water planning groups to assess water supplies and to develop water supply strategies. Existing water rights are not affected by the SB3 standards, Clawson says. In the case of the LCRA plan, requirements for water
releases for proper environmental fl ow are built into water right permits, amendments and accompanying water management plans, Clawson adds. Once a water right permit with environmental
fl ow requirements is issued, environmental fl ow re- quirements can only be altered as authorized by law. TCEQ has the legal authority to review any changes to environmental fl ow requirements in a water man- agement plan. Normally, when a large water rights permit holder
such as the LCRA seeks to suspend environmental fl ow requirements due to conditions such as low lake levels, it will apply to the TCEQ for an emergency order to temporarily suspend the water release requirements.
Inter-basin transfers SB 1 passed by the 75th Legislature in 1997 cre-
ated regulatory impediments to securing permits from TCEQ that are necessary for voluntary inter-basin water transfers. HB 3233 passed by the 83rd Legislature in 2013 en-
acted changes to the Texas Water Code that the TWDB believes may lessen these regulatory impediments. It does so by requiring TCEQ to place greater focus on the issues specifi cally relevant to a proposed inter-basin transfer in its regulatory process for the issuance of inter-basin water permits. These changes took place on Sept. 1, 2013, and it
is not yet clear whether they will have a signifi cant impact on the inter-basin water transfer problem. The changes include: • Repealing the requirement that the TCEQ consider the effects of a proposed transfer on water user rates and fees for each class of water user.
• Restricting the evidentiary hearing on a proposed transfer to only the single section in the Texas Wa- ter Code that addresses inter-basin water transfers, provided that a water right permit has already been issued by TCEQ.
• Limiting the factors that TCEQ can consider in an inter-basin water transfer authorization to those in the Texas Water Code dealing with an inter-basin water transfer. These factors are the originating ba- sin’s 50-year water needs; alternative water supplies in the receiving basin; the receiving basin’s planned use of the water; the receiving basin’s plans to con-
78 The Cattleman May 2014
Texas Commission on Environmental Quality controls the allocation of Texas’ surface water.
serve the water and prevent waste and to implement conservation and drought contingency measures; the receiving basin’s plan to put the water to benefi cial use; the planned transfer’s projected economic impact; and how the transfer will affect water rights, water quality and habitat within each basin.
• In cases where the transfer is for a contract to sell the water, including a renewal of a contract or extension of a contract, TCEQ may authorize the inter-basin transfer.
• Clarifi cation that an inter-basin transfer permit is not needed when the transfer occurs within the geographic area of a county, city or the retail service area of a public utility.
• Clarifi cation of notice requirements. The cattle industry relies heavily on water, and
many individual cattle raisers hold water right per- mits. Of the 3 issues impacting Texas’ rivers — sedimen-
tation, environmental fl ows, and inter-basin transfers — the latter 2 bear the most watching. SB 3 will affect water planning and all related water
issues. How much is diffi cult to tell at this point, but methodologies spun out of the Texas Environmental Flows Science Advisory Committee matter because they ultimately determine the amount of water available for use in any given river basin. HB 3233 has made signifi cant inroads in tackling
the vexing problem of inter-basin water transfers, but its actual impact on the TCEQ regulatory processes re- mains to be seen. The agriculture community should monitor the implementation of SB3 and HB3233 to ensure they work as intended and do not place undue burdens on their access to water.
thecattlemanmagazine.com
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