22
Water Issues Every Broker of Rural Land Should Know October 22, 2015
| Date post: | 18-Jan-2016 |
| Category: |
Documents |
| Upload: | louise-curtis |
| View: | 217 times |
| Download: | 3 times |
Water Issues Every Broker of
Rural Land Should Know
October 22, 2015
Topics
• Water availability on rural land• Groundwater • Surface water
– Domestic and Livestock exemption for surface water use
– Navigable streams in Texas
• Severing water rights• Leasing water rights
Water Availability on Rural Land
• Identify client’s needs and expectations
Water Availability on Rural Land
• Groundwater• Surface water• Service by a water supply corporation
North Texas Municipal Water District
Groundwater
5
Groundwater Regulation
6
Surface Water
7
Domestic and Livestock Use
8
Impoundment
9
Navigable Waters in Texas
10
Two Tests
Navigable in Fact – criteria evaluated include passage by boats, use in commerce, transport of logs etc.
Navigable by Statute - a stream that retains an average width of 30 feet from the mouth up
Texas Nat. Res. Code §21.001
11
Waters of the US
12
Exclusion for Farm and Ranch Operations
No permit required (under Section 402) for the discharges consisting entirely of agricultural irrigation return flows
CWA § 1342(l)(1) & 33 C.F.R. § 122.3(f)
No permit required for agricultural stormwater discharges
33 C.F.R. §122.3(e) No Dredge and Fill permit required for
normal agricultural, silvicultural, and ranching operations
Waters of the US
• Current Status - Stayed: – several State Courts– 6th Circuit Court of Appeals (even though it is
unclear whether that Court had jurisdiction)
• In flux. Expect continuing litigation • If upheld – most rural landowners are
protected by pre-existing exemptions from coverage
14
Recap
• Navigable waters: – Texas terminology– Relates to whether you can construct a dam
across your stream and impound water
• Waters of the US:– EPA /Corps of Engineers terminology– Relates to discharges of pollutants into water
(including silt)– Likely to not affect non-commercial farms
and ranches
15
Risk Management
16
Risk Management
17
Severing Water Rights
18
Leasing Water Rights
19
20
Stay informed and connected…
B&G on Social Media• Like us on Facebook www.facebook.com/BraunGresham
• Follow us on Twitterwww.twitter.com/BraunGreshamLaw
• Find us on LinkedInwww.linkedin.com/company/braun-&-gresham-pllc
Stay informed and connected…
Join the:
21
Stay informed on issues affecting landowners and their land. This free e-mail service comes out once every two weeks and gives subscribers exclusive access to alerts on transmission lines, announcements about important changes in the
law, and upcoming educational seminars. Anyone interested in land will benefit from a subscription.
