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
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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
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