee will take up the issue.
formation about the Association and how it operates,            	        The objective of the Civil Work Transformation
so that new members can make intelligent decisions              is deliver the best possible products and services to the
about how they’d like to participate to get the most            Nation by:
from their membership.                                           Modernizing the project planning process (Feasibility
	       The Membership and Services Committee is                Studies – 3 years x $3 million x 3 levels of review AND
                                                                less than 3 binder)
once again pleased to host a Reception for all TWCA
                                                                 Working with the Administration, Congress, and
members on Wednesday October 24, 6-7 pm in the                  our internal team to enhance and refine the budget
Grand Foyer. The event is generously sponsored by               development process through a systems-oriented
Brown  Gay Engineers, Inc. on behalf of the Com-               watershed approach, collaboration, and innovative
mittee.                                                         financing.
	       Please also plan to attend the Committee’s pre-          Evaluating the current and required portfolio of water
sentation -- Can you Hear Me Now? -- during the                 resources projects through a smart infrastructure strategy.
                                                                 Improving methods of delivery to produce and deliver
General Session on Friday morning, 10:30 a.m. We
                                                                critical products and services on schedule.
are interested in hearing from YOU, and how YOU                  Engaging other governmental and non-governmental
think we can continue to improve communication!                partners in working toward National, Regional and
                                                                Local priorities.
                                                                	        How these objectives will translate to local
                                                                projects is not clear, at least at this point.
                                                                         Corps of Engineers Readies for
                                                                              CWA “Field Initiatives”
                                                                	        One of the most important unresolved issues
                                                                is how to define “waters of the US.” You will recall
                                                                that over the past three years, this has been the focus
                                                                of legislation that the Congress was never able to
                                                                agree as well as Administration attempts to develop
                                                                either a Rule or Guidance to resolve the issue. 	
                                                                	        A detailed briefing was presented on the FY13
                                                                Corps proposed budget. A total budget of $ 4.731
                                                                Billion was broken down by business lines, which
                                                                showed that for most major business item related to
                                                                water resources (navigation, flood risk management,
                                                                ecosystem restoration, and hydropower) there was a
                                                                significant decrease in the FY13 proposed budget as
                                                                compared to the FY12 budget or FY12 appropriated
                                                                funds. However, two line items, recreation and
                                                                regulatory, received increased in the FY13 budget:
                                                                recreation and regulatory. There was $9 million increase
                                                                over the FY12 budget ($12 million if compared to the
                                                                FY12 appropriated amount) for “regulatory support.”
                                                                Regulatory support was one item that Congress actually

                                                           18
cut. When questioned about this line item, it turns out                      Business As Usual No Longer Viable
that, in addition to rulemaking and inflation cost, this                         for Managing U.S. Army Corps
increase is “…to implement new field level initiatives                                  Water Infrastructure
for Clean Water Act jurisdictional determination….”                          -- National Research Council Report
We should recognize that the regulatory programs                       	        The Corps of Engineers sponsored a NRC
were imposed on the Corps of Engineers; the                            report on its infrastructure; the draft version is now
budgeting for it is a response to those mandates. 	                    available for public review. According to the NRC
	         It is interesting; however, that while the                   new release, “The U.S. Army Corps of Engineers
Administration has not announced how it would                          faces an ‘unsustainable situation’ in maintaining
approach the “waters of the US” issue in a second term,                its national water projects at acceptable levels of
it has requested funding to support increased regulatory               performance.” The report is available online:http://
outreach in connection with the issuing of Guidance.                   www.nap.edu/catalog.php?record_id=13508
TWCA through its Federal Affairs Committee will need                   	        The report suggests expanding revenues and
to understand what “new field level initiatives” are                   strengthening partnerships among the private and public
being considered in the FY13 budget.	                                  sectors as options to manage the Corps’ aging water
	         In the past, the TWCA and its Federal Affairs                infrastructure, which includes levees and dams. 	
expressed a preference for working through a rule                      	        However, the NRC may be short on water
making process on this issue with its transparency and                 resources planners and managers, its Committee chair
stakeholder involvement. But the issuing of Guidance                   remarked, “The country’s water resources infrastructure
which has been developed almost completely out of                      is largely built-out, and there are limited sites to construct
the public view but still has the force of a Rule would                new projects.” Obviously, the chairman was not familiar
be very different scenario.                                            with the Texas Water Plan! Steve Stockton also disagreed
         Senate Interior and Environment                               with this statement, “We tried to make it clear that while
   Appropriations Bill -- Omnibus Funding                              many of the major river systems have been developed,
	         In late September, the Senate issued the FY                  there is a huge backlog of unmet water resource needs.
2013 Interior and Environmental, the only remaining                    As the Nation grows, this backlog will continue to increase
spending bill to be released. The House has completed                  unless we develop a sustainable strategy.”
all its appropriation bills and cleared six through the full                          Texas Water Day 2013
House; the full Senate has yet to take up any individual               	        Planning is underway for Texas Water Day 2013
spending bill. With all twelve appropriations bills in both            is set for February 6-7, 2013. Mark your calendars and
houses, the effort to resolve issues between the House                 consider helping us put the final plans together by joining
and Senate versions can begin and perhaps lead to an                   the Texas Water Day Steering Committee. 
omnibus spending bill for consideration in the Lame
Duck. However, although preserving any mark-up
arrangements omnibus spending bills are complex to
put together, the spending levels may be too high for
conservatives, and the White House may consider
waiting for the new Congress to potentially improve
chances for funding the White House priorities.	
	         President Obama did sign a six month stop-
gap funding measure (H J Res 117) to extend funding
through March 27th. Considering that the lame duck will
face debates on the Bush tax cuts and how to deal with
sequestration cuts, a year-long Continuing Resolution
may result from all this, with the funding levels tied to those
established in the Budget Control Act of 2011. 	                                                      Tom Ray
	         In that Senate Interior Appropriations bill, EPA                                    of Lockwood, Andrews 
would receive $ 8.5 billion or about $100 million more                                      Newnam, has followed national
than the current spending level. That increase will be a                                     water issues for more than 20
problem for House appropriators. The House bill cut                                          years. He can be reached at
EPA funding by 17 percent, citing criticisms of over-                                            j-tray@lan-inc.com.
regulation by the agency. 	
                                                                  19
TWCA WELCOMES
      NEW MEMBERS

           City of
      College Station
          Contact:
          David M.
        Coleman,P.E.
     College Station, TX

     Water Quest, Inc.
     Contact: Wendy
      Gordon, Ph.D.
       Odessa, TX

         Offices of
     Marc A. Rodriguez
         Contact:
     Marc A. Rodriguez
        Austin, TX

       Fayette County
        Groundwater
        Conservation
          District
          Contact:

      David VanDresar
       LaGrange, TX

        EDITORIAL
        SERVICES...




