Texas Landowner Magazine - Summer Issue by Texas Landowners Association

Texas

Landowner Official Publication of the Texas Landowners Association

Magazine ISSUE NO. 4

SUMMER 2014

FRACKING: Mistake or Mistaken?

TEXAS WINE Pg. 64

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STERLING

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Can Your Cattle Beat the Texas Heat?

Have You Planted Your Dove Field Yet?

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FERTILITY • PROFITABILITY • LONGEVITY INCREASED WEANING & YEARLING WEIGHTS TENDERNESS • CARCASS QUALITY MATERNAL EXCELLENCE • CALVING EASE ADAPTABILITY • FEED & FORAGE EFFICIENT

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President From the Desk of the

It is my pleasure to introduce to you the T exas Landowner Magazine, the official publication of the Texas Landowners Association. As an organization dedicated to helping landowners in Texas, the Texas Landowners Association uses this p ublication as one of several instruments to get useful and concise information into the hands of landowners.

Meet the Team

Ashley Morrow VP of Operations amorrow@landassociation.org

Michael Morrow

mmorrow@landassociation.org

We are an organization dedicated to helping landowners accomplish their personal goals for their property by providing them i nformation that many don’t even know they need. With that simple goal in mind, we will provide unique articles both in print and online, access to our Industry Experts in more than 10 fields of expertise, insider access to large ranching operations, information on current private land projects, and the chance to learn from other landowners who have done many of the same projects as you. Since launching TLA, eight months ago, our members own more than 1,000,000 acres of land in Texas and we are continuing to grow daily. I want to be the first to welcome you to the fastest growing organization for landowners in Texas! We are your partner in land stewardship. If there is anything you need, please feel free to contact us directly or access your many online resources at www.LandAssociation.org.

Sara Noll Director of Marketing saranoll@landassociation.org

Luke Murray Jr. Editor lmurray@landassociation.org

Sincerely,

Michael Morrow President landassociation.org

Ryan Tebeest Managing Partner rtebeest@landassociation.org

Did You Know? 5 Tips for Mineral Owners..............................................6 by Eric Winegar

Feral Hogs: a Whitetailâ&#x20AC;&#x2122;s Predator & Competitor..................................13 by Mark Tyson

Field of Dreams.............................................................................................19 by Emily Courtney

Condemnation Runs Wild in Texas..........................................................22 by Glenn Sodd

Water Woes....................................................................................................31 by Stephanie Pruitt

Property Highlight: Hodges Ranch..........................................................36 by Kalyn Hodges

Coffee & Shale Fractures.............................................................................44 by Detlef Hallermann, PhD

Excerpt: Sharing the Common Pool..........................................................50 by Charles R. Porter, provided by Texas A&M University Press

American Brahman - For All the Right Reasons...................................54 by Chris Shivers

Seasonal Wildlife Practices: Spring & Summer Wildlife Activities.......................................................58 by Craig Bowen

Project Highlight: Choppers in the Air...................................................61 by Luke Murray

Texas Wine: Driftwood Estates Winery...................................................64 by Luke Murray

Managing Rangeland Livestock...............................................................51

In This Issue

by David Briske, PhD

Texas Treasure: Blue Bell Ice Cream.........................................................72 landassociation.org by Luke Murray

Qtr. Feature Stories

Did You Know?

5 Tips for

Mineral Owners By: Eric Winegar Partner at US Mineral Exchange

f you own mineral rights, itâ&#x20AC;&#x2122;s important to know some basic information about your property. Taking the time to learn more about your mineral rights can greatly benefit you and your family. Many mineral owners donâ&#x20AC;&#x2122;t consider their mineral rights until they are approached with an offer to lease or sell. As a mineral owner, you should take the time to become educated about the basics of your mineral rights. Understanding the difference between selling and leasing your mineral rights, or a taking lower royalty in exchange for a higher lease bonus can have a significant financial impact on your family. In addition to learning more about your mineral rights, itâ&#x20AC;&#x2122;s important to work with an industry professional when you decide to lease or sell mineral rights. Industry professionals can help walk you through the process of leasing or selling, ensuring that you maximize the value of your mineral rights.

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Here are 5 tips for mineral owners to help you get started!

Leasing vs. Selling: One of the most important tips we emphasize is to think of your options when you consider selling your mineral rights. Selling your mineral rights means you are giving up all future income from your mineral rights. For many mineral owners, leasing mineral rights is a better option because it provides cash you may need today but the chance to regain royalty payments from your property in the future if minerals are extracted and sold.

Negotiate: If you have been approached with an offer to lease or sell your mineral rights, you have the ability to negotiate what has been offered. Very rarely will the first offer represent the best price and terms you could receive. You should negotiate for a better price and terms or enlist the help of a qualified professional to negotiate on your behalf.

Lease Terms: One area often overlooked by mineral owners is the lease agreement terms. Many times a mineral owner will focus on the lease bonus and royalty percentage provided in the lease, but there are many other important factors to consider. Additional lease terms such as the term of the lease, lease extension, lease extension bonus, and Pugh clause are just a few of the important factors to consider. Mineral owners should consider having a professional review their lease before signing anything.

Timing: The most important advice for mineral owners is to take your time when selling or leasing mineral rights. If you have been approached with an offer, there is no rush to complete the deal quickly. Take your time and seek professional help evaluating the offer and determining if itâ&#x20AC;&#x2122;s in your best interest. If youâ&#x20AC;&#x2122;re a mineral owner who needs information about your mineral rights, utilize the tips above and Âremember to find an oil and gas expert who can help. A company like US Mineral Exchange who can help you negotiate the best price, best terms, and ensure you are treated fairly is an important part of the process. We specialize in providing mineral owners with all the information and services they need for selling or leasing their mineral rights

Market Value: Unlike the housing market where you can easily see the property in your area is worth, there is no readily available information about what your mineral rights are worth. In addition, the value of your mineral rights can change quickly depending on a number of factors. If you want to determine the market value of your mineral rights, the best way is to get your property in front of a large number of buyers. This allows buyers to compete to pay you the highest price so you can determine the highest market value you can get for your property. landassociation.org

Cypress Trees, Lake, Two Creeks! 317± ACRES | BANDERA COUNTY - Approximately 7,000± s.f. home with all the extras including a dining courtyard, outdoor kitchen, guest house, greenhouse, horse barn/stable with 2BR/2BA quarters. The property features several pastures, valleys and hilltops with breathtaking views of the sought after Hill Country. Plus, two water wells, a spring-fed creek feeding into your own 5± acre, crystal clear stocked lake, spring-fed creek and waterfalls.

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Ready To Go Entertaining Outdorsman’s Paradise 1,125± ACRES | REAL COUNTY - Near sought after, scenic Leakey, Texas. Approx. 10,000 sq. ft. lodge style home with 6 large suites complete with jacuzzi tubs and private balconies, 8 bathrooms, 4 massive Hill Country rock ﬁreplaces. Plus, partially cleared cedar (approx. 215 Acres) with approx. 17 hills and 18 valleys.

Game-Fenced, Hunting & Fishing Paradise 203± ACRES | FRIO COUNTY - The possibilities for this ranch are endless with the perfect mix of brush and improved pastures it can be used for farming, cattle or hunting. Features a 3,000± s.f., ranch home with the best of everything plus 2,000± s.f. of patios. Also includes 3,000± s. f. barn, a fully stocked lake, cattle pens, high-fenced perimeter and an abundance of wildlife.

Rare & Unique 94± ACRES | BANDERA COUNTY - Just minutes to Bandera and only 45 minutes to San Antonio. Features 10± acre, creek-fed lake, paved access, 4BR/ 3BA rock ranch home sitting right on your own private lake, nice deck, rock patio, equipment carport, barn, workshop, rustic cabin, ﬂoating dock, and lots of wildlife.

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Award Winning Sportsman’s Paradise 5,033± ACRES | COKE COUNTY - Only 30 mins. to San Angelo, this ranch was recently recognized as having the “best quail in the region.” Features a luxury 8BR/7BA hunting lodge with approx. 40± miles of ranch roads, shooting range, seasonal creeks, 60 acre lake, horse barn and a wide variety of wildlife.

Game-Fenced Rare Find & Outdoorsman’s Dream 200± ACRES | MEDINA COUNTY - Quiet and private, end of the road privacy, but only one hour to San Antonio. Features seasonal creeks, large food plots, three bird hunting stock tanks, windmill with water trough, plus an abundance of wildlife.

Junction Texas Diamond in the Rough 840± ACRES | KIMBLE COUNTY - Just minutes to Junction, TX and only 90 miles to San Antonio. One of a kind property along 1.5 miles of Gentry Creek. The property is game-fenced on three sides, and has not been hunted in many years, creating a perfect opportunity for the ideal Outdoorsman’s retreat.

Historic Boerne Rare Find! Drastic Price Reduction! 1,117± ACRES | KENDALL COUNTY - Minutes to Boerne and San Antonio’s amenities. Highway frontage, with big trees and views of the Texas Hill Country. Great for fabulous user friendly ranch or a close recreational get away for the avid outdoorsman. Lots of wildlife and great hunting, electricity, water well, hunter’s cabin and nice stock tank.

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An All Around Champion with Spectacular Variety 268± ACRES | BROWN COUNTY - Just minutes to Brownwood, Texas. Features 3/4 miles of Pecan Bayou, a major tributary of the Colorado River. Also an almost new (2008) magniﬁcent rock Hill Country hill top home with 6,800 s.f. under roof. Also a 13-stall horse barn , 6 horse walker, round pen, riding arena, outdoor cantina/ bar area, plus pool/patio/spa area.

Unique Commercial Live Water Ranch

Incredible Touch the Sky Views

The Best Live Water Ranch in Texas

36± ACRES | FRIO COUNTY - Approx. 50 RV spaces, 20 cabins, many campsites, 2 bathhouses, 3 water wells, a retail store and a main residence overlooking the river. The camp has been in operation for 60+ years, and has a huge client business. This is a real nice income producer.

96± ACRES | BANDERA COUNTY Crystal clear, live running creek with giant Cypress trees, rock cascading waterfalls, rapids, deep holes, two ponds, many springs, wildlife galore and some free roaming exotics. Plus, a hillside 3BR/3BA ranch home with all the perks.

6,600± ACRES | VAL VERDE CNTY More than 20 mi. of world’s best bass ﬁshing along with newly-improved main home, a bunkhouse, a guesthouse, water wells, stock ponds, livestock pens, high fenced areas, 150 mi. of four wheeler trails and herds of wildlife.

