House Committee on Natural Resources June 25th Hearing
The House Committee on Natural Resources held a hearing on June 25 to take up interim charges which included discussing issues surrounding groundwater availability, management and development.  The committee heard testimony from multiple groundwater conservation districts (GCDs) who offered testimony in support of GCDs managing groundwater in Texas.  The committee also heard from multiple witnesses regarding aquifer storage and recovery (ASR).  Although only a few ASR projects have been developed so far, more entities are considering it as a method for water storage and groundwater management.

All HillCo clients with access and log in capabilities to the website can find a copy of the complete HillCo client hearing report by clicking here.

House Committee on Natural Resources June 26th Hearing
On June 26 the House Committee on Natural Resources held a hearing to take up interim charges which included receiving updates from state environmental agencies and an update on progress at the Texas Water Development Board (TWDB). Todd Chenowith of TWDB updated the committee on the ongoing process to set rules for the use of new funds in the State Water Implementation Fund for Texas (SWIFT). The rules were recently approved for publication in the Texas Register – more detail in article below.

All HillCo clients with access to the website and log in capabilities can find a copy of the complete HillCo client hearing report by clicking here.

Proposed Draft SWIFT Rules Approved for Publication
During the June 26 Texas Water Development Board (TWDB) meeting held in Austin, the TWDB approved the publication of the proposed draft rules for the State Water Implementation Fund for Texas (SWIFT) and the State Water Implementation Revenue Fund for Texas (SWIRFT) in theTexas Register.

With the publication of the draft rules in the Texas Register, the formal comment period is officially open and will continue until September 1, 2014.

Interested parties can view the draft rules and submit public comments on the TWDB website or email comments to rulescomments@twdb.texas.gov.  

Additionally, the public will have the opportunity to provide comments on the draft rules at TWDB work sessions and Board meetings to be held in San Antonio, San Angelo, Fort Worth and Austin. 

"While the Board is pleased with the draft rules that were approved for publication, we want to stress that they are in fact, a draft," said TWDB Board member Kathleen Jackson.

"The Board faces a unique challenge with the size and diversity of Texas. Each part of the state has different water needs and demands. That is why the Board will continue to travel the state and receive public comments from the people of Texas.  We want the final rules to represent the diversity of our great state and the various water needs each community faces."

Desalination Hearings across the State
A series of three hearings were held around the state in June to address water concerns and the role desalination can play.

  • June 16 marked the first hearing of the Joint Interim Committee to Study Water Desalination which held in Austin, Texas. The hearing report is available to all HillCo clients with log in capabilities.
  • On June 23, legislative leaders along with local officials and citizens filled a hearing to standing room only in Corpus Christi, Texas to discuss the future of water desalination.
  • On June 30, legislative leaders heard from local officials and citizens in Wichita Falls, Texas. The meeting opened with an announcement by Mayor Glen Barham that Wichita Falls had received formal approval from the Texas Commission on Environmental Quality to start the city’s new direct potable reuse system.

Information from these meetings are likely to play a role in drafting water-related legislation when the Legislature is back in session next year.

Fifth Circuit Reverses District Court's Decision on Whooping Cranes
On June 30, the U.S. Fifth Circuit Court of Appeals reversed a 2013 U.S. District Court decision that had granted an injunction prohibiting the Texas Commission on Environmental Quality (TCEQ) from issuing new permits to withdraw water from rivers that feed the estuary where endangered whooping cranes make their winter homes in the Aransas National Wildlife Refuge.

As noted by the court, “[f]inding proximate cause and imposing liability on the State defendants in the face of multiple, natural, independent, unpredictable and interrelated forces affecting the cranes’ estuary environment goes too far.”

Accordingly, the court concluded, “[b]ecause the deaths of the whooping cranes are too remote from TCEQ’s permitting withdrawal of water from the San Antonio and Guadalupe Rivers, the state defendants cannot be held liable for a take or for causing a take under the ESA [Endangered Species Act].” 

Access to Hearing Reports  – Log In Capabilities
All HillCo Clients have access to certain hearing reports and handouts. In order to view all available material, clients must establish a HillCo website account. If you are a HillCo client and do not have your website account set up, please visit the following to do so:https://www.hillcopartners.com/user/register.