TWCA Confluence Newsletter Winter 2019

CONFLUENCE WINTER 2019

Texas Water Conservation Association | twca.org

TWCA Fall Conference Recap: San Pedro Creek Tour and Celebrating Dean Robbins IN THIS ISSUE: • • • • •

Water Leaders Meet in Houston TWDB Rulemaking Update Overcoming Impacts of Imelda Updates on 404 Permitting And More!

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Table of Contents

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6

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12

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President’s Message - David Montagne

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Water Laws Chair Update: TWDB Implementation of 86th Regular Session Flood Legislation

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TWCA Risk Management Fund Update: Lifting, Pulling, Pushing

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Overcoming The Impacts of Imelda and Planning for Future Flood Events

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Water Leaders From Across The Nation Meet in Houston for NWRA‘s 88th Annual Convention

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Water Supply Planning: 404 Permitting

Winter 2019 | Confluence

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Celebrating in San Antonio: Recapping The 2019 TWCA Fall Conference

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TWCA Board Members and Past Presidents

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Get to Know Your TWCA Staff

Cover Photo: This is phase one of San Antonio River Authority’s multi-faceted San Pedro Creek improvement plan.

Back Cover: Confluence Sponsors

Message from the President

David Montagne - Sabine River Authority As we near the end of November, cooler temperatures are a welcomed arrival. Since my last writing, our river basin experienced Tropical Storm Imelda. This storm affected much of the lower Sabine and Neches Rivers. You can read more about our Imelda experience on page 12 of this newsletter.

In October, TWCA hosted its fall conference in San Antonio. More than 400 people attended the event. I’d like to personally thank all of our sponsors, speakers, attendees, and board members. Thank you to our keynote speakers Texas General Land Office Chief Clerk Mark Havens, TWDB Director Brooke Paup, and State Climatologist John Nielsen-Gammon. One noteworthy highlight from the board meeting includes adoption of TWCA’s first-ever strategic plan. The TWCA Risk Management Fund also presented its safety awards to several entities to close out the board meeting. You can learn more about what the Fund offers to TWCA members by visiting its website: www.twcarmf.org.

The fall conference also marked a special occasion as we celebrated the career of General Manager Dean Robbins. Thursday evening featured a reception, dinner, special video presentation, friendly roast, and a dance.

The video link can be found on the TWCA fall conference web page.

Congratulations to Dean on a very successful career with TWCA and in Texas water policy. We are glad he will still be around the capitol as a consultant to TWCA and others during the upcoming session.

This year has been great for TWCA as we celebrated our 75th anniversary marked by a great event at the annual convention at the Hyatt Lost Pines.

Our groundwater and flood response committees were very active leading up to the session forming multiple flood response subcommittees to work on flooding issues that affect TWCA members, most recently related to Texas Water Development Board’s flood funding and planning rulemaking.

Special thanks to Chairman Creighton and Chairman Perry in the Senate and Chairman Phelan in the House for passing the outstanding bills that will provide $1.5 Billion in funding for flood mitigation projects and flood planning for the State of Texas. TWCA stands ready to support their efforts.

Our 2019 conferences continued to see strong attendance, and we welcomed 11 new members this year. As 2019 winds down, the TWCA board will be meeting one more time this year to adopt the 2020 budget in December. In January, Stacey Allison Steinbach will officially take over the reins as TWCA General Manager, joined by staff Lisa Henley, Adeline Fox, Becky Arledge, and a new Director of Policy and Legislative Affairs.

The future of TWCA looks bright, and I am proud to be a part of this organization.

David Montagne

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TWCA Officers & Executive Committee President - David Montagne President Elect - Kent Satterwhite Immediate Past President - Hope Wells Executive Committee: Chair Don Carona Andre’ McDonald Tim Brown Carolyn Ahrens Drew Satterwhite Kathy Turner Jones Sara Tays Glenn Lord Sonny Hinojosa Glenn Jarvis Wayne Owen Denis Qualls Lyn Clancy Tom Gooch Kevin Ward Walt Sears John Chisholm Mike Thuss

TWCA Staff General Manager Dean Robbins drobbins@twca.org Assistant General Manager Stacey Allison Steinbach ssteinbach@twca.org Office Manager/Events Coordinator Lisa Henley lhenley@twca.org Director of Communications Adeline Fox afox@twca.org Administrative Assistant Becky Arledge barledge@twca.org

Texas Water Conservation Association 3755 S. Capital of Texas Highway, Ste. 105 Austin, Texas 78704 www.twca.org | 512.472.7216

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Words from TWCA’s Risk Management Fund

Lifting, Pulling, Pushing

By Richard Wigzell, TWCA Risk Management Fund Add reaching, grabbing, trying to maintain balance, stepping over and carrying to “lifting, pulling and pushing” and you have many of the physical movements that lead to strain injuries to backs, limbs, necks and joints. Strain injuries are the most common injuries faced by water district employees. They account for 19 percent of the number of claims and 36 percent of the total amounts paid and reserved during the last six complete Fund years. Out of 1,086 claims for the six year period of July 2014 through June 2019 there were 202 strain injury claims resulting in $2.5M paid and reserved. Table 1 illustrates the prevalence of strain related claims (as well as other disturbing facts.)

Strain injuries were the most expensive category with the second most expensive average cost per claim. The “Caught In, Under or Between” group, which includes a fatality created the largest average claim cost. Districts should look at their own experience with the six major cause categories presented in the chart to begin the process of reducing your own workers’ compensation costs. Beyond the dollars, these costs include lost productivity, loss of district knowledge if someone is off work for a long period of time and the time cost of other employees dealing with the accident, reporting the claim and keeping up with the injured worker while they are out on leave.