        Barbara Payne
          281-893-2099
     barbara@paynecom.com

20

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Texas Water Conservation Association October 2012

  • 1. OCTOBER 2012 TWCA Fall Meeting Returns to San Antonio The city famous for its Spanish missions, the Alamo, the River Walk, SeaWorld, Six Flags Fiesta Texas, and the San Antonio Spurs, is visited by approximately 26 million tourists per year. In October, the Crowne Plaza Texas Water Riverwalk Hotel will welcome TWCA members for the Association’s Fall Conservation Association Meeting. As usual, the agenda is packed with interesting and informative 221 E. 9th Street, Ste. 206 presentations and there will be ample time for catching up with attendees Austin, Texas 78701-2510 from around the state. 512-472-7216 Golfers tee off at noon on Wednesday for the 5th Annual Fall Fax: 512-472-0537 Classic Golf Tournament at The Quarry Golf Club, with an 11:30 check http://www.twca.org in for the 4 person scramble. A free Risk Management Seminar will start at 1 pm (see website for additional details). Wednesday evening, plan to Officers attend the Membership and Services Committee Reception, hosted by Luana Buckner, Brown & Gay Engineers, Inc. from 6-7 pm in the Grand Foyer. President Thursday morning, the TWCA Panels and Committees will convene in various locations between 9 and 11:30 a.m. Several of the Panels will Phillip J. Ford, feature special guest speakers with presentations on critical topics, so be President-Elect sure to check the program agenda for current location information. The TWCA Board of Directors Meeting will be held at 10:30 a.m. in Texas James M. Parks, Ballroom B on the second floor. Immediate Past President The Thursday afternoon General Session kicks off at 1 p.m. Highlights include Texas Land Commissioner Jerry Patterson, State Association Staff Senator Robert Duncan, and Zack Covar, the Executive Director Leroy Goodson of the Texas Commission on Environmental Quality. The afternoon session General Manager will include important presentations on water conservation, identity theft, e-mail: lgoodson@twca.org and restoration of the San Antonio River. State Representative Brandon Creighton will address the attendees at the Thursday Dean Robbins evening reception. Continued on page 4 Assistant General Manager drobbins@twca.org Opinions expressed in Confluence are those of the writer and not necessarily those of TWCA, its officers, directors or staff. © 2012, TWCA Covar Duncan Patterson Creighton 1
  • 2. President’s Message… Texas Needs Bold Leaders Now is the time for to fund water projects. He told the viewers to bold leadership in Texas. hold their elected officials accountable – not Our vision must be bold by pledging against raising taxes – but by enough to withstand do the right thing for the needs of the state. Luana Buckner the temptations of our Representative Larson is currently touring political motivations. And our actions must the state visiting groundwater districts, river match our vision. As Texans lean further to the authorities and other water providers to gain political “right”, we risk losing sight of our core firsthand knowledge of what these agencies are needs as a state. In so doing we put the well doing and to learn more about water needs. being of our economy, our natural resources Senator Jeff Wentworth made a similar and our future in jeopardy. We can not continue bold statement recently saying what an important to ignore the needs that are fundamental to and critical issue water is and the need for funding our continued sustainability as a society. We it. must find a way to fund education, repair and Representative Harvey Hilderbran is build our infrastructure and more importantly, calling for wide spread reforms to our property secure and ensure certainty in our WATER. tax system. Reforms that could lead to increased If our political culture as voters insists on no revenues, according to the Center for Fiscal Policy new funding options for programs and projects at the Texas Public Policy Foundation. that are critical to our viability as a place to live, Land Commissioner Jerry Patterson has learn and work, how can we expect to move a bold vision for water projects on the state’s forward and continue the growth our state has lands. Although still in a preliminary feasibility enjoyed over the past few years. How are we phase, the project sounds promising. going to continue to grow our economy if we do As local and regional water leaders not have adequate schools, transportation and representing all areas of state, we as members water to sustain that growth? Perhaps our state of Texas Water Conservation Association would be better served if we as voters took a more should continue to encourage these types reasonable approach that in today’s political of bold ideas and bold leadership. We can climate requires our leaders to be bold. and should do more to educate the decision Bold as in the step Chairman Allen Ritter makers and the voters. And, we should not took last session to introduce legislation proposing be hindered by the constraints and prejudices a constitutional amendment to establish a tap fee of partisan politics that threaten to stymie our on water connections to assist the Texas Water progress as a proud and productive state. Development Board in the funding of certain If my comments today seem bold, then projects included in the state water plan. I’ve accomplished what I set out to do – set the There are also a few more bold members table for some truly bold discussion and debate. of the legislature emerging. State Representative Lyle Larson was on a San Antonio televised talk show just weeks ago calling for the need 2
  • 3. Pesticide General Permit: All Pain, No Gain by Senator James M. Inhofe* Despite our efforts, as of October 31, 2011 pesticide applications to, over or near Waters of the United States require a Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) as a Pesticide General Permit (PGP). This new rule inaugurates an onerous duplicative permitting process: previously pesticides were adequately regulated solely under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) – and for over 30 years, EPA did not require permits for pesticide application (1) if pesticides are applied directly to water to control pests such as mosquito larvae and aquatic weeds; and (2) if pesticides are applied to control pests that are present over or near water. Now compliance will no longer mean simply following instructions on a pesticide label. Pesticide users – including farmers, ranchers, forest managers, scientists and individuals from state agencies, city and county municipalities, mosquito control districts, and water districts – will have to navigate an expensive and complex process of identifying the relevant permit, file a valid notice of intent to comply with the permit with the regulatory authority, and obtain a familiarity with all of the permit’s conditions and restrictions. As for the financial burden, EPA estimates the paperwork alone will cost $50 million annually; however, state estimates show the financial burden to be several magnitudes greater. Further, EPA estimates that this permit will impact 365,000 entities -- virtually doubling the number of entities currently subject to NPDES permitting and covering 5.6 million pesticide applications each year. The PGP will touch 45 permitting authorities and require one million hours to implement. Unfortunately, under this new rule, it is possible for environmental activists to sue pesticide users under the Clean Water Act, an avenue that was not available under FIFRA – and big green groups make no secret of their intention to continue their citizen suits until all pesticide applications are permitted if there is even a slight chance that the pesticide could come in contact with any “water,” either flowing water or seasonal drainage ditches that could be a conveyance to a water of the US. Continued on page 5 * Reprinted with prermission from the March 2012 issure of Irrigation Leader magazine. 3
  • 4. San Antonio... The General Session reconvenes on Friday morning at 8:15 a.m. and includes presentations from Continued from page 1 Mike Turco, U.S. Geological Survey, Texas Water Development Board Chairman Billy Bradford, Grigadier General Thomas W. Kula of the U.S. Army Corps of Engineers, and State Climatologist John Nielsen-Gammon. The program will be capped off by a discussion of the new TWCA com- munications efforts on behalf of the Membership and Services Committee, and closing with a Case Law Update from the Water Laws Committee. “Once again, we’ve put together an outstand- Kula Nielsen-Gammon ing program for our members,” said Leroy Goodson, TWCA General Manager. “We all look forward to these opportunities to get together to talk about the important water issues, exchange ideas, and to the fel- lowship, as well. We will be heading into a Legislative Session and that always brings an added emphasis to our discussions.”  From the June Conference... Always delighted to have our Legislators join us and participate in TWCA meetings... Turco Bradford Representative Bill Callegari (top center) with Leroy Goodson and Dean Robbins (right). Sen. Troy Fraser (below center), Chairman, Senate Committee on Natural Resouces. 4
