Relation ofRelation ofRegional Water Planning Process Regional Water Planning Process
to Water Marketingto Water Marketing
Lynn ShermanLynn Sherman
November 5, 2004November 5, 2004
presented by
Texas Water Law Institute
The State’s 1st privately funded company
committed to developing multiple wholesale water projects
around the state on a systematic basis
in partnership with landowners, governmental entities, and local
communities.
partners with:
•Landowners
•Local communities
•Water utilities
Bridging resources and communities
Demand exceeds available supply in 400 communities and 96 counties
TODAY.
If nothing is done, we will have severe shortages
throughout the state.
1950’s TODAY
De
vel
op
ed S
up
plie
s
Pe
r C
apit
a
ALMOST ON PAR WITH 50’S DROUGHT
Water Development Timeline
NEEDED
SUPPLIES
1950’sDROUGHT
UNPARALLELED GROWTH
FUTURE
DE
VE
LO
PE
D S
UP
PL
IES
DAM BUILDING ERA
1960’s-1980’s
POPULATION DOUBLES
IN 2050
EXISTING SUPPLIESDECREASE BY
20%
“NO DEVELOPMENT” PERIOD
1980’s to Date
How much more water do we need…
50% more50% more
That’s 7.4 million acre feet
……almost enough to flood almost enough to flood everyevery city in Texas 1 foot city in Texas 1 foot
deepdeep
Where will the water come from?
• Most rivers are fully or over appropriated
• Most good reservoir sites are gone
• Reservoir permitting is much more difficult
• Groundwater is most available for transfer
• Water transfers are the preferred method
• Bays and estuaries need increasing protection
Voluntary Water
Transfers
Source: Texas A&M survey of regional planning group participants regarding the most preferred and feasible water management strategies.
Voluntary water transfersrank second
behind reuse of treated wastewater
as the preferred
water management strategy
for Texas
The regional planning process is intended to “facilitate” water transfers.
The TWDB’s regional planning guidance principles must consider “the application of principles that result in voluntary redistribution of water resources.” TWC § 16.051(d)
The TWDB and each regional planning group is required to make “legislative recommendations…needed and desirable to facilitate more voluntary water transfers.” TWC § 16.051(e), 16.053(i)
Each regional plan is required to include consideration of the “voluntary transfer of water within the region” using mechanisms such as “sales, leases, [and] options.” TWC § 16.053(e)(5)(H)
“all potentially feasible water management strategies,
In addition, regional planning groups
are required to consider
including…acquisition of available existing supplies, and
development of new water supplies.”
However,
TWC § 16.053(e)(5)(c)
this is not being done.
There are at least three reasons:1. There is no established, formal process for submitting water management strategies.
3. Private water development interests are not represented on regional planning groups.
2. Unlike public water purveyors and other political subdivisions, private interests (even those with water supplies) cannot require a regional planning group to consider a change to its regional plan.
See TWC16.054(d)
As a result, voluntary water transfers
will not be included in the next set of regional plans.
involving private interests
The effect:
The problem: For the next 50 years, the most criticalyear for implementing strategies is 2010.
These projects might not be considereduntil the next regional planning cycle which will notculminate in a state water plan until 2012.
Summary of Regional Water Plans, February 1, 2001, p. 10.
Water for Texas –
a number of feasible
Science
“Like beauty, [groundwater] availability
is in the eye of the beholder.
Robert E. Mace, William F. Mullican, III, Ted (Shao-Chih) Way, Estimating Groundwater Availability in Texas, Texas Water
Development Board, January 2001, p. 9.
”Therefore, different regions have defined groundwater
availability differently for thesame groundwater source.”
“When producing from an aquifer, the water comes from three possible sources:recharge, storage, or cross-formational flow.“
Robert E. Mace, William F. Mullican, III, Ted (Shao-Chih) Way, Estimating Groundwater Availability in Texas, Texas Water
Development Board, January 2001, p. 1.
▼▼▼
▼
▼ ▼▼
▼ ▼Rain
Storage
Underflow
andRecharge
only from
1/3 of
the District
Recharge only
Recharge doesn’t reflect where the
groundwater
IS!oror or how much is there.
Source: LBG-Guyton Associates
Not only are groundwater districts limiting their consideration of water availability to recharge, some are ignoring significant aquifers altogether.
In one instance, the district’s recently adopted water management plan declares a deficit of 10,000 af/yrit refused to consider an aquifer that the preliminary GAM results suggest could satisfy ALL the district’s 2060 demands alone, without using any other aquifer.
; however,