Each district should determine what causes their claims and work to eliminate the conditions and behaviors that contribute to the causes. The Fund’s

Risk Control Consultants have been conducting the series of Safety Workshops this summer that includes an analysis of these claim causes. Here is their deeper analysis of what causes strain injuries. Some of the most common actions that lead to strains are: • Brush clearing • Pulling debris from canals and debris screens at head works • Climbing into or alighting from heavy equipment • Carrying too much weight by yourself (not asking for help) • Poor posture • Poor mechanics of lifting

Another cost of workers’ compensation injuries is calculated as lost days from work. Think about your best backhoe operator. What is he worth per day in terms of earth or debris moved, his ability to help move heavy objects or clear obstacles to the work that needs doing. What if there was not anyone else who could do the work? Works slows or grinds to a halt. In Table 2, the accumulated lost days from strain injuries over the six year period were 4,353, or over 20.7 years’ worth of work days (210 days). The cost to the district of that lost time far exceeds the workers’ compensation dollar amounts paid by the Fund on your behalf when you consider all the other cost factors mentioned above.

Table 1. Top Six Claim Causes

TWCARMF Top Six Claim Causes July 1, 2014 - June 30, 2019 Number Cause of Claims Fall, Slip, or Trip 213 Strain or Injury 202 Struck or Injured By 197 Caught In, Under, or Between 37 Cut, Puncture, Scrape 114 Motor Vehicle 59 Totals

1086 6

% of Claims 20% 19% 18% 3% 10% 5%

Total Incurred $ 1,716,894 $ 2,534,318 $ 579,516 $ 1,092,085 $ 331,550 $ 474,205

Average Claim $ 8,060.54 $ 12,546.13 $ 2,941.71 $ 29,515.81 $ 2,908.33 $ 8,037.37

75%

$ 7,132,394

$ 6,567.58

Table 2. Lost Day Strain Claims TWCARMF Lost Day Strain Claims 2014 - 2019

Safe Lifting DOs and DONT’S

Year

Total Lost Days

Number Lost Day Claims

Average Lost Days Per Claim

2014 2015 2016 2017 2018 2019

212 995 442 1841 414 449

5 8 10 12 8 7

42.40 124.38 44.20 153.42 51.75 64.14

Totals

4,353

50

87.06

DO...

• Plant your feet firmly - get a stable base.

• Bend at your knees - not your waist.

• Tighten your abdominal muscles to support your spine.

• Get a good grip - use both hands.

• Keep the load close to your body.

• Use your leg muscles as you lift.

• Keep your back upright; keep it in its natural posture.

• Lift steadily and smoothly without jerking.

• Breathe - If you must hold your breath to lift it, it is too heavy.

DO NOT… • Lift from the floor.

• Twist and lift.

• Lift with one hand (unbalanced).

• Lift loads across obstacles.

• Lift while reaching or stretching (especially from over your head).

• Lift from an uncomfortable posture.

• Don’t fight to recover a dropped object.

• Don’t hold your breath while lifting - GET HELP.

• Development of specific recommendations about how to perform work that has caused injuries with prevention as well as efficiency in mind • Return to work program • Involvement and endorsement of the process by the General Manager • Take an ergonomics approach to the work by training for proper lifting and material movement

The range of lost days per claim runs from 2 days to 525 days. Most employees who stay off work for over 100 days usually never come back to work, even if they are physically able. The best remedy for lengthy lost days is a return to work program that provides meaningful work that accommodates the injured worker’s medical restriction during the period of recovery.

The Fund’s recommendations for responding to your own claim history in the Lifting, Pulling and Pushing category of causes include a comprehensive approach to the problem involving the people affected by the claims, supervisors, managers, engineers and human resources. The process of responding to claims and preventing them includes:

The Fund’s Risk Control Consultants can help you with safe lifting and the ergonomic principles involved. They can also help you implement a return to work program that will help you keep good employees and reduce lost productivity and workers’ compensation claim costs. Also, be aware that everyone in your organization is exposed to lifting and other ergonomic hazards that can cause strains, sprains and other serious injuries. If you need help with any of these issues, don’t hesitate to call your Risk Control Consultant.

• Analysis of the specific causes of your district’s claims and near misses • Involvement of the injured worker in explaining what happened in a no-fault discussion • Use of data supplied by the Fund

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Water Leaders From Across The Nation Meet in Houston for NWRA’s 88th Annual Convention

By Lyn Clancy, NWRA Board Member and Lower Colorado River Authority On November 6-8, Texas hosted the National Water Resources Association’s (NWRA) 88th Annual Convention in Houston. Water professionals, elected officials, and agency personnel shared their experiences and perspectives regarding many common concerns, such as infrastructure funding, federal permitting challenges, water-related litigation, and disaster response. The presentations included many TWCA members and notable Texans. The Honorable R. Kent Hance, former Texas Congressman and State Senator, and Representative Lyle Larson, Chairman of the Texas House Natural Resource Committee, gave keynotes, and former TWCA General Manager Leroy Goodson shared his wisdom and humor during the awards luncheon. TWDB Chairman Peter Lake, along with TWCA members Tom Kula, Steve Graham, Robert Puente, Jace Houston, Russ Poppe, and Kevin Ward participated in various programs, including panels discussing Texas’ water infrastructure development efforts, lessons learned from Hurricane Harvey, and Corps regulatory reforms. Attendees also learned firsthand about NWRA’s efforts to affect water policy in Washington, D.C., including providing testimony on the Hill, meeting with high-ranking elected and agency officials, and providing comments on proposed rules and policies affecting NWRA members.

Congratulations are also due to the following TWCA members: Stacey Steinbach was elected to the NWRA board to replace Dean Robbins, who is retiring from TWCA later this year. Kevin Ward was elected as VicePresident of NWRA. And several TWCA members received awards for their service to NWRA, including Leroy Goodson, Dean Robbins, and Lyn Clancy.

