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© 2014
Groundwater DesalinationMolly Cagle
SB 1 - 1997
Groundwater regulation is best accomplished through local or regional districts that operate in keeping with suitable statewide criteria, consistent with local political considerations. The state encourages the formation and operation of groundwater conservation districts to address significant groundwater quantity or quality problems.
History of GCDs
High Plains Underground Water Conservation District No. 1
40 GCDs formed
Senate Bill 1
99 GCDs (and counting)
1951 1997
2014
January 2014
Raw Water Supply
ConcentrateDisposal
WaterDistribution
Cooling Water
TreatmentProcess
GroundWater
ENERGY
Water and Energy
Courtesy of GBRA Integrated Water & Power Project
Energy Penalty of Treatment
Courtesy of Mike Nasi, Jackson Walker LLP
Courtesy of Mike Nasi, Jackson Walker LLP
Electricity Demands by Sector
Courtesy of Mike Nasi, Jackson Walker LLP
If the Cloud Were A Country . . .
Courtesy of Mike Nasi, Jackson Walker LLP
In Terms We Can All Understand
Courtesy of Mike Nasi, Jackson Walker LLP
Projected Water Needs in Texas
Source: TWDB 2012 State Water Plan
Consider All Options
Comparing Water Management Strategies
Source: Poseidon Water
Advantages of Desal
Reliable, drought-proof, clean and safe source of water
Competitively priced in areas lacking sufficient local fresh water supply
Limited incremental land needs, unlike other alternative water sources
Alleviates natural tension between various constituencies competing for a dwindling water supply
Ample opportunities for Public-Private Partnerships with water agencies
Courtesy of Poseidon Water
Challenges of Desal
Difficulty obtaining permits Difficulty protecting water rights Difficulty developing new supplies Discrepancy of location of supply v. demand Endangered Species Costs Public perception and controversy Litigation
Courtesy of GBRA
A Challenge for Desal: FPL Farming
FPL Farming v. Environmental Processing Systems 1996: EPS receives UIC permit
FPL settled w/EPS instead of contested case 1999: EPS applies for increased injection rate
amendment FPL challenges in contested case ALJ issues PFD: waste plume will migrate 3,021 ft in 10
years…but no harm shown FPL appeals, affirmed by district and appeals courts Courts left open question of damages if plume appears
below FPL's property
FPL Farming
FPL files tort lawsuit Trespass Nuisance Unjust enrichment TX Supreme Court holds EPS's UIC permit does not
insulate EPS from potential tort liability. Case remanded, but expressly did not resolve whether
subsurface wastewater migration can be a trespass
Remand to appeals court for merits
FPL Farming
Appeals court Wastewater migration can be actionable trespass
But burden of proof was in error; EPS must prove consent as affirmative defense
REMANDED for new trial EPS appeals remand to TX Supreme Court
Oral arguments held January 7, 2014 Amicus briefs filed
Issues Consent (smaller issue) Trespass
FPL Farming
Implications of FPL Farming Does the "right to exclude" apply to subsurface
trespass? Need to prove harm? Permitting scheme Property rights in groundwater
Is brackish/briny water different? Consequences for Class I waste disposal wells Consequences for Class II saltwater injection wells Consequences for groundwater desal?
How many people use desal?
12,500 desal plants worldwide, 120 countries 4 billion gallons per day
Where is desal? Middle East - 60% of worldwide capacity
Desal is >70% of regional water supply United States - 250 plants
California Florida Texas
Australia, Singapore, UK, Spain, Caribbean nations
Source: TWDB; USGS
Conservation is Not Enough
"Seawater and brackish groundwater desalination are one of many tools in the State’s long-term water supply toolbox." Texas Water Development Board
"Sure, we're trying to conserve, but we've got to do even more with less, and conservation's not enough. It's time to bring new technology to the water's edge and turn previously unusable resources into some crystal-clear solutions." Texas Water Report: Going Deeper for the Solution
(Texas Comptroller, 2014)