Natural Outlook, January 2013 Page: 2
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Water Quality
Keeping the state's water resources safe
for drinking, swimming, fishing, aquatic
life, and other beneficial uses will be
challenging as increasing demands are
put on supply. Surface water monitoring,
wastewater overflows, permitting, and
conservation could be considered as
lawmakers convene this session.
Reclaimed water is treated wastewater
that is safe and suitable for a purpose that
would otherwise expend other valuable
water resources. It may come from either
domestic/municipal or industrial activities.
Domestic/municipal reclaimed water may
be substituted for many applications (e.g.
irrigation of a golf course, landscaping,
fire protection, and dust suppression) that
would otherwise deplete current and future
drinking-water resources. A Chapter 210
Reuse authorization may be required.
Environmental Flows
An environmental flow is an amount of
water to leave in a stream or river for the
benefit of the environment of the river,
bay, and estuary, while balancing human
needs. Senate Bill 3 (80th legislative ses-
sion) instituted the current process for
establishing environmental flows. The bill
established the Environmental Flows
Advisory Group to oversee implementa-
tion. The bill also established an Environ-
mental Flows Science Advisory Commit-
tee, which in part serves as an objective
scientific body to advise the group. The
bill requires the TCEQ to recommendenvironmental flow standards to be used
in decisions on new and amended water-
right applications. The TCEQ adopted
rules for the first set of basins in April
2011. Rules for the last set of basins iden-
tified in the statute are currently sched-
uled for adoption by Sept. 1, 2013.
Watermaster Programs
The watermaster programs are responsible
for allocating, monitoring, and controlling
the use of surface water in the divisions
under their jurisdictions. As a result of
HB 2694, at least once every five years, the
TCEQ's executive director will assess the
need for initiating a watermaster programin basins where programs do not currently
exist. The 2012 evaluation encompassed
the Brazos and Colorado basins, including
the Brazos-Colorado and Colorado-Lavaca
coastal basins. In 2013, the evaluation will
include the Trinity River, Trinity-San
Jacinto coastal, San Jacinto River, and San
Jacinto-Brazos coastal basins. In 2014, it
will include the Sabine River, Neches
River, and Neches-Trinity coastal basins.
In 2015, it will include the Canadian River
and Red River basins. In 2016, it will
include the Sulphur River and Cypress
Creek River basins.
Desalination
Stretching 367 miles, the Texas coastline
borders a plentiful water source, which is
often considered the state's best resource
for additional water supplies. Desalination
has had legislative interest. To increase
water supplies, several coastal communi-
ties in Texas are treating saline groundwa-
ter to make it potable. The TCEQ has
worked with utilities in the Lower Rio
Grande Valley and El Paso to permit
drinking-water plants that treat brackish
groundwater. The Southmost Regional
Water Authority's desalination plant in
Cameron County went online in 2004 and
now produces 7.5 million gallons per day
of water, and in 2007 El Paso Water Utili-
ties and Fort Bliss dedicated the world's
largest inland desalination plant, with 27.5
mgd capacity. In addition, the State of
Texas is supporting the Brownsville Public
Utility Board's pilot project to desalinateseawater to make it potable, with eventual
plans for a 27-mgd plant.
Oil and Gas
Fracking-injecting pressurized fluid to
release petroleum-could be a legislative
issue as lawmakers delve into how it
potentially affects fresh-water supply. Ear-
lier this year, the TCEQ met with groups
and local governments in South Texas to
talk about using effluent for hydraulic
fracturing. The agency has set up Web
pages that offer specific information on
air, water, and waste related to oil and gas
production. The TCEQ's website serves as
a gateway for the regulated community,local governments, and the general public
who seek information related to the industry.
Certificates of
Convenience and Necessity
The 82nd legislative session's SB 573
created a new expedited release process
for landowners in specific counties with
at least 25 acres who are not receiving
service. The bill also deleted the current
petition requirement for revoking a
Certificate of Convenience and Necessity,
and modified the requirements in the
original process for petitioning for release
from a CCN. The bill also shortened the
TCEQ's review period from 90 to 60 days
for landowners with 50 acres or more. For
landowners in those specified counties with
at least 25 acres meeting the requirements,
the TCEQ is required to approve all peti-
tions. Under the legislation, the TCEQ may
not deny a petition based on the fact that a
CCN holder is a borrower under a federal
loan program. The bill also modified
the requirements for municipal consent
to a CCN located outside its corporate
boundaries or extraterritorial jurisdiction,
and subjected a municipality's ability to
extend its CCN outside the extraterritorial
jurisdiction to landowner consent.Utility Rates
Improving the customer's ability to chal-
lenge unreasonable utility rate increases
has been a continuing topic as statutory
requirements are developed for investor-
owned utilities (IOUs). The TCEQ has
original jurisdiction for rates of IOUs
operating outside cities as well as within
cities that have surrendered their rate
jurisdiction to the agency. The TCEQ also2
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Texas Commission on Environmental Quality. Agency Communications Division. Natural Outlook, January 2013, periodical, January 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1582380/m1/2/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.