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Feral hogs:

A Whitetail’s Predator & Competitor

By: Mark Tyson, M.S. Extension Associate, Texas A&M AgriLife Extension Service

upporting the highest densities in the United States, Texas is home to an estimated 3.6 million whitetail deer. Texans can claim yet another accolade: an estimated 2.6 million feral hogs, the largest population in the nation.

A statewide attitude survey on feral hogs asked Texans about their opinions of feral hogs, respondents could answer: “for”, “against”, “neutral” or “mixed feelings”. The survey found that “mixed feelings” and “against” were the most common responses while “neutral” and “for” were reported by considerably fewer respondents (Rollins 1993). Whitetail deer provide hunting and wildlife viewing opportunities to over 1 million people annually in Texas. As a land manager it is important to decide what balance of the two species is right for you and your piece of Texas.

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Predator

Bobcats, coyotes, and mountain lions are the major species in Texas thought to impact whitetail populations through direct predation. While few reports exist concerning direct predation on whitetails, there are numerous reports of feral hogs preying on livestock (Choquenot et al. 1997, Pavlov et al. 1981, Plant et al. 1978). The extent to which feral hogs prey on whitetails remains to be discovered, notably because many of the remains are never discovered. Beach (1993) reported on the consumption of lambs and kid goats by feral hogs. “There are no carcasses present to detect, examine or attract vultures. Frequently, even when predation is considered, the pig escapes suspicion because people generally underestimate the hog’s capabilities as a predator” (Beach 1993).

Competitor

While research has not reported the feral hog as a major direct predator of whitetails, they do have the potential to impact whitetail populations through a different kind of predation; predation on vegetation. Diet research con-

ducted in Texas suggests that both whitetail deer and feral hog diets consist primarily of vegetation (Adkins and Harveson 2006, Armstrong and Young 2000, Lucia et al. 1999). Feral hogs consume preferred deer foods such as seasonally abundant mast. Dillard et al. (2005) reported that oak mast is highly used and seasonally preferred as a fall food source for whitetails in the cross timbers and prairies region of Texas. Sweitzer and Van Vuren (2002) reported that feral hogs significantly reduced the availability of acorns for germination and consumption by native wildlife. Feral hogs have a competitive advantage over deer when it comes to mast consumption, since they feed both by sight and smell. Taylor and Hellgren (1997) reported observing hogs excluding deer from eating acorns.

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While consumption of mast such as acorns is just one example of direct competition between whitetails and feral hogs, let’s talk about one that may hit closer to your wallet. Texans spend an estimated $50 million annually to feed 300 million pounds of corn to whitetails and other wildlife (N. Wilkins, unpublished data). This corn is often intended as a supplement or bait for whitetails, but can end up being consumed by feral hogs. Feral hogs exhibit a dominant presence at feeders, often discouraging whitetails from utilizing the supplemental feed. Rattan et al (2009) found that a 28- or 34-inch exclusion fence placed around deer feeders can prevent the hogs from reaching the supplemental feed while allowing whitetails access.

Where do you stand?

Understanding that feral hogs are both a predator and a competitor of whitetails, each land manager has a value decision to make concerning their piece of Texas. A whitetail deer management plan is primarily focused on two main factors: habitat management and population management. Is there a place for feral hogs in your whitetail deer management plan? I would argue that there should be. Reducing feral hog populations on your property can have a positive impact on whitetails and the ecosystem as a whole.

Feral hog management

Modeling data suggests that Texans need to harvest 1,716,000 feral hogs annually to hold populations steady (Timmons et al 2012). In 2010, Texas sold 1,245,532 hunting licenses; conversely, only 753,646 feral hogs were estimated to have been harvested that year. We are not going to shoot our way out of the feral hog problem; instead, a multi-faceted approach is needed to combat feral hogs in Texas. Legal methods for reducing feral hog populations in Texas include shooting, trapping, trained dogs and snaring. Strategically using each of these legal techniques will provide the best results for the time and effort invested. To learn more about feral hogs and legal population reduction strategies, visit our website at http://feralhogs.tamu.edu or email mark.tyson@ag.tamu.edu.

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Field Dreams of

By: Emily Courtney Forester/Wildlife Biologist Nature’s Eye Consulting

or hunters, the summer months can seem to stretch on indefinitely. We try to busy ourselves with fishing or planning for next season, but by mid-July we are suffering from itchy trigger fingers and dwindling meat supplies in the freezer. By the time September rolls around, we would be psyched to go on a snipe hunt. That’s one reason why dove season is so popular. It’s our first chance to get out and shoot at something after months of drawing crosshairs on deer in magazines. Combine that relief with a game bird that provides a fun social

hunt, challenges your wingshooting, and makes a tasty meal, and it’s on. However, as highly anticipated as it is, most hunters don’t devote nearly as much time and effort to planning for dove season as they do for deer or other big game seasons. Many hunters hope that they can attract some doves as a by-product of managing their deer or turkey habitat. It is possible, but to have the killer dove field that everyone is clamoring for an invite to, you have to be intentional. Even half-hearted efforts at establishing dove fields can leave you disappointed and empty handed. landassociation.org

It’s a shame; because intentional dove management is a great way to diversify your property and can offer benefits for other critters of interest as well. So this summer, give the dove field a good college try, and you just might have the best September of your life. Establishing a primo dove field isn’t rocket science, and it doesn’t take much more effort than planting a food plot. However, there are some specific strategies that will make birds choose your field over another. In a nutshell, the keys to a productive dove field are proximity to roost trees, nearby water sources, a weed-free understory, and proper planting timing. Identifying the proper location is the first and most crucial step. The optimal size for a dove field is around 5 acres. Even if you don’t have a suitable space that size, you can still produce a great field out of an acre or two. Find an open area that receives plenty of sunlight, and is adjacent to a wooded area with mature trees for roosting, as well as enough ground-level vegetation to provide escape and nesting cover. Ideally, choose a location with a nearby water source. Also, take your hunting strategy into account, just like you take stand placement into account when planning food

plot placement. Make sure there are adequate areas for hunters to set up where they won’t be shooting over the top of each other. Once you find a location, take a soil sample and have it analyzed. This will let you know what the fertilization requirements are and which crops will grow best on the site. Providing a weed-free environment at ground level under your planted food source is critical. Doves prefer to forage on bare ground where they can scratch for

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seeds, and it makes it easier for them to locate and consume the seeds. This also makes it easier for you and your retriever to find shot birds. Weeds provide cover in which predators can hide, so open ground is safer for the birds, and they know it. The best method to ensure a weed-free environment under your food crops is a combination of herbicide application and disking. First, identify what kind of weedy vegetation is present. Knowing what is there is important for choosing the correct herbicide. Glyphosate (the active ingredient in Roundup) is a good general treatment for most weeds. Remove any debris such as limbs or stumps from the area, and mow once in mid-late April. After mowing, apply the herbicide and give it time to kill the aboveground growth. When the weeds begin decomposing, disk the entire field. Disking the decomposing vegetation returns those nutrients to the soil. After disking, cover the area with a second herbicide application to kill any undesirable seeds in the soil. This will prevent the weeds from coming back once your crop is planted. Planting timing is critical and depends on which crops you choose and when the season opens in your area. There are three main

This is the same concept as roundup ready corn and soybeans. Time your planting so that the seed will begin to drop a week or two before the season begins. To maintain the field throughout the season, you can implement strip disking and/or rotational mowing. Once the crops are mature, mow or disk once every two to three weeks. These practices will provide a dual purpose: jostling the stems to get the seeds to ground level, and providing more open ground for easier foraging. If you want to take your dove field to the next level, an experienced wildlife management consultant can save you a lot of trial and error. Consult with a professional that can guide you through the process of location selection, proper site prep, choosing the correct seed varieties, and planting timing. Dove season can be just the cure for an itchy trigger finger, but only if there are doves in your field to shoot. Make sure that there are, and the work will be well worth it. The only drawback is that once you have a great dove field, the wait for September will just feel that much longer.

food types typically planted for doves: sunflowers, milo, and millet. Planting a mix of two of these is best. For example, if youâ&#x20AC;&#x2122;re planting a five acre field, plant two and half acres in sunflowers and the other two and half in milo or millet. This will diversify the food source, making the field more desirable. It will also provide sustainability to have seeds dropping at different times. Once you choose your mix, take into account the number of days it will take for the plants to mature and produce seed. There are several different varieties of sunflowers, each of which mature at different times and produce different amounts of seeds. Peredovik, black-oil, and Clearfield are some of the most common varieties. Clearflield is a hybrid variety that has been developed to be resistant to certain herbicides. You can spray over the top of these if any weeds do happen to reappear after the sunflowers are established. landassociation.org

CONDEMNATION RUNS WILD

ondemnation (also called eminent domain) has always been hard on Texas landowners. The condemning party (often the government, sometimes private pipeline or power line companies), takes your property, and there is often not much you can do to stop it. You can always seek more adequate compensation, but even then, the government (who does most of the condemning) has set up a series of obstacles. When Republicans took control of the Texas Supreme Court over 20 years ago, we expected better days for our landowner clients from what we hoped would be more conservative justices who valued private property rights. Unfortunately, the opposite has occurred. Supreme

TEXAS

By: Glenn Sodd Dawson & Sodd LLP 903-872-8181

Court decisions since then have made it far more difficult for landowners to be adequately compensated when their land is taken. These problems are compounded by the fact that there is more eminent domain now than ever before. As population increases, the desire to take your land without your consent will continue to worsen. Private property is under attack.

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Continued on page 25

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Is the Constitution Still Alive? The State can condemn your property for public uses (supposedly for things like schools). The Texas Constitution contains two sections that were supposed to limit the use of eminent domain. Article 1 section 17 states that “No person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made . . .,” and Article 1 section 19 provides that “No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.” Taken together, these Constitutional provisions are intended to ensure that a condemner (like the State) only takes private property for a

public use, after due process of law, and after providing the landowner adequate compensation.

Bad Changes to the Law Economic Development. Many of you are aware of our firm’s fights over condemning for baseball stadiums, shopping centers, football stadiums and privately-owned toll ways. Economic development is not a public use, and we argue that a privately operated for-profit highway is no more a public use than a private business would be. In Kelo v. City of New London, the US Supreme Court decided the Federal Constitution did not prevent a City from kicking longtime residents off their property and giving it to developers. In response, the Texas Legislature made

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a law to try to stop condemnation for economic development in Texas, but condemners and lobbyists managed to get too many loopholes inserted for things like “flood control”, “slums”, “blighted areas” and a host of others. Those loopholes have allowed Fort Worth, for instance, to attempt a huge economic development project along the Trinity River by calling it a “flood control” project. No More Good Faith Negotiations. Unfortunately, many of the protections laid out in the Texas Constitution and Property Code have been undermined by recent Texas Supreme Court decisions. For instance, the Property Code requires the government to attempt to agree on the compensation due to the landowner before filing suit. Older court decisions held that this

meant the condemnor must engage in “good faith negotiations”, often holding that absent good faith negotiations, the court could dismiss the lawsuit. The fear of having to start over again provided at least some incentive for condemnors to make reasonable offers to landowners, although exactly what kind of negotiations rise to the level of ‘good faith’ has always been a matter of dispute.