Every member of TWCA is a member of NWRA. So, if you want to learn more about NWRA, please contact one of your Texas NWRA Board Members, which include Stacey Steinbach, Jim Oliver, Kevin Ward, and Lyn Clancy. And, while not directly affiliated with NWRA, consider making a contribution to the Women in Water Scholarship Fund, an organization recently founded by outgoing NWRA President, Cheryl Zittle, and incoming President, Christine Arbogast. More information can be found here: http://www.fundingwomeninwater.com/.

HNRC Chairman Lyle Larson provides a keynote address.

Russ Poppe, Jace Houston, and TWDB Chairman Lake present on the Hurricane Harvey panel. Dean Robbins moderated.

Dean Robbins, Leroy Goodson, and Lyn Clancy were recognized for their outstanding service.

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Words from TWCA’s Water Laws Committee Chair

TWDB Implementation of 86th Regular Session Flood Legislation

By Howard Slobodin, Trinity River Authority

Over a century of legislative history provides many examples of drought driving water policymaking in Texas, and prompting “water sessions” of the Texas Legislature. By that measure, the 86th Regular Session would not properly be called a water session. However, given its focus on flood mitigation, the 86th was a water session of entirely another kind.

On the early morning of August 26, 2017, Hurricane Harvey made its first landfall in Texas. In the coming hours and days, it inflicted tremendous damage from Port Aransas to Beaumont. Interim charges addressing hurricane and flood preparedness were shortly forthcoming, and the 86th Regular Session was significantly focused on flood mitigation.

Months before the session convened, TWCA created its Flood Response Committee, which provided input positively reflected in interim reports.

As always, Texas House and Senate flooding legislative proposals had to be reconciled. Ultimately, two pieces of legislation on flood mitigation were signed by the Governor that will have long-lasting impacts on TWCA members. Those same bills, Texas Senate Bills 7 and 8 (SBs 7 and 8), may also affect water supply and water planning in Texas.

SB 7 is concerned with flood mitigation financing.

SB 8 creates a state flood planning process in parallel to, and in many respects identical to, the state water planning process created by 1997’s Senate Bill 1. The Texas Water Development Board (TWDB) is charged to administer both SBs 7 and 8, and is well underway in its rulemaking process to implement those bills.

TWCA, through a Flood Response Rulemaking Subcommittee, has already provided input to TWDB in response to a pre-rulemaking solicitation issued in July 2019.

fund flood mitigation efforts. Drawing $1.7 billion from the state’s “rainy day fund,” SB 7 provides new funding mechanisms for flood infrastructure financing.

The two major programs authorized by SB 7 are the “Flood Infrastructure Fund” (Water Code Chapter 15, Subchapter I) and the “Infrastructure Resiliency Fund” (Water Code Chapter 16, Subchapter L).

Chairman Perry’s SB 8 accompanies SB 7, and creates a statewide flood planning process much like that for statewide water planning. As a part of its rulemaking, SB 8 requires TWDB to designate flood planning regions either as whole river basins, or TWDB may divide basins for efficient planning.

Regional flood plans must: 1) catalog existing infrastructure and its condition; 2) identify flood prone areas and potential flood control solutions; and, 3) prioritize projects. As with water planning, regional flood planning groups would be required to solicit input on a draft plan prior to submission of a final plan to TWDB. SB 8 requires TWDB to ascertain whether any regional plan negatively affects a neighboring area, and TWDB cannot approve a regional plan that does so.

Beginning with its July solicitation, titled Implementation of Flood Legislation from the 86th Legislative Session – Issues for Consideration and Request for Feedback (Request for Feedback), TWDB has requested stakeholder input on how SBs 7 and 8 should be implemented through rulemaking. TWDB also held 14 flood outreach workshops statewide to promote stakeholder involvement. TWCA’s Flood Response Rulemaking Subcommittee has provided input to TWDB, and will do so again now that the SB 7 formal rule proposal has been released. The SB 8 rule proposal is expected to be released in December.

SBs 7 (Creighton) and 8 (Perry)

TWDB’s Request for Feedback – SB 7

As with any legislation establishing new major programs, SBs 7 and 8 leave much to be addressed in TWDB’s rulemaking process. Dealing with finance and planning, respectively, SBs 7 and 8 create vehicles to address flooding in Texas. The details of how those programs will function on a day-to-day basis are now being determined through TWDB’s rulemaking efforts.

At a high level, SB 7 reflects the reconciliation of competing Texas House and Senate proposals to

Among the issues identified in its July 2019 solicitation, TWDB specifically requested feedback on: 1) the loan-to-grant ratio it should adopt; 2) the prioritization system it should utilize; 3) the availability of funding for buyouts; and, 4) the means to address Water Code Section 15.005, which requires the execution of memoranda of understanding for Flood Infrastructure Fund financing in certain circumstances. In keeping with TWCA’s history of consensus-based policy recommendations, the 9

Subcommittee first had to identify the foregoing subjects upon which it could reach likely agreement.

After meeting in Austin on August 12, 2019, the Subcommittee provided feedback on these issues to TWDB. With regard to a proper loan-to-grant ratio, the Subcommittee recommended to TWDB a 25 percent grant/75 percent loan allocation. It also agreed and suggested to TWDB: 1) that some local match should always be required, even if nominal; and, 2) that funding applicants’ exercise of taxing power in support of flood mitigation funding should be considered in application evaluation.