  • 5. Pesticide General Permit Although this duplicative permitting process is now in effect, we have not given up the fight to Continued from page 3 stop it. On March 2, 2011, H.R. 872, the Reducing The results of this could be dire for pesticide Regulatory Burdens Act of 2011 – a bill that would users: applicators not in compliance will face clarify that pesticide application used in compliance fines of up to $37,500 per day per violation, not with FIFRA do not need an additional Clean Water including attorney’s fees. Given the fact that a large Act permit – was introduced. It passed overwhelm- number of applicators have never been subject to ingly in the House of Representatives by a vote of NPDES and its permitting process, even a good 292-130 on March 31, 2011, and was passed out of faith effort to be in compliance could fall short. the Senate Agriculture committee by voice vote on Moreover, the CWA allows for private actions against June 21, 2011. Unfortunately the bill was stalled in the individuals who may or may not have committed a Senate as environmental activist groups managed to violation. Thus, while EPA may exercise its judgment get enough members of the Senate on their side. and refrain from prosecuting certain applicators, From global warming to water rules, my they remain vulnerable to citizen suits. priority in my leadership role in the Senate Committee And, as with so many of EPA’s rules, the on Environment and Public Works has always been exorbitant costs and the regulatory burden imposed to stop EPA from implementing regulations that are will have no meaningful environmental benefits. all economic pain for no environmental gain, and Advocates of this duplicative permitting process say the Pesticide General Permit process is very much that it is essential to ensure clean water, but this is a part of that fight. I will continue to work with my simply not the case. NPDES is a permit to discharge. colleagues in the Senate to implement this much- In the case of pesticides, it’s a permit to discharge a needed legislative fix.  substance that is already evaluated by EPA for impacts to water quality. No other permitted discharge subject Proudly serving communities throughout Texas for over 35 years to this unnecessary double regulation by EPA. Governmental Entities have always been our core business. If anything, this process will likely be detrimental Client satisfaction is our top priority. to public health, as the increased likelihood of litigation could lead some to discontinue pesticide use Water Plants altogether. If this happens, control of mosquito and Water Well Rehabilitation other vector borne diseases that regulatory threaten Wastewater Treatment Plants human health will be significantly disrupted by the Lift Stations PGP process; this process could also create barriers to Plant Inspections the control of pests such as the Gypsy Moth and Forest Geographic Information Systems (GIS) Tent Caterpillar, which could result in more cases of Water, Sanitary Sewer & Drainage tree deaths in forests and defoliated landscapes. Sanitary Sewer Rehabilitation My own state of Oklahoma does not have Hydraulics & Hydrology NPDES permitting authority for pesticides, but it Construction Management does not anticipate that requiring NPDES permits Surveying Utility District Consultation for pesticide applications will provide significant Bond Application Reports environmental benefits. The stream segments in Oklahoma with pesticide impairments are mostly due to older, legacy pesticides that EPA has cancelled and/or discontinued. None of these impairments are www.jonescarter.com | 713 777 5337 attributable to pesticides applied directly to waterways, but rather are the result of stormwater runoff. 5
  • 6. Sequestration and the Fiscal Cliff FED ERAL D EVELOP M ENTS The fiscal cliff has three components: the expiration of the Bush tax cuts, the end of the An Historic Lame Duck Alternative Minimum Tax “patch”, and automatic, and Other Issues across-the-board cuts (known as “sequestration; see June 2012 CONFLUENCE, page 14 ) that will cut By Tom Ray, $110 billion per year for the next ten years equally split Lockwood, Andrews & Newnam between defense and non-defense spending. Taking together the impacts are predicted to cause double- The “lame duck” session of the 112th Congress dip inflation in 2013. Nearly all proposals to avoid the will begin on November 13 and likely end just before fiscal cliff involve extending certain parts of the 2010 Christmas. Speaker Boehner in the House and Leader Tax Relief Act or changing the 2011 Budget Control Reid in the Senate will be responsible for determining Act or both, thus making the deficit larger by reducing the priorities of the lame duck, but both recognize the taxes and/or increasing spending. number one issue to be taking the steps necessary to The potential impacts of the draconian auto-cuts prevent the United States from going over a fiscal cliff in defense and non-defense budgets are easily recognized, by a triad of converging fiscal dictates. The upcoming but consider the impacts to individual wage earners of lame duck may be one of the most significant sessions the expiration of the Bush tax cuts. The box shows the in recent history, more so than the December 2010 lame latest report from the nonpartisan Tax Policy Center. duck session passed the extension of the Bush tax cuts for an additional two years. Unfortunately, while “going off the fiscal cliff” may be addressed during the lame duck session in Congress, there is a huge backlog of uncontroversial yet still important legislation that will die with the 112th Congress at the stroke of midnight, December 31st. Budget deficits, projected through 2022. The “CBO Baseline” shows the effects of the fiscal cliff under current law. The “Alternative Scenario” represents what would happen if Congress extends the Bush tax cuts and repeals the Budget Control Act-mandate. 6 Continued on page 14
  • 7. New Lawsuit Against TWDB Highlights Physical and Legal Relationship Between Groundwater and Surface Water by Andrew S. “Drew” Miller It is an accepted canon of water law in Texas As a result of the drilling of wells and the large that surface water and groundwater are regulated scale pumping of groundwater for irrigation on under entirely separate legal regimes. This division nearby property, the springs ceased flowing. The exists despite the fact that – physically speaking – water district which provided water to farmers using ground and surface waters are, in fact, part and parcel the water which had emerged from the springs filed of the same thing, namely, water moving through suit against the groundwater pumper, asking that he various states of the hydrologic cycle. be enjoined from interfering with the normal flow of Comanche Springs and for other relief. The Comanche Springs Case (1954) The court of civil appeals ruled against the The historical separation between the legal District, stating that under the laws of Texas, regimes governing groundwater and surface water, groundwater belongs to the landowner and may and the dissonance that results from the application be used by him at his will. Thus, groundwater of that separation to the physical reality of the contributing to the flow of Comanche Springs connectedness between groundwater and surface belonged to the landowner while it was under his water is perhaps best illustrated through the holding land. The court refused to declare the District’s in Pecos County Water Control and Improvement correlative rights in the groundwater, explaining District No. 1 v. Williams, 271 S.W.2d 503 (Tex. that the District’s rights could only extend to waters Civ. App.–El Paso 1954, writ ref’d n.r.e.). of Comanche Springs after their emergence from Comanche Springs in Pecos County were used the ground. Prior to that time, the landowner could from prehistoric times by the Jumano Indians. They beneficially use any amount of water regardless of were likely visited in 1536 by Cabeza de Vaca and its impact on the springs. later described by Juan de Mendoza in 1684. In 1849, Since the Comanche Springs case was decided, William Whiting of the U.S. Cavalry described them scores of groundwater conservation districts (GCDs) as “a clear gush of water which burst from the plain, have been created in Texas. GCDs have the unperceived until the traveler is immediately upon responsibility and legal authority to manage it . . . abounding in fish and soft-shelled turtles.” In groundwater resources and regulate groundwater 1859, the United States established Camp Stockton, production, and manage and conserve groundwater and used the spring water as its supply. From 1875 resources. on, the springs formed the basis of an irrigation district that watered thousands of acres of cropland. Environmental Stewardship v. By the 1930s, Comanche Springs became a regional Texas Water Development Board (2012) attraction, enjoyed by local residents, visitors and Almost 60 years after the Comanche Springs tourists. A bathhouse, swimming pool and pavilion case, the acknowledged division between the legal were constructed there in 1938. regimes governing surface water and groundwater, 7 Continued on page 8