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However, in the recent case of Hubenak v. San Jacinto Gas Transmission Company, the Texas Supreme Court took all the teeth out of the good faith negotiations requirement. In that pipeline case, the Court held that the condemner satisfied the good faith negotiations requirement by making offers only for condemning easement rights they had no power to condemn. No offer was made for the easement actually condemned. Then the Court held that the dollar amount of an offer was irrelevant to whether it was made in good faith. Finally, the Court held that even when no offer is made, the case is not dismissed, but merely postponed while an offer is made. Taken together, these holdings remove any incentive for a condemner to enter meaningful negotiations with a landowner before condemning. If the court decides there were no good faith negotiations, it just has to delay the proceedings for a little while and let the parties “negotiate”. This is of little use to the landowner because, by that point, he or she has already been forced to incur fees and expenses for attorneys and experts. On the other hand, delaying the proceeding briefly causes little added burden or expense for condemners. In short, the Hubenak decision effectively eliminated any duty to negotiate in good faith before filing a condemnation suit. The Pipeline Value Problem. Another recent Texas Supreme Court decision has made it more difficult for landowners to collect adequate compensation for easements. As many landowners know, if you have one pipeline on your property, other people will often come along and try to lay their pipelines next to an existing one. This happens because the geographic advantages that made the site attractive for the first pipeline hold true for subsequent pipelines, and because condemners can argue that a second pipeline does not greatly diminish the value of land that already had a pipeline running through it. The way they see it, a second pipeline causes little additional damage. Thus, a landowner can wind up with multiple pipelines in a small area and have a harder time getting paid for them. This approach ignores the value of the pipeline itself, and attempts to limit the landowner’s compensation to the damage caused to agricultural land. landassociation.org

Continued on page 29

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The Law Must Be Changed Landowners normally don’t complain about eminent domain until it happens to them. On the other hand, TXDOT, water districts, river authorities, cities, pipeline companies, power line companies, etc. all have their own lobbyists working the legislature. The erosion of property rights by entities who think they know how to use the property better than the owner is rampant. Profits for the condemnor are paramount, while compensation to the owner whose land allows the profit must be fought for in increasingly unfavorable courts.

How Do You Protect Yourself? Getting involved in politics can really help. The legislature and the courts have placed a series of obstacles between the landowners and fair compensation. That said, the system is simply flawed, not corrupt, and some well-aimed modifications to the Property Code could go a long way towards making the system work the way the framers of our Constitution

intended. If landowners will support friendly groups and let their legislators know that voters care about these issues, change can be accomplished. Judges are elected. Landowners have fared better under Democratic judges than Republicans, as crazy at that sounds. However, if elected judges know that landowner defendants in condemnation suits are not the same as “phantom-injury” car-wreck plaintiffs, perhaps that will change. Ask judges about their positions on property rights and eminent domain issues before you vote. If they won’t talk to you about it, vote the incumbents out until they do. If you personally face condemnation, the Texas Property Code lays out the process. Broadly speaking, if the condemnor and landowner are unable to agree on an amount of money, the condemnor may file suit. The trial court then appoints three (allegedly) disinterested freeholders as special commissioners. The special commissioners hold a hearing, after notice to the parties, at which they recommend an amount of money the condemnor should deposit before they can

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start using the land. The commissioners’ award is not binding on either party, and if either files written objections with the court the case goes to trial like any other civil lawsuit. Of course, this summary of the process necessarily leaves out a lot of detail, and landowners must consult a competent eminent domain lawyer as soon as they are contacted by a condemning authority. Until you talk to an attorney, be very reluctant to share any information with your opponent. These often become wars, and you would not give any information to the opposing general in a war. And, if the case goes to trial, anything you have said can and will be used against you. The whole process is too complicated for you to assume it is just like any other sale. Most experienced eminent domain attorneys will educate landowners facing these problems free of charge, so you should not be afraid to ask questions.

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By: Stephanie Pruitt, Texas Corn Producers

“Whiskey is for drinking. Water is for fighting.” n Texas, there is as much truth, as there is wit, to these words, which are often attributed to Mark Twain – especially since 2011.

Water Woes

As we enter into what looks to be yet a fourth year of drought, water supply and use has become quite the prominent issue for Texans. It’s also shone as a hot topic with policy makers at both a local and state level. With last year’s annual rainfall coming in at just at 0.9-inches in Lubbock, 1.16-inches in Amarillo, 2.95-inches in Harlingen and 3.93-inches in Dallas, it’s clear water should be a prominent concern among landowners and water users alike. Lacking the annual precipitation needed to thrive, the state is relying more and more on underground resources, such as the Ogallala Aquifer in the High Plains or the Edwards Aquifer near San Antonio. Aquifers vary greatly though, making it clear a one-size-fitsall method of managing the groundwater resources across the state is illogical. For example, the Ogallala Aquifer is the largest aquifer in the United States and is a major aquifer of Texas underlying much of the High Plains region. The Ogallala is slow to recharge from rainfall – when there is any. Meanwhile, though water levels periodically and seasonally decline rapidly in wells throughout the Edwards Aquifer, they also rebound quickly with adequate rainfall. As more legislation continues to be presented related to the state’s water resources, these two examples alone highlight the need to keep water sources controlled at a local level, by the men and women who understand the area’s water sources, economy and needs.

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Conserving for the future is at the forefront of ways to curb the state’s water use – something farmers have been putting into practice for decades. The men and women that depend on agricultural production for their livelihood have been making strides to conserve water and other natural resources since the Dust Bowl of the 1930s. Much of the state’s largest agricultural production areas rely on irrigation from groundwater for a bountiful crop every year – a reliance that is amplified when annual precipitation is at record lows. After many years of use, and an intensified reliance in recent years, these groundwater resources are showing signs of dwindling or are struggling to recharge adequately to continue providing water resources to its users for the long term.

evolving technology and farming practices. Farmers like David Ford, who grow corn, cotton, wheat, and grain sorghum on more than 4,000 acres about 50 miles north of Amarillo, have seen tremendous strides in agricultural water conservation in recent years. “We’ve got to be good stewards of what God gave us,” Ford says. “We know we have to make this water last as long as possible. We’ve got to change the way we’re doing things, and we are.”

As the world’s largest users of water, agricultural producers have been improving water use efficiency through constantly

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The strides being made in agriculture through conservation are considerable. A bushel of corn is now grown using half as much water as just 20 to 30 years ago. Continued research and advances in technology play an integral role in enabling agricultural producers to make these advances. Center pivot irrigation systems now can achieve water use efficiency of more than 90 percent, and subsurface drip irrigation can be 96 percent efficient. Higher efficiency, means the water being used

is achieving its purpose of growing the crop – not being lost to things such as evaporation. These strides don’t stop at the irrigation practices themselves. In fact, Texas farmers have reported a 30 percent reduction in irrigation water use by practicing conservation tillage. Additionally, more drought-tolerant varieties of crops have been released in recent years, thanks to on-going research efforts by public and private entities. These new varieties allow farmers to produce crops despite a severe lack of rainfall, while still achieving yields that are economically feasible. The road to more water efficient agricultural practices is being paved by farmers’ checkoff dollars, such as those through the Texas Corn Producers Board and other commodity organizations, as well as efforts of USDA – Agricultural Research Service, Texas A&M AgriLife Research, local groundwater districts and others.

ally level are needed for farmers to work to conserve more of our precious resources, including water.” Helping Texas thrive The agricultural industry plays a crucial role in the state’s economy. While a fully comprehensive study has not been completed yet, the Texas Department of Agriculture estimates that the industry contributes more than $100 billion annually to the Texas economy.

Technical assistance and costshare initiatives, including the Environmental Quality Incentives Program, through the USDA – Natural Resources Conservation Service enable farmers to more affordably put these conservation practices into use, yet these funds are limited. “We are doing the best we can to utilize practices that best conserve our resources,” Ford says. “However, the costs of new efficient irrigation systems and drought-tolerant seeds are very expensive. Further support at both a state and feder-

In 2012, a study conducted by Texas Tech University and Texas A&M AgriLife Extension found crop production supported more than 103,000 jobs and generated more than $12.2 billion in economic activity in the High Plains region alone in 2010. “We’ve always known crop production was a huge part of the economy of this region,” Darren Hudson, Ph.D., the Larry Combest Endowed Chair for Agricultural Competiveness at Texas Tech and one of the leaders of the research said when it was released. “Now we have a comprehensive model that can measure in dollars and jobs the total amount of economic activity generated by growing, selling and processing crops in the Texas High Plains.” The local groundwater district in Ford’s area is working with area farmers to determine ways to best utilize their water resources, while still producing viable crops that contribute to the economy. “I’m working with the local groundwater district, along with other farmers, because we need to find ways to grow bigger crops with less water,” Ford says. “We

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need to find ways to conserve water without damaging the economy and killing jobs.” Ford notes that the path to saving the region’s underground water resources doesn’t lay in the farmer’s hands alone. “Farmers can’t be expected to save the Ogallala all by ourselves,” Ford explains. “Everyone who lives and works in this part of Texas benefits from the economic activity and jobs created by agriculture and everyone benefits when we conserve water.” Growing more with less With rapid population growth in urban areas, Texas leads the national in the amount of agricultural

land lost annually. With irrigated agriculture producing much higher yields per acre, it enables Texas farmers to grow more food for more people on less land.

Additional information about water issues and concerns in Texas, as well as the state’s corn industry is available online at www.TexasCorn.org.

While water may be for fighting, let’s remember not to shoot ourselves in the foot in the process of conserving this valuable resource. We need a viable Texas economy and future generations of Texans around to reap the benefits. “No one has a bigger stake in conserving water than farmers,” Ford says. “My family has been farming in this area for six generations, and I want it to be here for my children and my grandchildren.”

You own land in Texas It’s a major investment for you and for generations to come.

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Property Highlight By: Kalyn Hodges Hodges Ranch & Sterling Lamb Great-great grandaughter of Founder L.C. Hodges Photos provided by Kalyn Hodges

Ranching is an i足ndustry that, no 足matter the strides taken for innovation, 足tradition remains 足timeless.