Concerning funding prioritization, the Subcommittee suggested that TWDB should not earmark funds by category (e.g., structural versus nonstructural mitigation measures), and that emergency need, protection of life and property and equitable geographic distribution of funds should figure prominently in TWDB’s prioritization system. While the Subcommittee also recognized the need to expedite federally-subsidized projects, it recommended that factor should be of less importance than the foregoing factors. Finally, the group proposed that TWDB also set aside 10 percent of Flood Infrastructure Fund financing for rural areas, and favor funding to areas that adopt and enforce aggressive floodplain management criteria.

Among the issues most easily agreed upon by the Subcommittee was support for funding of property buyouts as a means of flood damage mitigation.

Funding for buyouts can both leverage federal buyout programs, and provide support where federal funds are not available. Of course, the subsequent use of buyout property must be considered, and the Subcommittee suggested its conversion to green space with recreational improvements permitted (subject to an impervious cover limitation).

An issue not considered by most during the legislative session was the effect of Water Code Section 15.005 on future funding from the Flood Infrastructure Fund. Added in 1981 and subsequently amended, Section 15.005 requires applicants for Flood Infrastructure Fund financing to furnish TWDB a Memorandum of Understanding (MOU) approved by all the governing bodies of all political subdivisions within the project “watershed,” if the applicant’s political jurisdiction does not entirely encompass it. For funding applicants such as river authorities, this requirement may simply not apply. For project

sponsors with political jurisdictions that do not entirely encompass a project watershed, however, this requirement has the potential to become burdensome if not preclude Flood Infrastructure Fund financing.

This could be the case, for example, where a levy district proposed a flood project for a portion of a watershed it shared with similar authorities upstream or downstream.

TWDB specifically requested stakeholder input in its Request for Feedback as to how it should implement Section 15.005 for purposes of SB 7 financing. Water Code Chapter 15 does not define “watershed,” and its meaning may be debated among even expert water professionals. Given its potential to significantly hamper SB 7 financing, the Subcommittee recommended to TWDB that it should implement the provision sensibly, and that MOUs need not be project specific. Instead, the Subcommittee proposed that MOUs be permitted to cover multiple projects identified at a conceptual level. In addition, given the absence of a statutory definition of “watershed,” the Subcommittee encouraged TWDB define that term at the smallest appropriate scale of the natural drainage system within which a project was to be located.

TWDB’s Request for Feedback – SB 8

As with SB 7, the Subcommittee first identified issues in regard to SB 8 raised by TWDB’s Request for Feedback upon which it could reach agreement before proceeding with its charge. Immediately, the group agreed that it could not arrive at consensus recommendations with regard to regional flood planning group boundaries. Particularly in larger basins, there appeared competing desires to divide basins on the one hand, and to have regional planning boundaries coextensive with basin boundaries on the other. As in regional and statewide water planning under SB 1, SB 8 anticipates conflict among regional planning areas. SB 8 prohibits TWDB’s approval of a regional flood plan that “negatively affect[s] a neighboring area.” TEX. WATER CODE § 16.062(h).

TWDB will propose regional flood planning area maps as part of its SB 8 rule package in December 2019, and again we are likely to see significant disagreement as to how to best handle planning in the state’s larger basins. It goes without saying, however, that if basins are divided such that downstream interests identify negative effects associated with upper basin flood mitigation proposals, regional flood planning will be more contentious yet than regional water planning.

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Ultimately, the Subcommittee came to consensus with regard to recommendations concerning: 1) regional planning group membership; 2) planning standards and parameters; and, 3) the benefit-cost analysis that should be employed by TWDB. With respect to planning group membership, the Subcommittee recognized SB 8’s adoption of SB 1’s list of initially-identified stakeholders presented potential ambiguities. The Subcommittee urged TWDB to clarify that political subdivisions with local flood management responsibilities, such as drainage districts and levee improvement districts, be included in regional flood planning groups, at a minimum. For basins divided

by TWDB’s final SB 8 rulemaking, the Subcommittee urged TWDB to require crossWITH VISION AND COURAGE, WE PLAN. group (non-voting) representation on split-basin WITH COOPERATION AND COMMITMENT, WE SERVE. regional flood planning groups.

Concerning planning standards and parameters, the Subcommittee suggested that the TWDB limit regional planning to exclude local drainage projects, which do not have truly regional effects.

In addition, the Subcommittee proposed that the planning horizon for regional plans be not less than 20 years, in comparison to regional and state water planning’s 50-year planning horizon.

Finally, with regard to benefit-cost analysis (BCA) and benefit-cost ratio (BCR), the Subcommittee cautioned against TWDB’s adoption of a FEMA model for calculating those figures. Instead, the group suggested that no NANCY TAM WATER-WISE GARDEN categorical cost effectiveness ratio for financing WWW.UTRWD.COM or planning should be imposed by TWDB, particularly to protect rural applicants.

Next Steps

Howard Slobodin is General Counsel and Secretary, Board of Directors, of the Trinity River Authority of Texas. He joined the Trinity River Authority in April 2008. Prior to joining TRA, Howard practiced environmental and water law in both the public and private sectors. slobodinh@trinityra.org

TWDB formally released its SB 7 proposed rule package on November 14. The SB 8 proposed rule package is expected to be released in December. The TWCA Flood Response Rulemaking Subcommittee will reconvene to address each package, and will present comments on each. The Subcommittee presently includes 48 members, who reflect a broad cross-section of the Association’s membership. Should you like to be involved in future Subcommittee activities, please reach out to Adeline Fox, TWCA’s Director of Communications at afox@twca.org.

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Overcoming The Impacts of Imelda and Planning for Future Flood Events

By David Montagne, Sabine River Authority

Contributions by Scott Hall, Lower Neches Valley Authority and Kelley Holcomb, Angelina-Neches River Authority

On the morning of September 19th, many folks in Southeast Texas woke to rising waters and flooded streets as a result of Tropical Storm Imelda which made landfall near Freeport, Texas the night of September 17th.