  • 8. New Lawsuit Against TWDB... were adopted by the GMA for the various aquifers in each of the groundwater conservation districts’ Continued from page 7 jurisdictions. Environmental Stewardship alleges that and potential connections between the two, have groundwater pumping resulting from the adopted been brought to the fore as a result of a lawsuit DFCs would “unreasonably threaten the groundwater- by Environmental Stewardship, a non-profit surface water relationship between the Colorado and corporation, against the Texas Water Development Brazos Rivers and the underlying aquifers governed Board (“TWDB”) regarding TWDB’s treatment of an by the DFCs.” Environmental Stewardship also appeal of Desired Future Conditions (DFCs) adopted asserts that such groundwater pumping would harm by Groundwater Management Area 12 (“GMA-12”). terrestrial and surface water resources dependent Environmental Stewardship filed its lawsuit in on outflow from the aquifers into the Colorado and July 2012, in state district court in Travis County. Brazos Rivers. Following a hearing held on February Environmental Stewardship alleges that it and its 29, 2012, in Milano, Texas, which included the members own property in Bastrop County, within presentation of evidence, and upon the consideration GMA-12. GMA-12 covers all or portions of 14 counties of the recommendation of TWDB’s staff, the TWDB in central and east Texas including Bastrop County, denied Environmental Stewardship’s petition. The and includes all or portions of the jurisdiction of five staff recommendation stated in summary that while GCDs, including the Lost Pines GCD. The goals of some of Environmental Stewardship’s criticisms Environmental Stewardship include the protection, regarding the alleged failure of the GCDs to follow conservation, restoration and enhancement of the proper procedures, inappropriate methodology ecological functions of the Colorado River and the including modeling assumptions, and the failure Brazos River and the groundwater and watersheds of the GCDs to adopt evidence presented during associated with those streams. Environmental GMA meetings, may be valid, none of them Stewardship says that its members include: a well warrants a determination that the adopted DFCs are owner who relies on groundwater for domestic unreasonable. and livestock use; a holder of permits allowing the In its lawsuit, Environmental Stewardship withdrawal of surface water from the Brazos river for now claims that TWDB acted contrary to its own irrigation use; and the owners of a ranch that includes rules by determining that the GMA-12 DFCs were two groundwater wells and several seeps and springs. reasonable without considering the impacts of the Environmental Stewardship’s members are DFCs on surface water and on surface water rights. concerned that the pumping of groundwater that will Environmental Stewardship relies on a TWDB rule be allowed under the adopted DFCs will negatively which states that “[t]he board shall consider the impact their access to their water and water rights. following criteria when determining whether a desired For example, the ranch owners are concerned that future condition is reasonable…(3) the environmental increased pumping of groundwater will result in the impacts including, but not limited to, impacts to spring permanent drying of the springs on their property flow or other interaction between groundwater and and may jeopardize the continued operation of their surface water;… [and] (5) the impact on private ranch. property rights…” 31 Tex. Admin. Code § 356.45(c). At issue is the TWDBs review, in 2011, of Environmental Stewardship argues that TWDB is DFCs adopted by GMA-12 for the Sparta, Queen required to consider impacts to spring flow, surface City, Carrizo-Wilcox, Calvert Bluff, Simsboro, water, and surface water rights but failed to do so. Hooper, Yegua-Jackson, and Brazos River Alluvium The Office of the Attorney General has filed aquifers, in response to a petition that was filed a general denial on behalf of TWDB – meaning by Environmental Stewardship appealing those that it has denied Environmental Stewardship’s DFCs. The GMA-12 DFCs are expressed as an claims – but has not yet responded substantively. average aquifer drawdown in feet, measured from It is likely that TWDB will seek to have the case January 2000 to December 2059. Different DFCs dismissed on the grounds that the decision by TWDB 8
  • 9. on an appeal of a DFC is not a final agency action interactions between groundwater and surface capable of judicial review because it is ultimately not water;” before voting on the DFCs (Tex. Water Code binding on the GCDs. (The 2011 Legislation has § 36.108(d)(4)); changed the law so that individual GCDs are now  GCDs’ management plans must include estimates required to adopt relevant DFCs.) A similar request of the annual volume of water that discharges from for dismissal was granted by the district court in each aquifer to springs and any surface water bodies another lawsuit in which Mesa Water had appealed (Tex. Water Code Ann. § 36.1071(e)(3)(D)); 31 Tex. the determination of TWDB that the DFCs adopted Admin. Code § 356.5(a)(5)(D)); and for GMA 1 were reasonable, a case that was later  The Edwards Aquifer Authority Act expressly voluntarily dismissed. It is likely that Environmental recognizes “the extent of the hydro-geologic Stewardship will argue that its lawsuit is different from connection and interaction between surface water Mesa Water’s such that the courts have jurisdiction and groundwater” (EAA Act § 1.14(a)(5)), and a over Environmental Stewardship’s claims. However, central purpose of that legislation is to protect and even if Environmental Stewardship’s lawsuit is maintain springflows at San Marcos and Comal ultimately successful, the appropriate remedy may Springs (EAA Act § 1.14(a), (h)). be for TWDB to go back and consider impacts to spring flow, surface water, and surface water rights, Conclusion in determining the reasonableness of the GMA-12 Although a divide between the legal regimes DFCs, and that upon doing so, TWDB will again governing groundwater and surface water remains, determine that those DFCs are reasonable. the enactment of statutes including those governing groundwater districts, and the adoption of rules by Connections between groundwater agencies since the Comanche Springs, case have and surface water under existing law established connections and some overlap between Current law is not devoid of connections between those regimes. It remains to be seen whether and how groundwater and surface water. Environmental the Texas Legislature will add to those connections Stewardship’s lawsuit relies on the fact that under its and how the courts will apply and interpret those current rules, TWDB is to consider impacts to spring connections in situations such as the Environmental flow, and other interactions between groundwater Stewardship case. and surface water, when determining whether a DFC is reasonable. Some of the other connections between groundwater and surface water under existing law Drew Miller is the 2012- are listed below: 2013 TWCA Water Laws  GCDs are required to consider – prior to granting Committee Chair and a or denying a permit – whether the proposed use of partner at the Austin office water unreasonably affects existing surface water of Kemp Smith LLP where resources or existing permit holders prior to granting he serves as the chair of or denying a permit (Tex. Water Code § 36.113(d) his firm’s Environmental, (2)); Administrative and Public  Likewise, the Texas Commission on Environmental Law Department. Drew represents public and Quality is required to consider the effects, if any, on private entity clients across Texas in the areas groundwater or groundwater recharge, in considering of water and environmental law, specializing an application for a permit to store, take, or divert in groundwater regulation and issues involving surface water (Tex. Water Code § 11.151); contaminated property. If you would like  TWDB rules may it clear that DFCs may be based additional information or have questions related on spring flows (31 Tex. Admin. Code § 356.2(8); to this article or other matters, please contact Drew  GCDs are required to consider “environmental at 512-320-5466 or dmiller@kempsmith.com. impacts, including impacts on spring flow and other 9