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Hodges Ranch, Sterling County, Tx Acreage: 6800

ike many families in Texas, we have made a living working the land for generations. Back in the 1800’s, during the height of westward expansion, the Hodges Ranch was established by pioneer ranchman Lewis Crain (L.C.) Hodges in what is now southern Sterling County. The ranch primarily engaged in raising cattle and horses until 1907, when the family purchased the first flock of sheep. Sheep production then became the primary focus of the Hodges Ranch, and has since been the case with every generation following. Entering the sheep industry was a gamble at first, not necessarily regarding land compatibility, but rather acceptance. Hodges Ranch had only begun to take small steps into the industry with a few commercial head of Delaine Merino. Lewis Fred Hodges (L.F.), son

to L.C., had been sent into San Angelo, TX to purchase Delaine rams to build on their young flock. Delaines were introduced into the U.S. at the end of the eighteenth-century, taking strong hold in Texas due to their Spanish heritage. Upon his arrival, L.F. saw a flock of Rambouillet sheep step off a train sent from California,

he was floored by their size and demeanor. Rambouillet were introduced to the U.S. in 1840, making their first journey across the pond from France, and are the largest of fine-wool-producing breeds. Using the money he was supposed to purchase the Delaines with, L.F. took a leap of faith on some newcomers to further their advancement into the sheep industry.

Talking Numbers: Hodges Ranch Sheep Head Count • White Hair Sheep: 2000 • Rambouillet: 200 • Delaine: 70 • Suffolk: 160 • Hampshire: 20 • Ile de France: 85 landassociation.org

As has always been the case, the Hodges Ranch produces lambs in the most sustainable, natural way possible with regard to current weather and climate conditions. What began as a flock you could count on your fingers has evolved into an approximately 2,500 head operation. Our Rambouillet’s hold the same genetics from the original flock, but have continuously—over the century—been bred to build upon those attributes to meet growing demand in production.

• Fine-wool sheep are used solely for their fl eeces • Sheering takes place annually in the later part of March • Each animal can yield anywhere from 11 - 12 lbs of wool

Today, our fine wool fleeces (from the Rambouillet and Delaine Merino) average yield per animal is approximately 11-12 lbs. In recent years, our operation has transformed from a wool production ranch, to a primarily meat-producing venture. While we do continue to maintain the ranch’s original livelihood, we have followed the market demands and evolved into the world of hair sheep. These hearty hair sheep (White Hair Sheep) easily adapt to the

• Neighboring city, San Angelo, is known as the Wool & Mohair capital of the world • All wool is sold directly to Anodyne Inc. in San Angelo, Texas

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Hair sheep rub structures—such as fences—to help shed their coat but tend to keep hair on their backs, helping prevent irritation from flies arid west Texas environment. These sheep are not as sensitive to climate change as their wool producing counterparts, making them a more familiar sight in Texas every day. This trait, alongside their hit-the-ground-running lambing capabilities make for a high lambing crop of 150%—

meaning that that the average ewe will produce 1 to 2 lambs every 8 months. While they do carry a smaller frame size than other breeds, they have a number of characteristics that make them a viable player in the industry. As their name would depict, these sheep are hair producing rather than wool. White Hair Sheep grow a winter coat, but come spring it sheds easily—an attractive trait for the rancher looking to reduce time and money spent on upkeep. What truly sets these sheep apart from the typical meat producers (i.e. Suffolk and Hampshire), is the quality of meat they produce. We see a greater feed conversion with the White Hair Sheep as opposed to our other breeds. This is mainly due to the animal’s body being focused on growth rather than wool coverage. Also, sulfur and lanolin levels are significantly lower in the meat. They are associated with wool production and gives the meat the overly intense flavor.

Angus crosses are another venture within the ranch, while they are a secondary operation, there are still approximately 300 head Like any agriculture production industry, the most relative aspect controlling the wellbeing of our flock is rainfall. One of the hardships faced with the western portion of the state is seemingly perpetual drought. Farmers and ranchers have always been tied to the soil, and rain is a chain reaction effecting everything it touches.

If the sky has been generous, our sheep may be considered “grass fed” by today’s standards. With increased rainfall comes higher lambing crops and cheaper feed bills due to greater grazing potential. With every good there is a counter—high amounts of standing water may lead to the need for more vaccinations due to greater potential for parasite invasion.

Hodges Ranch is moving toward harnessing solar radiation as a more reliable source of energy for wells, as opposed to windmills

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tency in the fat marbling, the loin area grows to a larger and more appealing size, and they don’t put on a thick layer of excess fat that would inevitably require trimming during meal preparation. We process approximately 200 lambs quarterly with Frontier Meats in Ft. Worth to be used for our specialty meats brand, Sterling Lamb.

Sheep are especially susceptible to contracting conditions resulting from excessively humid climates and abundances of stagnate water, making their home in the west portion of the state more suitable than areas of east or coastal Texas.

When conditions are less than favorable, the animal’s diet is supplemented with cotton seed and/or hay grazer. We opt out of finishing the lambs on a high concentrate diet to retain the integrity of the sheep. By feeding the sheep a consistent diet throughout their lifetime, there is a greater consis-

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Sterling Lamb, headed up by Clinton Hodges—grandson of ranch-founder, Lewis Crain—is an operation under the Hodges Ranch umbrella. Since its inception in 2009, Sterling Lamb has been producing superior quality lamb products for restaurants and direct consumer sales. Sterling Lamb meat products come exclusively from our White Hair Sheep stock. This is done to create a superior meat that ensures consistency. Just as has always been at the Hodges Ranch, family drives our culture. As a multi-generational operation, we are able to utilize our abilities for the greater advancement of the ranch. For more information on Hodges Ranch or Sterling Lamb, contact Kalyn Hodges at kalyn@sterlinglamb.com, sterlinglamb.com or facebook.com/SterlingLamb

Doing something on your property? Tell us about your project! We highlight unique projects on private property in Texas. Email us about your project and we’ll share with other landowners. What kind of projects do our members want to see? • Conservation Projects • Lake Construction • Fence Construction • Clearing • Federally Funded Projects • Prescribed Burns

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Hunters, anglers & outdoorsmen

GET READY.

The 24th Annual Texas Hunters & Sportsman’s Expo is coming back to the new McAllen Convention Center July 18-20th. “We have had solid crowds over the past 23 years and the show’s attendance continues to grow each year,” said show co-director Chris Curl. “This 3-day weekend event is expected to draw several thousand hunting and fishing enthusiasts and visitors from both sides of the border.” Exhibits for everyone, including women and children, and all types of retailers representing all price levels will be on-hand for attendees to check out. This year we have added another 65 exhibitors. We are growing and it shows. If you missed last year make sure not to miss this time. Bigger is Better...... Want to go on a great hunt? The Texas Hunters & Sportsman’s Expo is recognized as the highest-quality hunting and fishing show in South Texas, with outfitters from across the United States, Canada, Mexico and Africa booking hunts for white-tailed deer, big game, exotics, bear, moose, elk, mule deer, turkey, quail, dove and waterfowl. Is fishing more your thing? Come and speak with trophy guides for bass and saltwater game fish. Also, a huge display of boats, motors, rods, reels, fishing lights, tackle and more are waiting for you this year.

This year’s expo will be held at the New McAllen Convention Center Manufacturers and dealers will also be on-hand offering special show prices on hunting blinds, ATVs, camouflage clothing, ranching equipment, tractors, hunting accessories, supplies and more. Ron Hoover RV center will be on hand with a large display of travel trailers that will fit your budget and that next adventure with your family. “Curl says” he will guarantee you that you will not find fishing equipment (Rods, Reels, and accessories ) cheaper anywhere else in the RGV, than here at the Expo. “This is a show the whole family can enjoy,” said show co-director Justin Curl. “There is something here for everyone — wildlife art, hand-crafted rustic furniture, barbecue pits, smoked meats, gourmet foods and jewelry are just a few of the exhibits and attractions. Another crowd-pleasing favorite is the free samples of wild game barbecue and Pan de Campo that are handed out to visitors throughout the weekend.”

Other features include:

• World-class whitetail taxidermy displays • Trophy exotic exhibit by La Coma Ranch, Inc • F&T Motorsports will be onhand to with a large display of ATVs and motorcycles • landassociation.org

• Hourly giveaways, including hunting trips, gear and more • CCA boat raffle • Wildlife artist(s) David Drinkard and Don Breedan will be on hand • Game Guard Camouflage dealers on hand • Deer Blinds, Feeders, BBQ Pits, and much more • Dargel Boats will have a huge display of the latest fishing boats * Lady’s Exhibits too- shop while your husband shops for that hunt or fishing trip * World Famous Tecomate Ranch will be at the show booking hunts

Children under 12 get in free!

Compliments of L&F Dist. and Academy Sports & Outdoors. Door prizes and giveaways could make anyone a winner. “In a nutshell, this show is designed for the sportsman and his family by sportsmen who know what they want,” Curl said. “This is the type of show people can attend and leave with a feeling of satisfaction. “It’s all under one roof … A sportsman’s paradise.” For more information, call (956) 664-2884, or go to www.texashunterassociation.com.

Coffee & Shale Fractures By: Detlef Hallermann, Ph.D. Director, Reliant Energy Securities & Commodities Trading Center Director, Trading, Risk & Investments Program Texas A&M University

sat down with my wife on the back porch during one of those rare spring mornings where the temperature was cool and the birds were singing during April. When poised to construct this article, my goal was to find a way to explain shale fracking and fracture treatments without putting readers to sleep. Obviously, an easy task. I started explaining to my wife the virtues of porosity, permeability and flow rates. Slowly, her eyelids gently dropped to cover her eyes and I lost my audience (being a professor, I have come to notice this behavior in my lectures). That is when I realized explaining fracking AND keeping the audience awake is harder than I originally thought. As a cool breeze crossed the porch, my wife startled awake and wandered off, mumbling about strong coffee. That is when the lightning bolt (for me, static electricity) of enlightenment hit. Fracking for oil and brewing a good cup of coffee are more alike than we would like to think. To get a good cup of coffee, we need (stay with me): • A cup • Roasted coffee beans • Water • A way of extracting the coffee bean flavor into the cup. The same holds for recovering oil and natural gas from shale (bear with me).

