The Texas Water Development Board took up a number of rules concerning water banking, model subdivisions, the Rural Water Assistance Fund, and regional water planning, as well as a resolution to extend Pecos City’s Clean Water State Revolving Fund commitment. A complete agenda of the meeting can be found here. A video of this meeting can be found here.

This report is intended to give you an overview and highlight the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer.

 

Item 2: Briefing and discussion on material changes to contracts for goods and services executed during the first quarter of Fiscal Year 2024, and the contract and performance report for the first quarter of Fiscal Year 2024.

  • Commissioner George Peyton- Can you walk me through the flooding and modeling service? The board approved the plans, but it has continued to expand
    • Staff- The contract encompasses many specific services that will continue to develop as the science behind the plans progresses
  • Peyton- Many taxpayer dollars have been allocated towards this project; they should provide updates for the public

 

Item 3: Consider authorizing the publication of an adoption of a review of rules in 31 Texas Administrative Code Chapter 359.

  • Staff- No public comments were received responding to the rules, so the staff recommends readopting the chapter
  • Peyton- No public comments at all on this rule review?
    • None
  • Commissioner L’Oreal Stepney- Motion to authorize the publication of adoption of review
  • Motion passes

 

Item 4: Consider authorizing the publication of an adoption of a review of rules in 31 Texas Administrative Code Chapter 364.

  • Staff- Public comment period was provided and no comments were received; the staff recommends readopting the chapter
  • Commissioner Brooke Paup- Good job, this staff has made continued efforts for improvement
  • Stepney- Motion to authorize the publication of adoption of review
  • Motion passes

 

Item 5: Consider authorizing the publication of a notice of intent to review rules in 31 Texas Administrative Code Chapter 365.

  • Staff- Chapter 365 covers financial assistance under the rural water fund
  • Stepney- Important program for the agency
  • Peyton- Looking forwards to public comment
  • Peyton– Motion to authorize the publication of intent to review
  • Motion passes

 

Item 6: Consider authorizing publication of proposed amendment to 31 Texas Administrative Code Chapter 357 relating to regional water planning.

  • Staff- Publication Implements the legislative changes passed in HB 1665 from the 88th session
  • Regional planning covers big projects such as reservoirs, interstate water transfers, innovative water projects and desalination projects
  • Peyton- HB 1665 is a great bill and the updates it provides are very helpful
  • Paup- Great way to gather metrics that will be very useful
  • Stepney- Motion to authorize publication of proposed amendments
  • Motion passes

 

Item 7: Consider authorizing publication of proposed amendment to 31 Texas Administrative Code Chapter 359 relating to the Texas Water Bank and Texas Water Trust.

  • Paup- Would like to table this item
  • Motion to table passes

 

Item 8: Consider amending by resolution previously adopted Texas Water Development Board Resolution No. 21-014 to extend Town of Pecos City’s Clean Water State Revolving Fund funding commitment to June 30, 2024, and for an additional time if approved by the Executive Administrator.

  • Staff- In 2021, Pecos received state water revolving funds so they could meet TCEQ requirements
  • Requirements were going to accomplished in multiple phases, throughout multiple years
  • Asking for an extension for their financial audits from 2021 and 2022
  • Stepney- Wants to help communities come into compliance, but incomplete audits from 2021 and 2022 are concerning
  • Peyton- Is there a good reason why the audits were not completed?
    • Staff- Not a specific reason, but many communities struggle to meet audit deadlines
  • Peyton- We do grant extensions, but audits should not be this far past due; this is frustrating, and it makes it harder for other cities to obtain extensions
  • Peyton- Suggests they mandate deadlines for the audits
  • Motion to amend the audit with the following changes
    • 2021 audit’s extension deadline is May 31, 2024, August 31, 2024, for the 2022 audit, and October 31, 2024, for 2023 audit; this commitment will expire automatically if any deadline fails to be met
    • Motion passes with the proposed amendments
  • Paup- Board must balance customer services, aiding projects for the communities, and stewarding taxpayer funds, ensuring projects are completed

 

Item 9: Briefing and solicitation of comments regarding the implementation of the Texas Water Fund.

  • Seeking feedback from stakeholders in several ways: surveys, items for public comments, stakeholder meetings, board work sessions and regular board meetings

 

Marie Camino, Natural Conservancy Texas Chapter

  • Proposes several ways to identify which communities require water loss mitigation projects
  • Suggests setting aside water funds in form of grants, and providing ground water conservation districts

 

Perri Fowler, Texas Water Instruction Network

  • They plan on responding to survey, but are waiting to gather final information
  • Some concern about federal cross cutting requirements; the IEP shouldn’t be only way to mitigate

 

Item 10: The Board will receive comments from the public on any matters within the jurisdiction of the TWDB the exception of matters which are subject to the ex parte prohibition found in Texas Government Code Section 2001.061.

Dr. Jacob Torres, Bryan-College Station Community

  • A flood early warning system was established for the city; completed through the Texas Water Development fund
  • Grateful for board’s funds and attention
  • Paup- Category 4 projects are very personal and important to protect lives

 

Sam Vernon, City of Bryan

  • Thankful for funding for the flood early warning system