Although Imelda weakened after landfall, it retained the status as a tropical depression for the next two days and poured 43.31 inches of rainfall in Jefferson County, Texas. Rainfall from Imelda pushed Source: National Weather Service Southeast Texas into the national records once again by ranking No. 5 in the top 10 of the National Weather Service’s list of and businesses. This storm comes only two years after wettest rainfall events from tropical systems. Texas now the area was hard hit by Hurricane Harvey. “The has six events on the top 10 list with Harvey holding impact of each storm is unique, stated Sabine River the No. 1 record with 60.58 inches in Nederland, Authority General Manager David Montagne. “Several Texas. Throughout the morning of September 19th, homes that flooded during Imelda did not flood in Imelda caused widespread flooding across Southeast Harvey. This incident really drives home the need to Texas causing many of the local bayous to overtop be prepared for future storms through flood planning their banks and flood residential areas with nearly 30 and mitigation as proposed by the 86th Session inches of rain falling in just 12 hours and over five Legislators in House Bill 13 and Senate Bills 7 and 8,” inches per hour in several places. added Montagne.

Based in Beaumont, Lower Neches Valley Authority Recently, a regional drainage planning meeting was General Manger Scott Hall credits the community held to explore regional projects that can mitigate for coming together in a time of crisis. “The key to a flooding in Southeast Texas caused by future storms. successful response is our ability to work together as An interlocal agreement between eight Counties a community. With the immediate crisis of Imelda (Chambers, Hardin, Jefferson, Jasper, Liberty, Newton, past us, our communities need to continue working Orange and Tyler) is being drafted to form the the flood problem to mitigate the potential impact of Southeast Texas Regional Watershed Authority. future storms.”

“Tropical storm Imelda wasn’t the first storm to As evident in all these storms, flood waters know impact southeast Texas, and it certainly won’t be the no political or watershed boundaries. Tropical Storm last. The creation of the Watershed Authority is an Imelda caused serious flash flooding with the need excellent example of local and regional governmental for high water rescues throughout Southeast Texas. entities coming together to take care of their local Orange County lies between the Sabine and Neches communities, stated Angelina-Neches River Authority Rivers and is part of the Sabine River Basin and the General Manager Kelley Holcomb.” Smaller technical Angelina-Neches River Basin. The area hit hardest in subcommittees made up of drainage districts, river Orange County by Tropical Storm Imelda was the authorities, state and local governmental entities Cow Bayou Watershed in the western most part of that narrow in on specific projects by watersheds will Sabine River Basin. Rainfall totals reached between 35 develop detailed projects as part of this effort. and 40 inches within a 3-day period flooding homes 12

“Thanks to the work done by state legislators with regional infrastructure, projects and studies will be able to be developed and submitted to the Texas Water Development Board (TWDB) and the General Land Office (GLO) for funding consideration so that Orange County and Southeast Texas can be better prepared for future storms,� concluded David Montagne.

Table 1. NWS List of Wettest Rainfall Events No.

Storm Name

Year

Rainfall (inches)

Location

1

Harvey

2017

60.58

Nederland, TX

2

Amelia

1978

48.00

Medina, TX

3

Easy

1950

45.20

Yankeetown, FL

Claudette 1979

45.00

Alvin, TX

43.31

Jefferson County, TX

4 5

IMELDA: West Regional Water Treatment Plant (WRWTP) is an LNVA plant located in Winnie that was inundated with water and inaccessible by anything other than a boat for five days.

Photo credit: LNVA

David Montagne is the current TWCA president, and general manager of the Sabine River Authority. He has worked with the authority since 1986. Born and raised in Orange County, David Montagne is a graduate of Lamar University in Beaumont with a BBA in Accounting.

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Imelda

2019

6

Allison

2001

40.68

Northwest Jefferson County, TX

7

Georges

1998

38.46

Munson, FL

8

Danny

1997

36.71

Dauphin Island Sea Lab, AL

9

Florence

2018

35.93

Elizabethtown, NC

10

Unnamed 1960

29.76

Port Lavaca, TX

Water Supply Planning: 404 Permitting*

By Nathan Vassar Lloyd Gosselink Rochelle & Townsend, P.C.

*This article is the tenth in an ongoing series of water supply planning and implementation articles to be published in Confluence that address simple, smart ideas for consideration and use by water suppliers in their comprehensive water supply planning efforts.

The federal overlay to water rights permitting and planning can be substantial, as many water suppliers can attest. As we have described in recent articles, when federally jurisdictional waters are implicated in a project, authorization from the U.S. Corps of Engineers (“USACE”) is required. Today’s focus highlights factors that water suppliers should consider when there is a likelihood that section 404 of the Clean Water Act may be triggered.

Section 404 permitting can take the form of either a nationwide permit for certain activities, or a more searching process for an individual permit.

USACE is the federal agency charged with reviewing applications and issuing 404 permits. When certain projects require a nationwide permit, the authorization process is relatively straightforward, as a permittee must demonstrate that the project in question meets the particular nationwide permit.

Such nationwide permits cover a variety of activities, including maintenance of certain flood control facilities, bank stabilization, and work on outfall structures.

When an individual 404 permit is required, however, an applicant should be prepared for a number of permitting hurdles, and should prepare accordingly. First of all, the time frame for an individual permit can extend for multiple years, driven by extensive evaluations, including USACE coordination with its sister agencies in the federal government, and its consideration of input from state agencies as well. The time component is also directly impacted by important environmental laws and technical analysis, such as the NEPA process.