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Roasted Coffee Beans: It goes without saying, that you cannot have coffee without coffee beans. Similarly, you cannot recover oil and natural gas unless the hydrocarbon is there to begin with. If we go back to around 95 million years ago, the entire Midwest region of North America was underwater (image 1). The erosion of the Rocky and Appalachian Mountains deposited rocks, pebbles and silt into this ocean via rivers. The sandstone deposits became beaches and the silt deposits became swamps (think of the Mississippi river in Southern Louisiana). Often, the beaches and swamps would move so that silt would be deposited in an area for a few hundred thousand years followed by sand being deposited for a few hundred thousand years and back again. Over the millennia, these deposits were covered by more lay

ers of eroded sand and silt deposits until the original sand or silt was thousands of feet deep. The weight of the sand silt above would cause these deposits to evolve into layers of compressed rock; sand has become sandstone and silt as become shale (image 2).

image 2 To continue the analogyâ&#x20AC;&#x2122; imagine a swamp (image 3 on next page). As the silt is deposited in the swamp, the trees, algae and animals go through their existence. As they go through their lifecycles, their remains are deposited in the swamp bottom with the silt. As the silt and sand deposits accumulate, the plant, tree and animal remains are

image 1

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produce the crude oil and natural gas. The natural gas and crude oil would flow to the well because the overburden pressure would propel the hydrocarbon to the well. The vertical well in a sandstone formation is a corollary to brewing coffee using the old coffee pot and paper filter.

Improving the Coffee Press:

image 3 absorbed into the silt. The plant and animal remains are ultimately crushed into natural gas and crude oil molecules and trapped within the silt. For our analogy, the silt that has turned into shale is the coffee bean and the natural gas/crude oil is the flavor trapped in the bean.

The Cup: It used to be, all we needed for a cup of coffee was a Styrofoam cup and a little Community blend to throw into a pot. Now, for a brew to be considered respectable coffee, it needs to come in a pre-heated ceramic cup of artistic proportions. Similarly, the idea of what is a suitable cup has changed in the oil industry as well. Bear with me and I will explain. The major difference between sandstone and shale is the sandstone has small pore space between the grains of sand, whereas the

shale is impenetrable to water (I tested this by pouring a cup of coffee on the slate floors in the kitchen. An hour later, the coffee was still there and the wife was still angry).

In the 1990â&#x20AC;&#x2122;s capturing the coffee flavor in the bean took on a life of its own. Milks, syrups and steam were added to coffee. It was served over ice and in cups smaller than my thumb. Ultimately, it was all done, to capture more flavor from the coffee bean. Just as the espresso machine replaced the coffee pot, horizontal drilling and fracture technology has changed the traditional methods for recovering hydrocarbons. Just as we want to release more flavor form each coffee bean, we wish to recover more hydrocarbon per well. Historically, a company using a vertical well in a sandstone reservoir may recover 10% of the total petroleum in the formation. By applying new technologies, crude oil and natural gas previously uneconomic are now recoverable.

To create a petroleum reservoir, a portion of the crude oil/natural gas trapped in the shale would be squeezed out of the non-porous shale into the porous sandstone that had been deposited above/ after the shale. It would migrate, being pushed up by the overburden pressure of the rock above it. The molecules stop when they are trapped by the next layer of imRural Land Loans penetrable shale. Country Home Loans Historically, Farm & Ranch Loans energy firms would drill verLivestock & Equipment Loans tically down to Contact Teresa Turbeville Operating Capital Dayton Credit Office the sandstones Agribusiness 936.258.2687 that containing Financing CapitalFarmCredit.com the trapped T E X A S â&#x20AC;&#x2122; L A R G E S T R U R A L L E N D E R petroleum and landassociation.org

Horizontal drilling is the ability to turn from drilling vertically to drilling horizontally. Instead of drilling vertically through a reservoir that may be thirty (30) feet thick, by drilling horizontally the engineer can drill several thousand feet along the length of the formation. It is now common to drill more than a mile (5280 feet) along the formation when drilling horizontally. Earlier, we described how hydrocarbon has traditionally been produced from sandstones where the crude oil and natural gas is not trapped and can flow to the well. We correlated the hydrocarbon to the flavor in the coffee bean. However, now the hydrocarbon (coffee flavor) is trapped in the impermeable shale (coffee bean). It would require six hours of boiling to create a cup of coffee from whole coffee beans. Similarly, it would take decades for oil trapped in the shale to migrate to the well if the formation were to be kept whole. To get the most flavor from the bean, we grind the bean. We wash the coffee grinds with boiling water to free the coffee flavor from

the bean. Fracture treatments effectively do the same thing. A fracture treatment is designed to shatter the impermeable shale into ground rock. This enables the hydrocarbon to flow freely from the rock to the wellbore. To create the greatest surface area for the hydrocarbon to escape from the shale, we shatter the shale formation. We do so by injecting hundreds of gallons of water per minute into the shale, shattering the shale. The result is the equivalent of throwing a rock through a car’s windshield (image 4). We follow with injecting a sand media that stops the fractured shale form becoming impermeable again. In a horizontal well, we can repeat the fracture treatment multiple times, fracturing the formation every several hundred horizontal feet. The combination of drilling horizontally and fracturing the formation is enabling wells to produce at astonishing rates. Prior to horizontal drilling and fracturing treatments, a vertical well in a shale would most likely not produce any gas or crude oil at all. Now, there are shale wells in

image 4

North Dakota that have had initial production levels of over 7,000 barrels per day. Similarly dramatic results are occurring in Texas and Pennsylvania. The same week I am writing this article, North Dakota is celebrating having produced its on billionth (yes, billion with a B) barrel of crude oil.

Spilling the Coffee There has been a significant amount of media attention attributed to the safety of fracture treatments and water. I will try to give you both the pros and cons for the argument. First, the downside: • It takes a lot of water to frac a well. A typical Eagle Ford well will inject a slurry (water, frac sand and chemicals) at a rate of 30 – 60 barrels per minute (1,200 – 2,500 gallons per minute). • The slurry (minus the sand) is recovered as a part of the well producing hydrocarbons. The production water is captured and injected into salt water disposal wells. Typical depth for a salt water disposal well is 3,000 feet, well below and isolated from any fresh water aquifers. • Thus, the water used for frac’ing a well is typically produced as waste water and injected several thousand feet below the water table. Now the upside: • As part of the well drilling process; fresh water aquifers are aggressively protected as part of standard practices. Here is how o Once the well is drilled past the fresh water zones, drilling stops

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and a permanent pipe (surface casing) is set into the hole and cemented in place. All of the fresh water zones that a person may tap are isolated behind the cement and casing. o Typically, one to three more casing strings are cemented in place separating the producing region from the local aquifers. Thus, in a typical Austin Chalk or Eagle Ford well, one has three sets of pipe and cement that separate the production from the fresh water aquifers. o This technique of protecting the fresh water aquifers has successfully been used for decades. • In a recent article by the Center for Energy Economics, University of Texas, the authors argued more fresh water is used and lost to the environment to generate one mega-watt of electricity at a coal plant than is used per MW to frac a shale well and produce the gas required to generate the same mega-watt of electricity: “Recent increased production and low price of natural gas have revolutionized the electric power industry, with natural gas plants representing 47% of net generation in 2011. Natural gas is the only fuel that can readily support the three basic generator technologies.

Generator technology is the primary control on water consumption, with highest consumption for steam turbines, no cooling requirement for traditional gas combustion turbines, and cooling requirements for natural gas combined cycle plants being about 1/3 of requirements for steam turbines because they generally combine 2 combustion turbines to 1 steam turbine. Switching from natural gas steam turbines to combined cycle generators represents increasing energy or thermal efficiency, because waste heat from combustion turbines is used in steam turbines in combined cycle plants, reducing water consumption relative to steam turbine generators by a factor of about 3.” • Thus if while drilling the well, casing and cementing is performed as designed and approved by the governing agencies (e.g. Texas Railroad Commission), then there should be no threat or potential damage to the local aquifers. • Finally, continuing breakthroughs in frac technology continue to decrease the amount of water required and increase the potential that the produced frac water may someday be recycled back to fresh water.

The Cup of Joe So what is the “shale revolution”? The energy industry is taking two separate technologies that it has developed over the past twenty plus years and applying it to drilling and producing in shale instead of sandstone. In the process, the industry is recreating the domestic energy industry and turning the world energy markets upside-down. In the simplest sense, the energy sector is doing nothing more than the coffee industry did in the last two decades. Bistros and coffee shops have developed new methods to grind and brew coffee to release more flavor from the roasted coffee bean. The energy sector is taking a cue from the local bistro or donut shop by applying the same techniques. The bistro is grinding the bean to release the greatest roasted coffee flavor into your morning beverage. The energy firms are drilling into and grinding shale to enable the hydrocarbon “flavor” our country’s economy desires to flow. Let’s hope that just like our morning cup of coffee wakes us up; the “shale revolution” wakes up our economy and stimulates our North American economic growth for the next few decades.

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An Excerpt from Sharing the Common Pool, written by Charles R. Porter Provided by Texas A&M University Press

oday close to 90 percent of Texans live in an “urban” area. Water rights are generally overlooked by urbanites because their water is immediately available from the “taps” in their homes. The size of the monthly water bill and any emergency rules concerning irrigation of plants and grass are usually the only limitations people living in cities experience in regard to their right to use water. If city dwellers pay their water bill on time and follow the landscape watering rules, then their water right is generally secure and hardly ever comes to mind. People living in the “country” have a different and sometimes more respectful attitude toward water. The domestic, livestock, and irrigation water used by people living in rural areas flows from their own underground wells or, less often, from nearby surface water. These people tend to be more aware of their water rights because access to the water, the quality of the water they draw and use, and the daily maintenance of the pumps and storage tanks are their sole responsibility. Whether someone’s water source is from a seemingly unlimited municipal supply or from a private rural well, the right to the water does affect everyone living in drought-prone Texas. Why? Because all water comes from one hydrologic cycle as it circulates from the

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land to the sky and back again, and water at all times exists in nature conjunctively, or interconnected. Water is the ultimate zero-sum game: the volume of water used by one right holder sourced from our common pool of water ultimately diminishes, to some degree or other, the volume of water available to other water rights holders. Almost all Texans, when asked, profess confusion about water rights. Water rights in Texas vary: between water flowing on the surface and water underground, from regulatory agency to regulatory agency, from place to place, and from time to time. Texans buy, lease, and sell real estate thousands of times daily. In addition to the significant impact water rights have on the value of property, statutory obligations have created a need to understand water rights because all known defects in real property must be disclosed to any potential purchaser during the time the purchasers are making their decision to buy. This duty to disclose any known defect, including a defect in water rights, is shared by sellers, lessors, and their real estate agents. Buyers and lessees must know about the water rights to a property they are considering, so they must know what questions to ask. As water becomes scarcer throughout the state due to population growth and inevitably recurring droughts, the need for sellers, buyers, and real estate agents to fully understand the water situation associated with any property for sale has become critical.

