The Texas Water Development Board held a hearing to consider rules related to interregional conflicts in regional water planning.
1. Public hearing on proposed amendments to 31 Texas Administrative Code §357.10, §357.50, §357.51, §357.62, and §358.3 relating to Interregional Conflicts in Regional Water Planning. (Todd Chenoweth)
- June 16th, board authorized staff to published proposed rule on interregional conflicts, published on July, 3rd in Texas Register
- Comment period extends through August 4th
- Rubinstein comments that this comment period is standard and designed to incorporate all opinions in order to draft the best rules possible
Kevin Ward, General Manager, TRA
- Neutral on the rules
- §357.10, Section B, the words “long-term” are omitted, regional water plans should be “long-term” as per statute and judicial opinion
- Wishes for standard to be established for significant interregional conflicts and for adversarial projects
Nancy Clements, Douglassville, Cass County, Self
- Land borders the Corps of Engineers land to the south
- Board has “stacked the deck” against “Region D” in Cass county by insisting that “Region D” sacrifice natural resources and economy to support statewide drought in spite of other sound options
Charlene Grandberry, Douglassville, Cass County, Self
- Conflict between “Region D” and “Region C” still exists despite TWDB being charged to help solve disputes
- Board does not know as well as “Region D” how to protect and serve citizens of “Region D”
Ken Kramer, Lonestar Chapter of the Sierra Club
- In favor of the rules
- TWDB seems to have attempted to broaden definition of regional conflict in order to accommodate conflicts like the “Region D” and “Region C” conflict where a plan is adversarial against another region
- Ideal solution might be to find an alternative water strategy, would require proactive effort on part of TWDB
- Might be useful to have independent third parties available to consult on these alternative plans
Michele Gangnes, League of Independent Voters of Texas
- Neutral on the rules
- Asks board to consider needs of communities like Lee, Milam, Burleson, and Bastrop counties, generally against Marvin-Nicholson reservoir project
- Ask TWDB to conduct comprehensive study to determine effects on donee region
- Implores TWDB to also protect local control of water resources
- Water should not be transferred unnecessarily when regions may meet needs through less intrusive means
- TWDB should be in the role of mitigating disputes between regions, preventing interregional conflicts, and preventing commercial water grabs
TWDB Discussion
- Bruun asks staff to discuss high-level differences in the rules
- Generally, staff was trying to incorporate Texas court opinions in redefining interregional conflicts to include water plans from one region which include water contribution from another region
- Staff also tried to change procedures of resolving interregional conflicts, took direction from TWDB that staff should engage in resolving conflicts early, i.e. when draft plans are submitted
- Bruun comments that, in previous meeting where TWDB met to resolve conflict between “Region D” and “Region C,” board also directed staff to review the interregional conflict rules
- Jackson comments that intent of review was to help conflicting parties come together and resolve issues
- Bruun draws attention to procedural changes