There are a number of critical constituencies involved in an individual 404 application effort. In addition to the state/federal agency involvement mentioned above, there are ongoing public interactions as well as coordination discussions with recognized tribal interests. Although some of these interactions are driven by the specific content of public and agency comments offered during comment periods, existing state and federal statutory and regulatory structures mandate a thorough review that includes a variety of stakeholders and analysis.

Accordingly, the 404 application process looks to

provisions outside of the Clean Water Act itself to analyze impacts from a proposed project. Such laws include, among others, the Endangered Species Act, NEPA (as provided above), National Historic Preservation Act, along with state Antiquities Codes and other applicable state statutory/regulatory structures.

Water supply planners looking to undertake significant water supply projects requiring 404 authorization should always evaluate alternatives.

Even independent of a NEPA-driven alternatives analysis, a prudent approach to water supply planning includes consideration of a suite of options to extend supplies and provide for supplemental water. Our series to date has highlighted a number of those alternative options, including the important analysis of reuse and conservation efforts.

If it is believed that an individual 404 application is warranted, developing the groundwork for the application is important. Such effort includes appropriate resources analysis, projected needs over a planning horizon time period, and a fatal flaws analysis, identifying potential hurdles or road blocks that may arise down the road. Although a 404 application effort is rarely without surprises and contingencies, successful applicants are typically those who have undertaken significant front-end work so that they are better prepared when such issues emerge during the permitting process. That planning effort includes both a legal and technical component, and may involve a variety of tasks from an analysis of existing water supply contracts to a comparison of modeling results under USACE’s preferred model, RiverWare.

As our series continues, we will highlight certain aspects of the ancillary laws beyond CWA Section 404 that can come into focus during water rights applications, or even under state-funding programs that voluntarily include the involvement of species/ cultural-protection laws. Such articles will highlight the importance of remaining abreast of policy developments in order to affect influence even before a project triggers such regulatory/policy-driven application.

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2019 TWCA FALL CONFERENCE RECAP

By Adeline Fox, TWCA

The 2019 TWCA Fall Conference was certainly one to remember.

With the weather being much warmer than last year, about 40 golfers played in the 11th Annual Fall Classic Golf Tournament at The Quarry Golf Club. The TWCA Risk Management Fund held a seminar covering several professional development subjects.

The Membership and Services Committee hosted a tour of San Antonio River Authority’s San Pedro Creek project.

The official conference kicked off Thursday, October 17. The day was filled with panel meetings, committee meetings and the board meeting. Highlights from the board meeting included: adoption of the strategic plan and discussion of the produced water policy brought to the board by the Industrial panel. It was

decided that the produced water policy would be taken up at the annual convention, providing more opportunity for clarification and feedback. Additionally, the TWCA Risk Management Fund presented safety awards to several entities to close out the meeting.

(See page 21 for a list of awardees).

Following the board meeting, the program kicked off with a *nurdles presentation followed by a keynote address from Mark Havens with The Texas General Land Office. Texas Water Development Board’s John Dupnik provided an overview of groundwater-related activities.

Additional concurrent sessions covered water quality issues like PFAS and produced water, as well as projects beyond Texas in Iraq and Lake Michigan.

Thursday evening marked 16

Key highlights include: Panel News: Ty Embrey filled a vacant seat on the Industrial panel.

The strategic plan was officially adopted. It can be found on our website.

TWCA Risk Management Fund presented safety awards to several entities.

*What are nurdles?

A nurdle is a plastic pellet which serves as raw material in the manufacturing of plastic products.

Source: nurdlepatrol.org

a special occasion for TWCA General Manager Dean Robbins.

Attendees were treated to a reception, dinner, and friendly roast celebrating Dean’s career.

Featured roasters included TWDB Chairman Peter Lake, TCEQ Commissioner Emily Lindley, TWCA General Manager Emeritus Leroy Goodson, former TWDB Chairman Bech Bruun, TWCA Past Presidents Mike Booth and Bob Brandes, NWRA Executive Director Ian Lyle, and TWCA Assistant General Manager Stacey Steinbach. The evening wrapped up with a dance and live band performance by Cactus Country.

Friday’s sessions were all about data, social media, weather, and flooding. Attendees also heard two keynote addresses from Texas Water Development Board Director Brooke Paup and State

Climatologist John NielsenGammon.

Overall, the 2019 TWCA Fall Conference had a great turnout and included compelling information regarding the latest happenings in Texas water.

Congratulations to Dean Robbins for his years of service to TWCA and the Texas water industry!

San Pedro Creek Tour The San Antonio River Authority partnered with TWCA to host a tour group. Attendees walked through phase one of the San Pedro Creek improvements. Special thanks to Kerry Averyt and Monica TrevinoOrtega with SARA for hosting us!

Kerry Averyt and Monica TrevinoOrtega (SARA).

Brian Coltharp with Freese & Nichols presents Dean with a gift on Friday morning of the fall conference.

Kerry gives an overview of SPC as the tour starts.

Golf Tournament

Many parts of the park have an artistic flare by design.

First Place Team: Terry Corbett, Scott Hall, Ryan Ard, and Heath Thompson.

A group photo of all SPC tour attendees.

A pan of several of the golf teams before tee time.

17

TWCA Fall Conference 2019

Jace Tunell gives a presentation on nurdles.

TWDB Deputy Executive Administrator for Water Science and Conservation John Dupnik gives an update on groundwater.

Texas General Land Office Chief Clerk Mark Havens gives the first keynote address.

(L to R) Dr. Michael Honeycutt (TCEQ) presents on the PFAS panel with Jeff Wood (Baker Botts), Amber Batson (CDM Smith), and Randy Palachek (Parsons).

The room was close to full during the opening general session.

TWCA Risk Management Fund safety award recipients.

Find the complete list of award winners on pg. 21.