The Unique Characteristics of Water and Water Rights in Texas Determining a water right in Texas depends on which of three geological containers holds the water. The first container is surface water, or water that flows on the surface of the ground in a watercourse. The State of Texas owns the water in a watercourse. The assessment of what makes up a watercourse can be complicated, so the safest way to look at ownership of surface water is to consider all water flowing in any stream or area with bed and banks to be surface water. Surface water is not yours to own but, except in unique situations, is owned by the State of Texas. Knowing this may save you many dollars in fines and hours of angst. If you have a question about surface water ownership on real property you own or are considering purchasing, ask the Texas Commission on Environmental Quality (TCEQ) for a determination. The second geological container is known as diffused surface water, or rainwater that runs off your roof or landassociation.org

over the surface of your land without flowing in a stream or channel. The water in this container is owned by the landowner. The third container is groundwater, or water held underground in aquifers and pools. Ownership of groundwater in Texas was debated for many decades, but in the fall of 2011 the debate ended for all practical purposes when the Texas legislature passed a bill (generally known as Senate Bill 332 by Fraser), which states, “The legislature recognizes that a landowner owns the groundwater below the surface of the landowner’s land as real property.” The bill was signed into law by Governor Rick Perry, effective September 1, 2011. Water is the ultimate example of an element of nature that exists in a conjunctive state. Surface water, diffused surface water, and groundwater are, have been, or will be ultimately in union with one another; water exists in a conjunctive relationship in all three geological containers all the time. Diffused surface water feeds both surface

water and groundwater. Groundwater feeds surface water both in the underflow and via natural springs. As water flows downhill above or below ground, the containers feed and deplete each other visibly and invisibly. This conjunctive relationship is a key concept that must be grasped in order to understand water rights in Texas. This law of nature, when applied to water ownership in Texas, complicates the debate since even with modern technology we cannot yet “see” underground. Every human being, creature, and plant on earth shares a common pool, draws from it all the time, and is utterly dependent upon it for existence. Water is the “common denominator” of all life on earth. Water exists in one constantly churning hydrologic system. Human use of water affects the hydrologic cycle, usually quite drastically. Water is in constant motion flowing through this cycle. As water moves through the cycle in Texas, its ownership continuously changes.

to this water molecule change between private and public ownership. The fugitive nature of the molecule is a root cause of some of the confusion over water rights in Texas. For example, when the water molecule comes to a landowner’s property via a rain shower and does not enter into a watercourse, then this water molecule is owned by the private landowner and is considered diffused surface water. If that same water molecule percolates into the soil before it evaporates to join the gaseous stage of the hydrologic cycle, it becomes groundwater, which is also owned by the private landowner. However, if and when the same water molecule runs off the landowner’s property and into a watercourse or stream, thereby becoming part of the flow, the molecule enters the geological container known as surface water and is owned by the State of Texas. Even when landowners have an adjudicated right to surface water in Texas, they hold only a “usufruct” right, or a right to “use” surface water, not to own the surface water itself.7

Ownership of a Water Molecule in Texas Imagine tracking one water molecule in various stages in the hydrologic cycle in Texas. As the water flows through the cycle, rights

Natural springs are the most cherished and by far the most visible intersection of a water molecule’s change in ownership as it flows through the cycle. While the molecule is in the ground

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before it emerges from a spring, it is groundwater owned by the landowner. When the water molecule emerges from the spring into a pool without running into a watercourse or stream in Texas, the water molecule remains the landowner’s property. Once the water molecule emerges from the spring and flows into a watercourse or stream, the State then owns it. The significance of the one water molecule example is that water exists in a conjunctive relationship, resulting in an ever-changing chain of title in Texas. Understanding of that chain of title is crucial for landowners, who need to understand water rights when buying, selling, and leasing real property in Texas and to be prepared to participate in the debate surrounding the issues we face in order to secure a sustainable and bright future in our arid, droughtprone state. Charles Porter is assistant professor of history at St. Edward’s University in Austin and a licensed real estate agent and broker. He has been a presenter and panel moderator for the Texas legislature, at the Texas Groundwater Summit, and at a joint conference of the Texas Rural Water Association and Texas Water Conservation Association.

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ABBA American Brahman Breeders Association

American Brahman - For All The Right Reasons By: Chris Shivers, Executive VP, ABBA

n the Southern United States, the cattle are still king, but so is the heat. Though it varies from coast to coast, the majority of the region spends almost a third of the year facing temperatures over 90 degrees and almost half the year with temperatures over 85 degrees—a climate uncomfortable to humans, but potentially deadly to livestock. Originating from several Indian breeds of cattle that thrived in regions where insects, disease, dry harsh terrain and the extreme temperatures were the norm, the Brahman is a true masterpiece of genetic design—a breed as easy to raise as they are to recognize. A product of the Guzerat, the Gir, the Nellore and the Krishna Valley breeds, the American Brahman was born of necessity for hearty beef- and milk-producing cattle that would not struggle amid the often un-cattle-friendly Gulf Coast climate. Similar in appearance to the Zebu (or Bos indicus) native to India, Brahmans feature a variety of colors (light gray, red and black), but a well-defined hump between the shoulder blades and heavy dewlap under the neck are the truly distinctive traits. For Brahman, every aspect of their physique contributes to their productivity and resilience. To protect themselves from the sun’s rays and excessive heat, Brahmans have dark pigmentation encircling the eyes that helps prevent

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cancer eye, loose skin with thick, glossy hair (with reduced sulphur demand for growth) that provides a thermal barrier and an increased size, as well as a number and productivity of sweat glands that allow them to sweat freely. Normally, where heat reigns, forage suffers. In addition, Brahmans better utilize low-quality browse and require less water intake (resulting in reduced urination and nitrogen loss). Their digestive

“What’s exceptional about Brahman’s is their low maintenance and adaptability,” said Chris Shivers, executive vice president and a 14-year member of the American Brahman Breeders Association (ABBA) Staff. “These animals will survive in places where raising cattle was thought impossible, and the rate of their influence has expanded faster than any other breed in the world. At ABBA, our priority is to educate cattle producers about these wonderfully diverse animals

For example, Bos taurus are known for their excellent muscle patterning and beef production, but are highly susceptible to heat and disease. Bos indicus function well in rough climates and are known for their adaptability, hardiness and efficient beef production. American Brahmans marry the best of both parents, and when partnered with varying breeds, naturally produce high-quality first-cross (F1) offspring. Second to none in attaining this level of heterosis, this innovative crossbreeding results in offspring with superior weight, carcass efficiency and reproductive performance. F1 females possess an unprecedented maternal instinct. Born to nurture, the females have a lifespan that surpasses that of any European breed, an extended breeding window, often 50% longer than many other breeds, a fierce protective nature toward calves from predators and the ability to produce high-quality milk in vast quantities.

efficiency allows for superior muscle and tissue development even on low feed intake, as well as the ability to recycle nutrients through the blood stream and saliva. Their cattle tick resistance stems from a sleek coat unfavorable for tick attachment, an immune response that prevents tick development and chemicals in the sweat that act as a repellant. Brahmans can also travel extensively and produce the maximum quality of beef and milk from minimal resources.

and the numerous benefits they bring to the ranching lifestyle.” Alone, Brahman cattle offer a wealth of positive aspects, but when crossbred with European Bos taurus, the result is exceptional hybrid vigor (heterosis). This term refers to crossbred offspring who possess superior traits to their parents—a result most effective when breeds with differing traits are introduced.

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“In essence, an F1 female is unmatched. She has a higher bred-in environmental adaptivity, increased milk production, higher fertility and heat and the disease resistance of her Brahman parent,” Shivers said. “These aren’t your regular cattle. They’re strong, resilient and are highly regarded by commercial cattlemen as a maternal machine with few peers. And their offspring are a direct reflection of that quality.” Due to these profitable traits, cattlemen demand the F-1 female and are willing to pay more due to these cattle doing more for longer. A recent analysis was done of the major stock show

sales in the State of Texas and it was found that the ABBA Golden Certified and Certified (verified genetics) cattle brought a premium of over $200/head compared to the other breeds and breed crosses. This is significant where it counts the most, the trips to the bank. In addition, F1 steers have their own distinct set of attributes, including rapid growth, efficient gaining and excellent beef quality. They produce high-cutability carcasses with less excessive fat, but still retain the exceptional standard of quality, flavor and tenderness in demand worldwide.

Today, American Brahmans have found homes around the world, with local ranchers and breeders importing the cattle in order to improve the quality of native livestock. From Mexico to South America and Asia to Australia, American Brahmans have made their mark where cattlemen desire the best performance from their herd. When considering a breed known for exceptional production, maximum efficiency and unparalleled versatility, Brahman is the choice for all the right reasons. Not only is the American Brahman a great breed of cattle, but is backed by a great organization. Founded in 1924, the American

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Brahman Breeders Association is headquartered in Houston, Texas and is the Official Breed Registry for the American Brahman Breed. In addition to maintaining the parentage and ownership records of the American Brahman cattle, they also offer a number of membership, breed improvement, promotion, marketing and educational programs. For more information on the American Brahman and the American Brahman Breeders Association, please contact Executive Vice President Chris Shivers at 713 349-0854 or cshivers@brahman. org. Visit www.brahman.org for more details.

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Seasonal Wildlife Practices

Spring & Summer

By: Craig Bowen Plateau Land & Wildlife Management

Wildlife Activities

for your Wildlife Tax Valuation

pring and summer can be the best time for Texas landowners to enjoy their properties. The weather is fair with intermittent rainfall, and usually warm enough to get out and enjoy looking at wildlife and conducting some meaningful wildlife activities. These seasons are also the breeding season for much of Texasâ&#x20AC;&#x2122; wildlife, so the activities Âconducing during this time period can be very important to many different species

White-tailed deer are coming out of the hardships of winter, and the bucks are beginning to grow new antlers while the does are finishing the last couple months of gestation before fawning in June and July. One feeder per 100 acres is usually enough to qualify for most species.

Supplemental Food Feed and mineral supplementation is especially important to breeding birds and white-tailed deer during the spring and summer. Most of the birds in Texas between March and August are breeding, and can use all the food they can get. Later in the summer there are fewer insects, and a lot birds begin eating seeds and will utilize feeders more than other times.

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Supplemental Water Regardless of well overflow, floatfilled troughs, or water guzzlers, supplemental water is important to all wildlife during the spring and summer. If using supplemental water devices, spring is a key time to get these installations done and get the water guzzlers operational. Spring rains usually peak in early May, so getting these guzzlers filled before a dry period can mean a lot less additional work hauling water to a rainwater collection system later. One supplemental water device per 100 acres is usually enough to qualify for most species.