  • 10. Water Conservation on the Golf Course... Horseshoe Bay Resort Sets an Excellent Example For those among us who scoff at the practice only 14% of golf courses utilize water from municipal of using large quantities of potable water in dry systems. And golf courses account for only 0.5% of climes or during droughts to irrigate broad sweeps all water use annually and just 1½% of all irrigated of well-manicured links, scoff no more. Golf course water applied. Recycled water is used by 12% of golf superintendents across America are among the best – facilities, a number that small only because such use is if not the best – conservationists out there in this time limited by the availability of effluent water and by the of looming water shortages. If you don’t believe me, lack of water-provider infrastructure to deliver it. take it from former Georgia Governor Sonny Perdue Smart golf course superintendents utilize many who, in 2007 during Georgia’s most severe drought in methods to conserve water. They hand water critical decades, applauded only one group of professionals areas, use wetting agents to deal with localized turfgrass for their expertise in water management… dry spots, and these days, keep turf drier than in times And why wouldn’t golf course managers past to name just a few. Customers seldom complain respect this most precious of all natural resources? about the latter practice. Golfers abhor spongy After all, it’s the life blood of an almost $80 billion a year fairways and delight in the added distance firm, dry industry. If not sourced and utilized properly, a poorly fairways provide…but that’s another topic. managed water supply can be the death knell to what Research provides key information... is first and foremost a viable commercial activity, and The careful study of turf grass and soil second, frequently the most beautiful, environmentally conditions is an important tool for golf course sound, recreational asset in a community. superintendents in determining when to apply But why should we use precious potable water water. And the use of evapotranspiration data – to maintain golf courses green for the enjoyment of a minimizing the return of moisture to the air through tiny portion of our local populace? In fact, very much evaporation from the soil and transpiration by potable water for such purposes. According to the plants – is an increasingly sophisticated practice. Golf Course Superintendents Association of America Already schooled in water conservation (GCSAA), a leading golf organization since 1926, practices, groundskeepers’ receptiveness for and 10
  • 11. utilization of advanced water-use techniques can only 170 or so private benefit golf facilities and the golf industry. Progress clubs, and as the continues to be made in a number of areas, including: recent director of golf 1. The use of improved soil sensors to make better- course maintenance informed irrigation scheduling decisions. Depending on at Austin’s Barton soil type, slope and other environmental characteristics, Creek Club & Resort, some areas of the typical golf course simply need less Gorzycki arrived in frequent, less intensive watering than others. Horseshoe Bay well- 2. Because the supply of and demand for qualified to do the water is a matter unique to a given locality, the job. He came as a commitment of time by course managers to work certified golf course collaboratively with the body politic of the community superintendent is important in the development and improvement (CGCS by GCSAA) with an impressive list of of public policy related to such issues. memberships including the United States Golf 3. And an important aspect of 2. above, is that golf Association, Texas Turf Grass Association, United courses represent a potential long-term demand for States Golf Association Green Section Committee local water treatment facilities. Municipal effluents and the Lone Star Golf Course Superintendents must be treated and the resultant output needs a home. Association. Ken is a proud Texas Aggie with a One obvious destination, given the development of Bachelor of Science degree in Agronomy. an existing infrastructure, is the local golf course. In short, golf course managers should strive to optimize the use of reclaimed water, assuming that the available supply, water quality and costs are sustainable. 4. Proper management of turfgrass, which is an effective biological filter to further treat water, is vital. Across the country, golf courses irrigate approximately 80% of the turfgrass acreage they maintain. In the country’s west and southwest regions, where water is even more precious, course managers, generally speaking, irrigate only the turfgrass that comes into play. It follows that irrigation systems should be properly zoned to allow for such precise application. In June, TWCA members had the enviable experience of playing golf on the beautiful and immaculate golf courses at Horseshoe Bay. Those courses are neat as a new pin for a reason. In January, 2009, Texas’ original lakeside resort, Horseshoe Bay, appointed Kenneth Gorzycki, CGCS as its Director of Agronomy to manage the conditions of it three Robert Trent Jones, Sr. golf courses: Apple Rock, Ram Rock and Slick Rock; Whitewater, an 18-hole Burmuda grass putting course; and Summit Rock, a then developing Jack Nicklaus Signature Course, which opened in October, 2011. After 30 years with Dallas-based ClubCorp, an owner or operator of 11 Continued on page 12
  • 12. Ram Rock Course you that.” With conviction, Ken went on to say, “Golf Course Superintendents are the best irrigators in the country today. They have to be. In the first place, it’s their job to keep the golf course in good condition. Secondly, irrigation is too expensive not to be done with deference to conservation. People can learn a great deal about water conservation by talking with experienced golf course superintendents.” Asked how his operation is dealing with the current drought in Central Texas, Ken said, “Prior “In addition to its natural beauty, the planning and good luck is part of the formula. The Horseshoe Bay community is blessed with another effluent water provided by the city treatment plant is important commodity…water,” Ken noted in an a Godsend. It provides us most of the water needed interview. “A primary water source for the resort golf to sustain good greens and tee areas. We minimize courses is the City of Horseshoe Bay waste water water usage on the periphery and in the rough, but treatment plant, which has a capacity of 800,000 even with cutbacks, things have…knock on wood… gpd.” turned out better than we had reason to expect in According to Gorzycki, the treatment plant’s light of the drought’s severity.” output currently averages around 500,000 gpd. The Ken is committed to sharing his Best plant has two on-site, 50 acre feet storage ponds. This Management Practices (BMPs) with other golf and stored effluent water is pumped through a continuous irrigation practitioners. He’s currently working with backwash, filtered and pressurized to irrigate the golf a Texas Water Development Board committee courses in Horseshoe Bay West. is 100% recycled, to revise Golf Course Irrigation BMPs. Ken also mostly on the Horseshoe Bay golf courses. None serves on the Lower Colorado River Authority’s is returned to the city’s source of water, Lake LBJ. Water Management Plan Advisory Committee and Because Horseshoe Bay does not have a discharge chairs the Water Conservation Incentives Review permit, it delivers the water to the golf courses at no Committee. charge. Asked to detail some of his Best Management “We must use it or store it. It can’t be dumped,” Practices for water conservation, Ken replied, “There’s Ken explained. “On those occasions when we have nothing unique about my list. It’s mostly common too much supply coming from the treatment plant – sense. With regard to the natural environment, I and the storage ponds are full – the water is delivered would suggest starting with the selection of low-water- to nearby hay fields. Generally speaking, however, use turfgrasses – new grasses are constantly being we could use more water, particularly during the heat developed – groundcovers, shrubs and trees. Be sure of summer.” to use mulches in shrub and flower beds to reduce Ken, who is in his fourth year at Horseshoe water evaporation. And provide adequate levels of Bay, has a strong water conservation philosophy. nutrients to the turf.” “It’s simply the right thing to do, particularly in a “From a turf maintenance perspective, I would dry climate like Central Texas,” he said. “Water suggest mowing heights that fit the given species of conservation is critical to the operation of golf courses turfgrass and for its seasonal water-use characteristics. today. It makes business sense and it makes course To improve water infiltration and minimize water management sense.” Underscoring an earlier point, runoff during rains or irrigation, I employ soil and Gorzycki maintained that the best course condition turfgrass cultivation techniques such as verticutting, is firm and dry. “Our members will be the first to tell spiking, slicing and aerification. It’s also important 12