Water Environment Association of Texas Executive Director Julie Nahrgang and TCEQ’s David Galindo discuss produced water.

AquaStrategies CEO Barney Austin and Colonel Gordon Wells (Freese & Nichols, Inc.) discuss a water infrastructure project in Iraq.

18

Bill Espey (LJA Engineering) provides an overview of the Lake Michigan Diversion project.

Dean Robbins and TWCA President David Montagne watch the special video presentation.

Long-time TWCA GM Emeritus Leroy Goodson roasts Dean.

Investing, innovation and conservation help plan for waterful solutions year-round. • San Antonio saved 1.3 billion gallons of water in 2018.

TCEQ Commissioner Emily Lindley roasts Dean.

• Without conservation programs, San Antonio would need an additional 150,000 acre-feet of water to sustain our current consumption needs.

Learn more at

saws.org/waterful

TWDB Chairman Peter Lake roasts Dean.

TWDB Director Brooke Paup provides a keynote address on Friday.

State Climatologist John Nielsen-Gammon gives a keynote address.

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Thank you, TWCA Fall Conference Sponsors!

LJA Engineering | Sabine River Authority Gulf Coast Authority Thursday Evening Events

Looking Ahead

TWCA Risk Management Fund Membership & Services Reception Blanton & Associates, Inc. Ice Cream Treats Break AquaStrategies Coffee Breaks AEI Engineering Lanyards

TWCA Annual Convention

JACOBS Name Badges

March 4-6, 2020

Hollaway Environmental & Communications Mobile Application

The Worthington Renaissance Fort Worth Hotel

CDM Smith Conference Program PLATINUM AECOM Amerex Energy Services Bickerstaff Heath Delgado Acosta LLP Freese & Nichols, Inc. Halff Associates, Inc. HDR Engineering INTERA Inc. Lloyd Gosselink Rochelle & Townsend, P.C. McCall, Parkhurst & Horton, P.C. North Harris County Regional Water Authority North Texas Municipal Water District Phillips & Jordan, Inc. Prairielands GCD Sabine River Authority of Texas San Antonio Water System Tarrant Regional Water District Trinity River Authority of Texas TWCA Risk Management Fund GOLD Daniel B. Stephens & Associates, Inc. NewGen Strategies & Solutions, LLC Parsons Water & Infrastructure Plummer San Jacinto River Authority Stantec Consulting Services, Inc. SWCA Environmental Consultants SILVER Allen Boone Humphries Robinson, LLP Black & Veatch Kimley-Horn and Associates, Inc. Robert J. Brandes Consulting Ron Lewis & Associates SledgeLaw Group PLLC WSP USA, Inc. BRONZE Clearwater UWCD LRE Water, LLC

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GOLF SPONSORS Halff Associates, Inc. Phillips & Jordan, Inc.

Water Supply • Flood Protection • Water Quality • Recreation

2020 TWCA Event Dates: March 4-6, 2020 TWCA Annual Convention The Worthington Renaissance Fort Worth Hotel March 23-25, 2020 Texas Water Day Embassy Suites by Hilton Washington D.C. Convention Center June 17-19, 2020 TWCA Mid-Year Conference The Woodlands Resort October 21-23, 2020 TWCA Fall Conference Wyndham San Antonio Riverwalk

TWCA Risk Management Fund Award Winners from Fall Conference Outstanding in Works Compensation – San Jacinto River Authority Most Improved Safety Record – Canadian River Municipal Water Authority and Franklin County Water District Outstanding Safety Record and Liability – Colorado River Municipal Water District, Gulf Coast Authority, and North Harris Regional Water Authority Most Improved Safety Record and Liability – Cameron County Irrigation District #2, Lone Star Groundwater Conservation District, San Antonio River Authority, Wells Branch MUD Leroy Goodson Excellence Award – Coastal Water Authority

Kim Nygren (TCEQ) presents on the agency’s new water rights viewer.

Enriching communities.

Improving the quality of life. www.trwd.com

FOLLOW US:

More From the TWCA Fall Conference 2019

Daniel Vargas (SAWS) covers the latest social media trends.

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Mark Lenz (NWS), Kelly Payne (LCRA), Nelun Fernando (TWDB), and Daniel Pearson (USGS) discuss weather data and how to utilize it.

TWCA Board of Directors 2019-2020 DAVID MONTAGNE President

KENT SATTERWHITE President-Elect

HOPE WELLS

Immediate Past President

DRAINAGE DISTRICT

Don Carona, Orange – 2022 (Chair) Andre’ McDonald, Sugar Land – 2021 (EC) Kim Carroll, Beaumont – 2022 Chris Gallion, Clute – 2020 Alan Moore, Harlingen – 2020 Stan Kitzman, Brookshire – 2021 Allen Sims, Houston – 2022

GENERAL & ENVIRONMENTAL

Timothy Brown, Austin– 2020 (Chair) Carolyn Ahrens, Austin– 2021 (EC) David Harkins, Austin– 2020 Robert M. Johnson, Dallas– 2022 Lauren Kalisek, Austin– 2022 Tom Ray, Waco– 2022 Ed Shackelford, Woodlands– 2021 GROUNDWATER Drew Satterwhite, Denison– 2022 (Chair) Kathy Turner Jones, Cleburne– 2021 (EC) Dirk Aaron, Belton– 2020 Joe B. Cooper, Stephenville– 2022 John Siefert, Houston– 2020 Brian Sledge, Austin– 2021 Gary Westbrook, Milano – 2022 INDUSTRIAL Sara Tays, Austin– 2022 (Chair) Glenn Lord, Freeport– 2021 (EC) Lori Traweek, Houston– 2020 Greg Carter, Austin– 2021 Paulina Williams, Austin– 2020 Jimmie Schindewolf, Houston – 2022 Ty Embrey, Austin– 2022

