Transcript Surface Water Curtailment In Brazos Basin

Leonard H. Dougal
Jackson Walker L.L.P.
[email protected] • (512) 236-2000
Conflicts, Curtailments and
Conversions: Lessons From the
Historic Texas Drought
25th Annual
Texas Environmental Superconference
August 1, 2013
Austin, Texas
Introduction
1. Surface Water Curtailment in Brazos
Basin
2. Brackish Groundwater Resource Conflicts
and Development
3. Conversion of Agricultural Supplies to
Municipal/Industrial
2
3
Texas Reservoir Status – July
2013
Source: Texas Tribune/TWDB
4
Prior Appropriation Doctrine
“As between [surface water] appropriators,
the first in time is the first in right.”
Water Code § 11.027
5
Brazos River Curtailment Area
This map depicts the area of the Brazos River where junior surface water
rights have been curtailed.
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Surface Water Curtailment In
Brazos Basin – Priority Call
•No Watermaster on the Brazos River
•“Priority Call” By Senior Water Rights Holder
–TCEQ Suspends Water Rights Junior to Feb. 14, 1942
–But, Order Excludes Junior Muni and Power Generation Rights
–ED Cites Public Health, Safety and Welfare and New Rules
•Texas Farm Bureau Sues TCEQ
–Challenges TCEQ “Curtailment Rules” (Ch 36)
–Judge Jenkins Invalidates Curtailment Rules
–Decision Now on Appeal
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Brackish Groundwater Resources
• TWDB Estimates: 2.7 Billion Acre-Ft
– Brackish = 1,000 – 10,000 TDS
– Represents “New Water” if Developed
• TWDB Estimates Desal Production Costs of
$1.09 to $2.40 per 1000 Gallons
• Less Costly than Seawater Desalination
• Currently 34 Operating Brackish GW
Desalination Facilities in Texas
8
Growth of Desalination Capacity in
Texas
Source: TWDB (includes both surface water and groundwater desalination
plants)
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Brackish GW Development
Policy Considerations
• Who Should Regulate Brackish GW?
– Do GWCD’s Have the Knowledge and Resources
to Regulate Brackish GW?
– How Do We Encourage the Development of
Brackish GW?
• Need for Better Characterization of
Brackish GW Aquifers (TWDB/BRACS)
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Conversion of Irrigation Supplies
TWDB Water Demand Projections (M AcFt/yr.)
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Conversion of Supplies
SAWS Deals
• “Reverse Auction” to Purchase Edwards Aquifer
Rights
• SAWS Stated Goal: “To Acquire an Additional
10,900 acre-feet of Edwards Aquifer Water
Rights in the Years to Come.”
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Conversion of Supplies
Colorado Basin Example
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Conversion of Supplies:
Hydraulic Fracturing Example
• “It takes 407 million gallons to irrigate 640 acres and
grow about $200,000 worth of corn.”
• “That amount of water, could be used to frack
enough wells to generate $2.5 billion worth of oil.”
• “No water, no frack, no wealth,’ says Dr. Brownlow
(who has leased his cattle ranch for oil exploration).”
WSJ, Quoting
Darrell Brownlow, Ph.D.
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Conclusions
• Priority System Affirmed; Legality of TCEQ
“Curtailment Rules” Questioned
• Brackish Groundwater Is a Vast Resource;
Policy Changes Needed to Spur Development
• Irrigated Agriculture Will Decline as Water
Moves to Higher Value Municipal/Industrial Uses
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QUESTIONS?
Leonard H. Dougal
Jackson Walker L.L.P.
100 Congress Avenue, Suite 1100
Austin, Texas 78701
Telephone: (512) 236-2000
[email protected]