  • 13. to locate trouble spots and improve drainage as Gorzycki mentioned just a few environmental needed to produce healthier turf and improve root considerations. He stressed that during golf course systems. Where possible, cart traffic should be limited design and maintenance, the preservation and/or to hardened paths. This minimizes turf wear and creation of both wildlife and plant species habitats soil compaction. And it makes sense to root-prune should be carefully considered. Regarding wildlife, trees in critical turf areas to minimize competition for food, water, “unmaintained” cover and animal range moisture and nutrients. Lastly, I would suggest that should be considered. And native and/or naturalized groundskeepers stay current on the latest irrigation vegetation, to the extent possible, should be retained technology, and when using it, to cycle their irrigation or replanted in areas not in play. sessions to ensure proper infiltration and to minimize “It is important to respect the uniqueness of runoff.” the existing ecosystem(s) into which the course has “It’s important that golf course superintendents been or will be integrated,” he said. “And water reuse be good stewards of the environment,” Ken strategies are crucial, with emphasis on irrigation, continued. “I think all superintendents should drainage and retention systems that provide for the consider creating an . One that lists what they are efficient use of effluent water and the protection of , but that also lists what they …perhaps a digitized/ water quality. Regarding the latter, proper day-to- web-based template – a checklist, if you will – to be day fertilizer and chemical use and safety (i.e., the used to perform regularly scheduled environmental safe storage, application and handling) is extremely audits. This self-imposed “report card” could then important.” be used to consider the options available to improve “The catalog of golf course environmental efficiency.” considerations is long,” Ken said in summary. “That’s why an environmental resume or routinely monitored check list is so important. Every superintendent should develop one.” Asked why he gets involved in so many extracurricular conservation activities, Gorzycki replied, “It’s important that the experienced people in golf course maintenance share their BMPs with the newcomers among us so that they, too, can initiate proven-to-work practices. And despite 35 years of experience, I continue to learn from my interaction with others. Besides, it’s the right thing to do. My philosophy, to the extent that I can, is to do well by doing good.”  MARK YOUR CALENDARS... TWCA FALL MEETING October 24-26, 2012 The Crowne Plaza Riverwalk Hotel San Antonio, TX 13
  • 14. FED ERAL D EVELOP M ENTS ... issues such as the sequester, tax policy, and a host of other unfinished business will likely keep the Congress Continued from page 6 in session until right before Christmas, perhaps even Some Hope from Bipartisan Talks Christmas Eve. If you look at your calendars, Charismas At least in the Senate there are bipartisan Eve is on a Monday. Our personal bet is that if the talks expected during the current recess on potential Congress is still going on Friday, December 21, that we comprises to deal with the fiscal cliff. A group of eight will see a “Christmas miracle” a Congress will somehow Senators (known as the “Gang of Eight”) is taking manage to complete its work on the weekend of seriously about tax and spending issues and means December 22-23 and still make it home for Christmas. to resolve the dilemma. Another group of Senators, headed by Armed Services Chairman Carl Levin, D-Mich., and John McCain, R-Ariz., have petitioned Senate leadership to “…help forge a balanced bipartisan deficit reduction package to avoid damage to our nation security, important domestic priorities and the nation’s economy.” According to CQ Today, House Republicans, for their part, say they have no plans to talk with Democrats about budget issues before the November elections. Spending as Usual Anticipated for Federal Agencies With all this up in the air right now, apparently the Office of Management and Budget has some confidence that the issues will be avoided. In a routine New Chief’s Remarks memo issued by the OMB each September to provide The Corps’ leadership made a series of excellent direction to federal agencies on how to operate under presentations at the recent National Waterways continuing resolutions, the agencies were told to Conference meeting. The newly appointed Chief of continue normal spending and operations. However, Engineers LTG Thomas Bostick was the keynote. OMB did recognize the threatened sequester, telling Giving an overview of the USACE focus for the future, agencies “…to ignore it, for now. If necessary, the Chief Bostick cited military preparedness and the Civil bulletin will be amended to address that sequestration.” Works transformation as critical needs. He recognized In or Out of Session and For How Long? that the nation’s water resources infrastructure has If you wanted to be involved with a successful exceeded its design life and will require more extensive wager, you might offer to bet people on whether maintenance and rehabilitation in the future. “The Congress is in recess right now. Many would probably Corps will have to prioritize projects and programs respond, “They are in recess and won’t go back until with rigorous analysis to ensure the greatest value for November 13th for the lame duck.” And you would win the taxpayer funds.” your bet. The fact is that both the House and the Senate Certainly the aging civil works infrastructure are in session several times a week. At least technically. is one of those challenges. Important to TWCA, the For example, a Senate session earlier this week lasted Chief noted that as dams have aged and downstream 13 seconds before adjournment was announced. Pretty development has increased, the number of deficient hard to do much floor business in such a time span. dams has risen to more than 4,000, including 1,819 But other than the current “pro-forma” sessions, high hazard potential dams. Over the past six years, Congress won’t really be back until November 13, for every deficient, high hazard potential dam repaired, which is the start of the “lame duck.” We have been nearly two more were declared deficient. There are told that the opening act of the lame duck will begin more than 85,000 dams in the U.S., and the average with about a week’s worth of work. Then adjournment age is just over 51 years old. for Thanksgiving. And then back into session the last Civil Works Focus: week of November. Transform Civil Works There will be an attempt to wrap things up by With respect to the Civil Works, Chief Bostick provided mid-December. But we have been told that huge the overview and Steve Stockton the specifics of the Continued on page 18 14