Predator Control Fire ants are very active between March and September, and this is the best time of the year to conduct effective individual mound treatment. Consistent treatment for at least 4 spring and summer months is very effective and killing or relocating mounds. The greater of 10 acres per year need or 10% of a treatment area need to be treated to qualify.

Supplemental Shelter Supplemental shelter for breeding songbirds is especially important during the spring and summer. These birds are breeding and laying eggs, so nest boxes are a great way to attract and aid these species. Turkeys are finding nesting habitat, so half-cutting and well-placed brush piles can be very important to turkey hens. The intensity requirements for supplemental shelter vary, but nest boxes need to be concentrated in at least one nest box per 5 acres (not to exceed 40) to qualify throughout most of the state; one next box per 3 acres is the requirement east of Interstate 35.

Habitat Control Spring and summer is a great time to do brush control, but be careful your projects do not interfere with songbird breeding. The typical breeding season runs from the middle of march until early August, so if you have sensitive

habitat or are especially concerned about songbirds, you may want to avoid this time frame. To qualify, treat at least 10% of a designated brush management area, with the treatment area not exceeding 10 acres annually.

Feral hogs pose a significant threat to native wildlife, and can most effectively be hunted at night during the spring and summer. To qualify, it is recommended a landowner hunts or traps at least 4 nights per month during these peak activity months.

Grazing management during the spring and summer can be very important. Regulating grazing, rotating cattle, sheep, and goats, and limiting herd size can significantly improve grass and forb growth, providing food and shelter sources for wildlife that would not have existed without monitoring livestock use.

Census

Erosion Control The summer months can be the best time to evaluate whether an existing pond needs to be repaired. Dam issues, substrate deficiencies, excessive silt, and adjacent erosion are all issues that can be looked at and remedied during a dry period. One project usually qualifies for a 10-year period.

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Spring breeding bird surveys are some of the most fun and successful wildlife surveys a landowner can conduct. The birds are bright, loud, and active, and the weather is usually enjoyable during the dawn hours’ “morning chorus.” The great thing is, one spring survey per year will qualify for the Wildlife Tax Valuation, though the winter and resident survey is equally important for management’s sake. Spotlight counts for white-tailed deer are usually conducted in late summer, and are a qualifying activity that can accompany acquiring MLDP or ADCP permits. Aerial deer surveys, while usually conducted in the winter on heavily-wooded properties, can be conducted in south and west Texas during the late summer.

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Project Highlight By: Luke Murray Texas Landowners Association

Choppers in the Air

ust west of Fort McKavett, TX lies a ranch made up of beautiful west central Texas hill country. The ranch lies between 3 non contiguous tracts that total 20,000 acres across Schleicher, Sutton, and Kimbal counties. The property, known as the AC Ranch, is a fully functional wildlife and livestock ranch. Operations include exotic hoofstock hunting, full whitetail operation (raising, breeding, live sales, on-site hunting), and ranching of cattle and goats. They also host weddings, skeet and sporting clay shoots,

four-wheeling events, and are in the works of becoming firearm dealers for Berretta, Browning, and Benelli. The ranch has been in operation under its current owner (Charlie Nicholas) since 1989. They have built up sizable herds of sika, axis, fallow deer, black buck, big horn sheep, elk, gemsbok, and addax in addition to their whitetail. To maintain their animals, they have a gravity-fed protein feeder for every 500 acres of pasture and utilize electric feeders during the whitetail season. They conduct surveys landassociation.org

for animal head counts via helicopter, spotlight, and day-driving through pastures. In addition to surveys, they use helicopters for netting their exotics. They net their various exoctic species when capturing for live sales or when they need to move them to different pastures within the ranch. They net or dart each species approximately 2 to 3 times per year. We visited AC Ranch one morning this past April on a day that they were netting axis from a helicopter. Their goal was to capture an

assortment of does and young bucks. Some would be moved to their own high-fence pasture, and a few other sets would be sold to other ranches that had requested the animals. We were invited out to witness the capture of these animals by Allen Spence, ranch manager. The chopper was in the air early (8:30) to save time, since it runs $400/hour.

The AC Ranch contracts out a company called Exotic Game Management for all their capture needs. Their team is made up of a group of guys based out of Mountain Home, Texas. They call themselves the “A-Team Capture Crew”, and rightfully so. These men work with such speed and precision—by the time they have one animal medicated and loaded into the trailer,

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another one is being brought up on an ATV. That’s how it works. The helicopter and pilot (Travis Buell) serve as the backbone of the whole operation. The pilot scouts the pastures for animals. Once spotted, he herds them in a general direction that will make their capture location easier to access by the grounds-crew. Once he has the animal where he wants it, he fires a weighted net at the animal to humanely bring it to a stop. The grounds-crew consists of three men on ATV’s that ride out swiftly to release these animals from the net. Once the helicopter pilot radios in the animal’s location, it’s merely moment before they are released from the net and secured to the back of an ATV. From there, they are transported out to the road where a truck of two to three men is waiting to take them back to the base camp. Once at the base camp, the animals are given a series of injections—antibiotics and a calming agent mainly—to ease their transition into the transport stock trailer. The other two crew members stay at the base camp to monitor the animals and reload the netting cartridges. This entire process is repeated until they have achieved the desired number of animals, or until they run out of fuel or daylight. The entire process is conducted humanely and quickly to ensure minimal stress on the animals. The capturing and moving of animals is a necessary part of wildlife ranch management. If you have questions or interest in conducting your own capture project, aerial surveys, predator control, aerial photography, or cattle work, contact Exotic Game Management at 830-7399968 or 830-459-1542.

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Texas Wine By: Luke Murray Texas Landowners Association

riftwood Estate Winery had its first grapes planted in 1998 by Gary Elliott, the vineyard’s winemaker, but the ranch has been in the family since 1951. They sold grapes for several years because they were located in a dry area. When the laws changed in 2002, Gary got his winery permit and began working to bottle his first vintage—making the winery 12 years old. The vineyard is fenced in at approximately 20 acres with 14 acres in production, 3 currently being planted—accounting for 17 acres of grapes. Originally, all of their wine grapes would come from the estate vineyard. They would eventually outgrow the vineyard and begin to source grapes from around Tex-

as, New Mexico, and California. However, Gary is working towards sourcing almost exclusively Texas grapes with the exception of grapes used for sparkling wines, which are sourced from New Mexico. The past two years weren’t favorable in the high plains of Texas due to the drought conditions, forcing Gary to call on his sister in California for a large portion of the grapes he needed. His sister runs his family’s vineyard that was planted

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approximately 30 years ago in Paso Robles, California. Currently, Driftwood has the largest crop he’s had in 5 or 6 years. Due to the drought, freezes, and various other problems, they went from their largest harvest on record—70 tons in 2004—down to one of their lowest production years last year at only 25 tons. This year is on track to produce approximately 55 or 60 tons. Driftwood has a variety of grapes planted throughout the vineyard.

Their reds consist primarily of Cabernet Sauvignon, Syrah, and Sangiovese. The whites include Viognier, Chardonnay, and Chamblanc—which will likely be replaced with more Chardonnay or Viognier. Driftwood Estate Winery thrives with their blended wines, Gary’s blending methods vary from year to year depending on the flavor of the grapes. Their Longhorn Red is a Cabernet-Syrah blend, ranging from 50/50 to 60/40 with more Cabernet due to the overpowering qualities of the Syrah. Their Alamo Red is a combination of Merlot, Cabernet, and a random selection based on availability and taste for the third component. They also have an explosively sweet red that they call their Armadillo Red that has an abundance over fruit flavor that hits the front of the palate. As is true in various sectors of agriculture, ranching, and wildlife production, producers have their beliefs as to what factors affect the outcome of their product. Whether it’s what you use to finish your

livestock or the amount of fertilizer you give your crops, many growers and ranchers will argue their own beliefs. There are a multitude of growers that will argue that soil composition will alter the flavor of a grape—making its taste have a stronger mineral flavor if the soil is high in iron, zinc, etc. Gary, as an experienced and awarded wine-maker, believes firmly that the soil has little to no influence on the varying flavor of the grapes with research to back his point. “How can you explain the varying flavor in wines if the soil remains consistent? The only thing that truly varies from year to year is climate, that’s your key factor,” said Gary Elliott, winemaker at Driftwood Estates. “The only time soil affects anything is if it is toxic. When you have factors like boron toxicity or high salinity, you can’t grow anything in it.” “If the soil won’t drain, and holds water like a sponge, you’re going to get cotton root rot.”

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Straight From The Vine Driftwood Estates accomodates approximately 25,000 visitors per year They host a number of weddings, parties, & private events These include their 4 quarterly wine club parties that average 1,000 people in attendance Driftwood ages their wine in French and American Oak, it ages about 20 months before bottling

at a time—the wells can only handle 3 acres simultaneously. It takes much more time to irrigate out of the wells, and it’s almost a constant process, requiring them to start over immediately once they’ve gone one round. The creek allows them to water three days and then wait till the next week before they have to water again.

“Other than that, it doesn’t matter if you have clay, loam, clay-loam, sandy, sandy-loam, caliche, or whatever, it doesn’t matter as long as it’s not toxic and it drains.” “The University of Davis in California did an experiment in the ‘70’s where they took the same grapes—Cabernet Sauvignon—and they planted them in different soils at the same location at their research center in Fresno. They took the resulting fruit, made wines, and no expert could tell a difference. They then took identical soils and located them around the state in varying climates, and every wine tasted different. The French in Bordeaux did the same thing. It angered all the French growers who had been bragging on their soil quality for centuries.” Every agricultural venture comes with its own set of problems, hurdles, and setbacks. Gary has issues with his soil’s pH being high, around 8.3 to be exact. Good quality soil is closer to neutral—7 to 7.2. The result of a high pH soil is the vines have difficulty pulling micronutrients from the

soil. Gary has to put chelated iron into his irrigation system—which is an all-drip system—to compensate for the soils lack of ability to provide the plants with adequate nutrients. The entire vineyard at driftwood estate is highfenced to keep deer out, as they have an affinity for grapes. They also have issues with raccoons, ring tails, foxes, and birds. Raccoons are their biggest nuisance, not so much for the amount of grapes they eat—which is very little, but because they bite into the irrigation lines due to their constant need for water. This results in lost time and costly repairs. They also have have to manage glassy-winged sharpshooters like most vineyards in Texas do. They use a pesticide to keep them at bay, which proves to be highly effective. They have concerns regarding water, like most Texans. They irrigate from a nearby creek, and if the creek dries up, they have to switch to irrigate from the wells. The problem with that is their wells don’t produce enough water. With the creek, they can irrigate 6 acres landassociation.org

One other thing that Gary does to give his grapes the best chance to thrive is that he plants his vines in rows running north-south. This allows the sun to come up on one side of the vines and go down on the other side, providing the grapes with enough consistent solar radiation to allow them ripen properly. This year, Driftwood Estates came really close to being damaged by a late freeze—something they have experienced more than once in the past. During the latter part of the cold months, just as the vines were going through bud break, temperatures dropped to 30 degrees Fahrenheit in the vineyard. The vines can hold up until the temperature reaches 29 degrees. Gary has frost fans that he will turn on once the temperature approaches 31 degrees. The fans prevent him from what is called radiation freezing—a situation where the cold air settles in the low spots—and the fans prevent this by cycling the air and raising the temperature 3 to 5 degrees. With every obstacle, their is an answer. From generations of experience comes decades of delicious wine, and Driftwood Estates in on top of their game in making some of the most sought-after wine in the state of Texas.