IRRIGATION

Sonny Hinojosa, San Juan – 2020 (Chair) Glenn Jarvis, McAllen – 2021 (EC) Troy Allen, Edcouch – 2022 Tom McLemore, Harlingen – 2020 Kyle Miller, Wichita Falls – 2022 Tito Nieto, Los Fresnos – 2022 Steve Walthour, Dumas – 2021

MUNICIPAL

Wayne Owen, Fort Worth – 2020 (Chair) Denis Qualls, Dallas – 2022 (EC) Fred Arce, San Antonio – 2020 Jun Chang, Houston – 2022 Heather Cooke, Austin – 2022 Open – 2021 Yvonne Forrest, Houston – 2021 NAVIGATION & FLOOD CONTROL Lyn Clancy, Austin – 2021 (Chair) Tom Gooch, Fort Worth – 2022 (EC) Carolyn Brittin, Austin – 2020 Dan Buhman, Fort Worth – 2020 Patrick Brzozowski, Edna – 2021 Doug Caroom, Austin – 2022 Mary Beth Stengler, Anahuac – 2022 RIVER AUTHORITIES Kevin Ward, Arlington – 2022 (Chair) Walt Sears, Hughes Springs – 2022 (EC) Scott Hall, Beaumont – 2022 John Hofmann, Austin – 2020 David Collinsworth, Waco – 2020 Tom Kula, Wylie – 2021 Cole Walker, Big Spring – 2021 UTILITY DISTRICTS John Chisholm, San Antonio – 2021 (Chair) Michael F. Thuss, San Antonio – 2022 (EC) Darrell Grubbs, Mount Pleasant – 2022 Kelley Holcomb, Lufkin – 2022 Robert Lux, Spring – 2021 David Weidman, Mount Vernon – 2020 Christopher Wingert, Abilene – 2020

PAST TWCA PRESIDENTS

*Guy C. Jackson (1944-1955) *A.F. Mitchell (1955-1956) *J.S. Hudnall (1956-1957) *Max Starcke (1957-1962) *John Simmons (1962-1969) *Josiah Wheat (1969-1971) *Beeman Fisher (1971-1972) *J.W. Buchanan (1972-1973) *Henry Graeser (1973-1974) *Walter Wells (1974-1975) *Howard Drew (1975-1976) Franklin B. Moon (1976-1977) *Carl Riehn (1977-1978) John H. Specht (1978-1979) *Oury Selig (1979-1980) *R.H. “Bob” Parker, Jr. (1980-1981) Fred N. Pfeiffer (1981-1982) *A. Wayne Wyatt (1982-1983) Sam F. Collins (1983-1984) Ronald J. Neighbors (1984-1985) *Duncan Ellison (1985-1986) James P. Murray (1986-1987) Danny F. Vance (1987-1988) *Owen F. Ivie (1988-1989) *Carson H. Hoge (1989-1990) Robert Lee Johnson (1990-1991) Robert J. Huston (1991-1992) *Richard S. Bowers (1992-1993) Con Mims (1993-1994) Alan H. Plummer, Jr. (1994-1995) James M. Oliver (1995-1996) Robert Wagner (1996-1997) *James R. Nichols (1997-1998) A.T. “Tommy” Hebert, Jr. (1998-1999) W.E. “Bill” West, Jr. (1999-2000) C.E. Williams (2000-2001) *James R. Adams (2001-2002) Wayne M. Halbert (2002-2003) Robert H. Lloyd (2003-2004) Joseph J. Beal (2004-2005) Peggy W. Glass (2005-2006) Gregory E. Rothe (2006-2007) John E. Burke (2007-2008) Jerry L. Clark (2008-2009) M. Jeff Taylor (2009-2010) Sonia Lambert (2010-2011) James M. Parks (2011-2012) Luana Buckner (2012-2013) Phillip J. Ford (2013-2014) Robert J. Brandes (2014-2015) John W. Grant (2015-2016) Phil Kelley (2016-2017) Michael J. Booth (2017-2018) *deceased

PRESIDENTS’ PANEL Suzanne Scott – 2020 Emily Rogers, Austin – 2020 Randy Palacheck, Austin – 2021 Ronda Trow, Houston – 2021 Karen Bondy, Austin – 2022 Jace Houston, Conroe – 2022

22

How well do you know your TWCA staff?

What is The Number One Item on Your Bucket List?

DEAN

STACEY

To revisit Alaska.

To run a race in another country.

LISA

ADELINE

I just completed my number 1, which was to go to Paris sit along the Seine River and enjoy a nice bottle of French Wine.

My number two is an Alaskan Cruise which I hope to do soon.

Traveling from coast to coast in the USA by train.

BECKY

JUAN

Traveling and seeing the world with my grandbabies.

Skydiving!!

#MoreThanWater

BoisdArcLake.org YOUR OFFICIAL SOURCE OF INFORMATION ON TEXAS' FIRST MAJOR RESERVOIR IN 30 YEARS.

NTMWD.COM

23

Thank you Confluence Sponsors!

PLATINUM

Bickerstaff Heath Delgado Acosta LLP HDR Engineering Lloyd Gosselink Rochelle & Townsend, P.C. McGinnis Lochridge Metropolitan Water Company, L.P. North Texas Municipal Water District San Antonio Water System Tarrant Regional Water District

GOLD

BGE Inc. Halff Associates, Inc. Kimley-Horn and Associates, Inc. NewGen Strategies & Solutions LLC Plummer Upper Trinity Regional Water District

SILVER

AECOM Gulf Coast Authority Northeast Texas MWD

BRONZE

Blanton & Associates, Inc. San Jacinto River Authority

www.twca.org | 512.472.7216