  • 15. Leroy Goodson to Receive TWCA’s Confluence Newsletter gratefully acknowledges the TGWA’s Life Member Award 2012 Sponsors who make Texas Ground Water this communication among Association Executive Secretary Leroy Goodson will receive members possible... a Life Member Award from PLATINUM the National Ground Water Association for special service in AECOM the furtherance of the ground- Angelina & Neches River Authority Freese and Nichols, Inc. water industry and NGWA. Lloyd Gosselink Rochelle & Townsend, P. C. The award will be presented North Texas Municipal Water District in Decem ber at the NGWA Gr ou n dwa ter SAIC Energy, Environment & Infrastructure LLC Expo and Annual Meeting in Las Vegas. San Antonio River Authority Goodson has been executive secretary Tarrant Regional Water District his entire 31 years at the TGWA. During that GOLD time, TGWA’s membership has grown from 400 members to about 1,600 members. Brazoria Drainage District No. 4 “Leroy was instrumental in the development Brown & Gay Engineers, Inc. of continuing education for the licensees in the Chambers-Liberty Counties Navigation District Colorado River Municipal Water District groundwater industry and has a true love for those Guadalupe-Blanco River Authority involved in this profession,” said TGWA President Gulf Coast Waste Disposal Authority Jason Cadwallader, Goodson’s nominator, noting Harlingen Irrigation District Cameron County #1 that the nomination was supported unanimously by Jefferson County Drainage District #6 the TGWA Board of Directors.  Lavaca-Navidad River Authority Lower Neches Valley Authority North Harris County Regional Water Authority Northeast Texas Municipal Water District Sabine River Authority of Texas San Jacinto River Authority Titus County Fresh Water Supply District #1 TWCA Risk Management Fund Upper Neches River Municipal Water Authority SILVER Barton Springs/Edwards Aquifer Conservation District Cameron County Drainage District #1 Canadian River Municipal Water Authority Evergreen Underground Water Conservation District Franklin County Water District J. Stowe & Co., LLC K. Friese & Associates, Inc. BRONZE Bell Engineers and Consulting, Inc. Brazoria County Groundwater Conservation District John E. Burke & Associates LLC Kimley-Horn and Associates, Inc. Klotz Associates, Inc. Plum Creek Conservation District Texas Water Foundation, Inc. 15
  • 16. New Outreach for TWCA By David Harkins, Ph.D., P.E., D.WRE, Vice President - RPS Espey We’ve come a very long way from the Paleo-Indians who inhabited Texas thousands of years ago. In fact, it would be a stretch to draw many comparisons between such diverse inhabitants then and now... with the possible exception of love of family and respect for the environment. We’ve evolved from using smoke signals to internet blasts and social media in less than ten thousand years! Yet the challenge remains the same -- exchanging information, ideas, and news in a timely (and actionable) manner. This was the assignment tackled by a Membership Panel task force in 2010 when they began envision- ing the kind of communications efforts appropriate for the top membership water organization in the State. The group included Tom Michel, Deputy General Manager, Harris-Galveston Subsidence District; David Harkins, Ph.D., P.E., D.WRE, Vice President - RPS a: he imparting or exchanging of information t Espey; and chaired by Jason Hill, Lloyd Gosselink or news Rochelle Townsend, P.C. b: he successful conveying or sharing of ideas t According to Tom Michel, “As water issues and feelings continued to intensify globally – and with a Texas c: ersonnel engaged in transmitting or p exchanging information Legislative Session on the horizon -- the Association’s d: technique for expressing ideas effectively a challenge to provide timely and pertinent information (as in speech) had escalated correspondingly. In today’s fast-paced, e: all of the above. 24/7, high-tech information arena,” Michel continued, “we are inundated by sophisticated and instantaneous communication strategies, each competing for our You’re invited! Please make plans to attend our Communications Themed Reception, sponsored on behalf of the Membership and Services Committee by Brown Gay Engineers, Inc. -- 6 - 7 p.m. in the Grand Foyer, Wednesday, October 24th. 16
  • 17. attention. We decided it was time to elevate the TW- Facebook and Twitter. An important feature on the CA’s ability to reach its various publics efficiently and new site is the ability to sign up for periodic electronic cost-effectively, utilizing a bolder outreach approach. messages on key topics. Other conveniences -- like The Task Force determined that soliciting professional the ability to register online for conferences and meet- communications assistance was appropriate, so we ings -- are progressing, with the first level of this being developed and distributed a Request For Proposal available for the October 2012 meeting. As with all (RFP).” new things, the interactive components will take some The language in the RFP was specific in time to tweak. outlining what skills the Task Force had concluded The Association’s Facebook section (ac- were necessary for a candidate to possess, including: cessible from the home page) is becoming more a working knowledge of historic and contemporary popular and as its use grows, new information will water issues; superior writing and design skills; and be introduced. Same is true for Twitter. Social media the ability to employ a creative approach to develop- programs tend to peak and lag, so the objective is to ing a critical outreach program. be flexible and able to maximize the programs that Ten firms submitted proposals and, after a appear to resonate with members. series of individual interviews, the Task Force se- During the Membership and Services Com- lected Barbara Payne, Payne Communications, as mittee meetings at each of the TWCA conferences, the new consultant. She began her assignment at participants have been especially helpful in advanc- the June 2011 Conference in Galveston, and laugh- ing communications strategies and ideas, and this ingly explained that she had been “thrown into the is expected to continue. Since communications is deep end” when at their meeting, the TWCA Board always (or certainly should be) a two-way street, so- recommended taking aggressive outreach action in liciting input and ideas from all interested parties will support of Proposition 2 (Proposed Constitutional be important in order to incorporate key concepts of Amendment for Water Financial Assistance Bonds). interest to the diverse TWCA membership. The same input will be useful in the production of the Associa- tion’s newsletter, as well. CONFLUENCE June 2012 The October 2012 newsletter is the Texas Water Popular Venue Draws A Crowd for TWCA June Meeting in Horseshoe Bay TWCA members will be travelling from all over the state to the third new format edition Conservation Association popular Horseshoe Bay Resort in the Texas Hill Country. There’s a full 221 E. 9th Street, Ste. 206 agenda planned for the event, kicked off by the 6th Annual Jim Adams Austin, Texas 78701-2510 Memorial Golf Tournament on the Ram Rock Course Wednesday after- 512-472-7216 noon, with a 1:00 pm tee off. The TWCA/RMF reception will begin at Fax: 512-472-0537 5:30 pm. (Visit the website--www.twca.org -- for the latest agenda.) of CONFLUENCE, now http://www.twca.org Beginning in the morning on Thursday, the panels will all meet between 9 am and noon, with the General Session kicking off at 1 pm with remarks by the Mayor of Horseshoe Bay, Robert Lambert. Par- Officers ticipants will have the opportunity to hear from the Chairman of the Luana Buckner, Senate Natural Resources Committee, Sen. Troy Fraser; from TCEQ President Chair Bryan Shaw, PhD; and from Melanie Callahan, Executive “reinvented” into digital Administrator, TWDB. Rounding out the session -- prior to the Board of Phillip J. Ford, Directors meeting -- is Carlos Peña, Principal Engineer, United States President-Elect Section of the International Boundary Water Commission. Critical top- ics, such as a national perspective on water issues, water conservation, and the Lake Granbury study, complete the afternoon’s discussions. publishing and distri- James M. Parks, Immediate Past President Back by popular demand is a Reception and Dance, featuring Cactus Country Band that will surely set your toes a’tapping. The festivities begin at 6:30 in Salons ABCD. Association Staff Off to an early start on Friday morning with opening remarks by Leroy Goodson Burnet County Judge, Donna Klaeger. Reuse will be one of the hot bution. Special reports General Manager topics for the morning, along with remarks by Brigadier General Thomas e-mail: lgoodson@twca.org W. Kula, U.S. Army Corps of Engineers. Robert Mace will be on hand to explain that the “Drought Ain’t Over ‘til it’s Over”. Developments in Dean Robbins groundwater hydrology and a review of the endangered species act close out the program. Assistant General Manager continue to be included, According to General Manager Leroy Goodson, “We are look- drobbins@twca.org ing forward to hearing from this distinguished group of speakers and to the fellowship these meetings provide.” sharing important in- Opinions expressed in Confluence are those of the writer and not necessarily those of TWCA, its officers, directors or staff. © 2012, TWCA sight from the Federal FRASER SHAW CALLAHAN MACE 1 Affairs and Water Law New Cyber Image… committees. This edition contains the first in a series There was unanimous agreement that the of “Frequently Asked Questions” that will focus on website needed priority attention, so this was the items of interest to TWCA members, but perhaps not first project tackled under the new agreement. Soon readily accessible. Members can use the “contact us” a new, easily navigable, esthetically pleasing website section on the website to submit their questions by appeared online and, based on the direction provided selecting “Info” from the pull down menu. by the Task Force, new sections appeared... including Continued on page 18 17