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By: David D. Briske, PhD Professor, Department of Ecosystems Science and Management Texas A&M University, College Station, Texas

t seems as if there is always extreme weather in some portion of the country the past few years. As I write this article there is a blizzard in the upper Midwest, tornadoes in the southeast and a severe drought in California. Closer to home, 2011 marked the most severe annual drought, second hottest year and largest wildfire year in Texas history. This severe drought and heat wave severely reduced agricultural production and created municipal water shortages. These weather extremes got the attention of the Stateâ&#x20AC;&#x2122;s political leaders and contributed to development and adoption of the Texas Water Plan in 2013.

Whether or not you consider climate change to be real, weather extremes and climatic variability have happened in the past and they will happen again in the future. Weather and longer term climate variability are important for many reasons, but they are of special importance to rangeland livestock production. These agricultural systems often operate with small profit margins such that increases in operating costs or decreases in livestock production can create economic hardship. The direct effects of drought and high temperatures are a reduction in the amount and nutritional value of forage, greater heat stress on animals, water shortages for livestock, landassociation.org

and a potential increase in animal parasites. Less obvious, but equally important are the indirect effects of climate variability, include the potential for increasing wildfires, greater soil erosion and changes in the amounts and kinds of plants that occur on rangelands, especially an increase in undesirable woody and weedy plants. Both the direct and indirect effects of greater climate variability will increase the challenges of effectively managing and maintaining economically viable livestock grazing operations. Increasing climate variability is associated with the addition of greater amounts of carbon Âdioxide

to the atmosphere, a gradual warming trend, and changes in the amounts and timing of rainfall. Higher carbon dioxide levels trap additional heat in the atmosphere and contribute to warming. However, greater amounts of carbon dioxide can also increase plant growth by increasing photosynthesis and reducing plant water use, but this positive growth response requires that soil water be available. Unfortunately, there is even a down side to this increased plant growth, because plants grown with high carbon dioxide levels have a lower nitrogen content and reduced digestibility. Warming and drying, either together or separately, will reduce soil water availability and decrease forage production. Warming and drying may further reduce forage nutritional value by causing grasses to dry more rapidly and by decreasing the amount of leaves compared to stems.

Climate variability is not expected to occur uniformly over all rangelands of the western US. The southern plains and southwest are expected to become both warmer and drier, the northwest may become warmer and drier during summer, but likely it will be wetter in the winter, and the northern plains will likely become warmer and wetter, especially during the winter. These different patterns of regional climate variability will require different management approaches and solutions.

to climate variability is best approached as a process of learning and adjusting to past outcomes and preparing for future events, rather than using one fixed approach or a single technology. Adaptation is applied through a careful evaluation of current management goals as well as the potential for success in meeting future goals, under conditions of weather and climate uncertainty. Many adaptations can be considered â&#x20AC;&#x2DC;no regretsâ&#x20AC;&#x2122; activities because they are likely to benefit managers even during periods of limited climate variability. More The potential for greater weather intensive adaptations may be more extremes and climate variability in- costly and they may only be cost dicates that managers should begin effective when weather extremes to think about and prepare for actually occur. these events. A potential increase in the intensity, frequency and Understanding the potential seasonal occurrence of climatic impacts of climate variability and variability may make previous apthe flexibility that exists within proaches to dealing with them less management plans and production effective in the future. Adaptation enterprises to reduce these impacts landassociation.org

are essential to effective adaptation. Many types of adaptations exist for livestock enterprises and they can be adjusted to fit the needs of grazing managers and the strengths and limitations of their enterprises. However, managers must be willing to learn about climate variability and to share ideas about adaptations with other managers and other interest groups if adaptation planning is to be effective. It is widely observed that not all grazing managers are well prepared for drought, and that preparedness often increases very little even after a drought has occurred. This ‘business as usual’ approach will likely become more difficult to maintain under conditions of greater climatic variability. Specific adaptations to reduce the negative effects of increasing climate variability on rangeland livestock production include the following. • Increase drought planning and reserve forage supplies, and define destocking strategies. • Develop a fire management plan that addresses both potential benefits and risks. • Prepare targeted nitrogen supplementation to offset reduced forage quality.

• Evaluate regional climate trends and consider use of seasonal weather forecasting. • Identify ways to increase herd flexibility by managing livestock numbers and diversifying class (stocker vs cow-calf), or even type of livestock. • Participate in social networks to increase understanding of adaptations that fit specific needs and goals. • Diversify income through ecotourism and other potential sources.

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Lorenzo Lasater San Angelo, Texas 325.942.1458 lorenzo@isacattleco.com www.isacattleco.com

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In many rangelands weather variability in the form of wet and dry years, and cool springs or hot summers should not be seen as unexpected as much as they are normal occurrences. Maybe the wise old saying about the certainty of things in life should be changed to ‘death, taxes and climate variability’. As anyone familiar with rangelands knows, this has always been the case, but climate variability may become even more common in the future. This makes it more important than ever to factor this variability into both short and long-term management planning so that both economic viability and rangelands can be sustained.

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Texas Treasure By: Luke Murray Texas Landowners Association

Time-Tested, Texas Approved “Back in August of 1907, in the midst of a typically hot Texas summer, a group of folks in the small—but prosperous— town of Brenham, Texas, nestled in rolling hills about 70 miles northwest of Houston, got together and decided to start a local creamery.” — Paul Kruse, CEO & President of Blue Bell Creameries

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t was then, 107 years ago this August, the Texas-treasured treat of Blue Bell Ice Cream would begin to surge toward existence. Starting only as a butter creamery, the first batch of ice cream would not surface in Brenham for another 4 years—coming from a wooden tub filled with ice that would tap out at only two gallons per day. There is a storied lineage through the history of Blue Bell. It all began with E. F. Kruse—grandfather of current CEO and President, Paul Kruse—when he was named as the creamery’s manager in 1919. He was the man responsible for changing the name of the company from Brenham Creamery Company to Blue Bell Creameries, Inc. due to his love and fascination with the Texas Blue Bell flower—not to be confused with the bluebonnet. The Blue Bell flower, like ice cream, prospers during the summer months—the name is more than fitting. The 1950’s were big years for the little creamery that could. In those ten short years, both of E. F. Kruse’s sons—Ed and Howard—began

working at the company full-time. It was also during that decade that Blue Bell would begin packaging its ice cream in the famous pint and half-gallon sizes. Finally, in 1958, they would officially halt the butter manufacturing and turn their full focus toward ice cream. A sweet new chapter began to unfold. Throughout the years, success followed the Kruse brothers like an un-weaned calf, including 1969 when Howard Kruse would develop the best-selling ice cream flavor in the history of Texas—Homemade Vanilla. The brothers would both take turns following through

Impacting Texas At the base of every delicious bite of Blue Bell Ice Cream is the milk upon which the flavor is built around. All milk used in the manufacturing of Blue Bell Ice Cream is purchased within a 200 mile radius of Brenham from independent dairies and dairy co-ops, making Blue Bell one of the largest driving forces behind the Texas dairy industry. It takes approximately 60,000 dairy cows to supply the milk for one day’s production at Blue Bell. Blue Bell has milk delivery trucks arriving at their facility night and day, where each delivery of milk is independently tested before it is accepted into their cool-storage silos where it does not stay long before making its way to the production facility. Blue Bell only uses Texas pecans in their ice creams as well. Texas pecans provide the ideal combination of flavor and smaller size that result in the perfect balance of texture and taste.

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INSIDE SCOOP • All cookies, cones, and cobbler pieces included in Blue Bell Ice Cream are manufactured in-house by Blue Bell. The only additive piece that is brought in separately is the Butterfinger pieces for their Butter Crunch flavor. • Blue Bell is named after the blue bell flower, not the bluebonnet. • Blue Bell is the original carrier for Cookies ‘n Cream flavored ice cream. • The Blue Bell blast freezer has a fan-induced wind chill of -100 degrees. • Blue Bell has machines that will produce 120 ice cream cones per minute. • Blue Bell supplies large, 3-gallon containers of ice cream to various restaurants in the United States—Outback Steakhouse being their largest nationwide customer. • Ed, Howard, and Paul Kruse all graduated from Texas A&M University in College Station— the baseball stadium at Texas A&M is named Blue Bell Park due to contributions from the Kruse’s to their alma mater. • In 1991, Blue Bell changed the half-gallon carton to its current design. • In 1977, Blue Bell adopter their current logo of the dairy cow and little girl.

the ranks, Ed in front as the oldest, as they each went through the positions of president, CEO, and chairman of the board. While Texas will always claim Blue Bell as its own, other states have acquired a taste for the best. In 1989 they began their first expansion across state lines by building in Oklahoma, and they now make up large portions of the frozen-treat market in Louisiana, Alabama, Oklahoma, Tennessee, Georgia, the Carolinas, Colorado, Kansas, Virginia, Arizona, New Mexico, Indiana, Florida, and Texas of course. In 2004, Paul Kruse—Ed’s son— took over as the current CEO and president of the company. Three years later, Blue Bell would celebrate its 100 year anniversary with the latest expansion of the headquarters and visitors center in Brenham—which would attract a record 200,000 visitors in 2012.

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“The visitors come precisely because Blue Bell has mastered the art of growing without becoming faceless and impersonal. Blue Bell remains a Texas company that retains much of the flavor of its small-town roots. Blue Bell customers still enjoy delicious ice cream and frozen snacks. Quality standards never change and are never diluted or compromised, no matter how much the market grows. That’s why, to the people who are lucky enough to live where they can buy Blue Bell Ice Cream, Blue Bell is still and will always be the ‘Little Creamery in Brenham.’” — Paul Kruse, CEO & President of Blue Bell Creameries

In Texas, we value our traditions, and we value or treasures.

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