ISSUES POLICY
Texas Water Shortage Spurs Legislative Concern By Jay Evans
R
ANCHING IN SOUTH AND WEST TEXAS WILL NATURALLY expose a person to drought. I have always tried to understand how precious water is across
the state, but the recent drought of record has raised awareness to levels many of us have never experi- enced. We have been blessed with more rain since 2011, but we are certainly not back to where we need to be. When we look at the level of our reservoirs and stock ponds west of IH 35, we see that we still have a long way to go. Additionally, people are moving into Texas at a
more rapid pace. While we are extremely proud of our state and realize just how great it is to live here, this population growth will continue to create increased demands on our limited water supply. As expected, water issues are coming to the forefront
as the 84th session of the Texas Legislature progresses. Texas and Southwestern Cattle Raisers Association (TSCRA) leaders and staff have been tracking and weighing in on water-related legislation to make sure landowners’ private property rights remain intact. TSCRA is opposed to a bill that could require lo-
cal groundwater conservation districts to give special treatment to power plants that have permitted ground- water wells. Under this proposed bill, power plants could be
allowed to continue to pump groundwater at their permitted amount while other permitted wells, such as irrigation, would be required to make reductions. In fact, these other permitted wells may have to take
tscra.org
larger reductions to absorb the amount of reduction the power plants did not take. A power plant could be granted up to 10 years to
pump at their existing permit amount, while every other permitted well would be required to reduce pumping. This puts local groundwater conservation districts
in the diffi cult position of having to pick winners and losers and it increases their liability. The power plants benefi tting from the passage of
this legislation have the right to a fair share just like any other groundwater owner. However, if their fair share is not adequate, they have the same right as any other groundwater owner to purchase and/or lease more land and/or groundwater rights. While TSCRA recognizes that providing reliable
electric service is important, we do not believe that it is constitutional for state law to discriminate between permitted groundwater well owners based on type of use. After all, is generating electricity more impor- tant than providing food? This bill implies that it is and sends the wrong message. All groundwater well owners should be treated equally and be afforded the same due process. TSCRA is also concerned about legislation that
would create a separate permitting system for brack- ish groundwater, which is water that is generally not potable. With the population growth in Texas, entities are looking to increase efforts to tap into these brackish groundwater resources and use desalination technology to help meet our increasing water needs. MORE
May 2015 The Cattleman 79
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