  • 18. Can you hear me now? FED ERAL D EVELOP M ENTS ... Continued from page 17 Continued from page 14 Another critical area identified by participants Civil Works Transformation. It is important for TWCA at Committee meetings is the challenge of making members, particularly those that are local sponsors for new TWCA members feel comfortable and welcome Corps projects, to be familiar with the process. The Corps is seeking input, and TWCA should organize when they attend their first meeting. The concept of an effort to provide it. The TWCA Federal Affairs a new member packet is under review, to include in- Committee will take up the issue. formation about the Association and how it operates, The objective of the Civil Work Transformation so that new members can make intelligent decisions is deliver the best possible products and services to the about how they’d like to participate to get the most Nation by: from their membership.  Modernizing the project planning process (Feasibility The Membership and Services Committee is Studies – 3 years x $3 million x 3 levels of review AND less than 3 binder) once again pleased to host a Reception for all TWCA  Working with the Administration, Congress, and members on Wednesday October 24, 6-7 pm in the our internal team to enhance and refine the budget Grand Foyer. The event is generously sponsored by development process through a systems-oriented Brown Gay Engineers, Inc. on behalf of the Com- watershed approach, collaboration, and innovative mittee. financing. Please also plan to attend the Committee’s pre-  Evaluating the current and required portfolio of water sentation -- Can you Hear Me Now? -- during the resources projects through a smart infrastructure strategy.  Improving methods of delivery to produce and deliver General Session on Friday morning, 10:30 a.m. We critical products and services on schedule. are interested in hearing from YOU, and how YOU  Engaging other governmental and non-governmental think we can continue to improve communication!  partners in working toward National, Regional and Local priorities. How these objectives will translate to local projects is not clear, at least at this point. Corps of Engineers Readies for CWA “Field Initiatives” One of the most important unresolved issues is how to define “waters of the US.” You will recall that over the past three years, this has been the focus of legislation that the Congress was never able to agree as well as Administration attempts to develop either a Rule or Guidance to resolve the issue. A detailed briefing was presented on the FY13 Corps proposed budget. A total budget of $ 4.731 Billion was broken down by business lines, which showed that for most major business item related to water resources (navigation, flood risk management, ecosystem restoration, and hydropower) there was a significant decrease in the FY13 proposed budget as compared to the FY12 budget or FY12 appropriated funds. However, two line items, recreation and regulatory, received increased in the FY13 budget: recreation and regulatory. There was $9 million increase over the FY12 budget ($12 million if compared to the FY12 appropriated amount) for “regulatory support.” Regulatory support was one item that Congress actually 18
  • 19. cut. When questioned about this line item, it turns out Business As Usual No Longer Viable that, in addition to rulemaking and inflation cost, this for Managing U.S. Army Corps increase is “…to implement new field level initiatives Water Infrastructure for Clean Water Act jurisdictional determination….” -- National Research Council Report We should recognize that the regulatory programs The Corps of Engineers sponsored a NRC were imposed on the Corps of Engineers; the report on its infrastructure; the draft version is now budgeting for it is a response to those mandates. available for public review. According to the NRC It is interesting; however, that while the new release, “The U.S. Army Corps of Engineers Administration has not announced how it would faces an ‘unsustainable situation’ in maintaining approach the “waters of the US” issue in a second term, its national water projects at acceptable levels of it has requested funding to support increased regulatory performance.” The report is available online:http:// outreach in connection with the issuing of Guidance. www.nap.edu/catalog.php?record_id=13508 TWCA through its Federal Affairs Committee will need The report suggests expanding revenues and to understand what “new field level initiatives” are strengthening partnerships among the private and public being considered in the FY13 budget. sectors as options to manage the Corps’ aging water In the past, the TWCA and its Federal Affairs infrastructure, which includes levees and dams. expressed a preference for working through a rule However, the NRC may be short on water making process on this issue with its transparency and resources planners and managers, its Committee chair stakeholder involvement. But the issuing of Guidance remarked, “The country’s water resources infrastructure which has been developed almost completely out of is largely built-out, and there are limited sites to construct the public view but still has the force of a Rule would new projects.” Obviously, the chairman was not familiar be very different scenario. with the Texas Water Plan! Steve Stockton also disagreed Senate Interior and Environment with this statement, “We tried to make it clear that while Appropriations Bill -- Omnibus Funding many of the major river systems have been developed, In late September, the Senate issued the FY there is a huge backlog of unmet water resource needs. 2013 Interior and Environmental, the only remaining As the Nation grows, this backlog will continue to increase spending bill to be released. The House has completed unless we develop a sustainable strategy.” all its appropriation bills and cleared six through the full Texas Water Day 2013 House; the full Senate has yet to take up any individual Planning is underway for Texas Water Day 2013 spending bill. With all twelve appropriations bills in both is set for February 6-7, 2013. Mark your calendars and houses, the effort to resolve issues between the House consider helping us put the final plans together by joining and Senate versions can begin and perhaps lead to an the Texas Water Day Steering Committee.  omnibus spending bill for consideration in the Lame Duck. However, although preserving any mark-up arrangements omnibus spending bills are complex to put together, the spending levels may be too high for conservatives, and the White House may consider waiting for the new Congress to potentially improve chances for funding the White House priorities. President Obama did sign a six month stop- gap funding measure (H J Res 117) to extend funding through March 27th. Considering that the lame duck will face debates on the Bush tax cuts and how to deal with sequestration cuts, a year-long Continuing Resolution may result from all this, with the funding levels tied to those established in the Budget Control Act of 2011. Tom Ray In that Senate Interior Appropriations bill, EPA of Lockwood, Andrews would receive $ 8.5 billion or about $100 million more Newnam, has followed national than the current spending level. That increase will be a water issues for more than 20 problem for House appropriators. The House bill cut years. He can be reached at EPA funding by 17 percent, citing criticisms of over- j-tray@lan-inc.com. regulation by the agency. 19
  • 20. TWCA WELCOMES NEW MEMBERS City of College Station Contact: David M. Coleman,P.E. College Station, TX Water Quest, Inc. Contact: Wendy Gordon, Ph.D. Odessa, TX Offices of Marc A. Rodriguez Contact: Marc A. Rodriguez Austin, TX Fayette County Groundwater Conservation District Contact: David VanDresar LaGrange, TX EDITORIAL SERVICES... Barbara Payne 281-893-2099 barbara@paynecom.com 20