Below is the HillCo client report from the June 4 Texas Commission on Environmental Quality hearing.  

This report focuses only on discussion on the following emergency order:
 
Consideration of whether to affirm, modify, or set aside an Executive Director’s emergency order issued May 22, 2014, renewing the Commission’s Emergency Order (EO) issued on February 27, 2014, to the Lower Colorado River Authority (LCRA). The Commission’s EO expires on May 26, 2014. On May 5, 0214, LCRA filed this request for an extension of the Commission’s EO until July 25, 2014, as well as waiver of the procedural requirements associated with the request to expedite processing the request under the Governor's Emergency Disaster Proclamation last renewed on April 11, 2014. Under the Commission’s February 27, 2014 EO, LCRA does not have to make any releases from storage in Lakes Travis and Buchanan to downstream interruptible water customers for the duration of the EO. The Executive Director’s emergency order extends the Commission’s EO until July 25, 2014.
 
Robin Smith, Environmental Law Division, Texas Commission on Environmental Quality

  • Lakes Buchanan and Travis water levels are at record lows, and the forecast remains the same.
  • The Commission’s Emergency Order (EO) issued on February 27, 2014 should be extended for 60 more days until July 25, 2014

 
Greg Graml, Legal Services, Lower Colorado River Authority

  • Agreed to extend LCRA’s emergency relief Water Management Plan for 60 more days, since weather conditions have not improved since the emergency order was issued.
  • Lakes are currently 1% more full than when the EO was issued last February at 790,000 acre feet
    • 38%  February 2014 ; 39% full May 2014
  • Recent rainstorms have prevented Lakes Buchanan and Travis from falling below the trigger of 600,000 acre feet. However, if this criterion were to be met, LCRA would cease interruptible supply and begin curtailment of firm supply.
    • Estimates show that water levels are predicted to fall below 600,000 acre feet by August
    • El Niño can be short lived and do not produce significant rainfall
  • Water levels recorded from January-April 2014 were the lowest recorded levels in its history

 
Isabel Trevino, Office of the Public Interest Council (OPIC)

  • OPIC supports LCRA’s request for a 60 day extension.
    • Extension preserves water for domestic and municipal use

 
Ross Crow, Senior Attorney, City of Austin

  • City of Austin supports a 60 day renewal for LCRA’s emergency relief during this period of extreme multi-year droughts
  • There are currently no other alternatives in protecting the public’s health and safety. The City Council is engaged in finding supplemental water supplies, but there are no readily available substitutes as of now.
    • Lakes provide for over 1 million people
  • TCEQ should recognize that drought relief can be short lived.
    • Water supplies are lower than the drought that took place in the mid-1950s. There was a flood in the middle of the 1950s drought, large amounts of inflows, but intense drought returned for five more years.
  • TCEQ Chairman Bryan Shaw asked if recent water conservation programs in Austin have affected water supply levels.
    • Yes, absolutely. Conservation programs have prevents the lakes from dipping below 600,000 acre feet. The City of Austin estimates over 86,000 acre feet have been conserved through these efforts.
  • TCEQ Commissioner Toby Baker questioned Crow about the City of Austin’s attempts to identify specific alternatives to water supply.
    • The council is in the process of finding a solution and will have an answer by June 20.

 
TCEQ did not address the EPA’s recent proposal to cut carbon emissions.