TWCA Confluence Newsletter Summer 2019

CONFLUENCE SUMMER 2019

Texas Water Conservation Association | twca.org

TWCA Mid-Year: Beach Cleanup and Nurdle Survey IN THIS ISSUE:

• Summer Water Safety • TWCA Leadership Change • Flood Legislation Recap & Implementaton • TWDB Announces Flood Stakeholder Meetings • Get To Know Membership & Services Committee Members • And More!

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Table of Contents

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President’s Message - David Montagne

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Summer Water Safety

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TWCA Leadership Changes Taking Place in January 2020

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Water Laws Chair Update: Flood Legislation and The 86th Regular Legislative Session

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Implementing Flood Legislation from The 86th Legislative Session

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Water Supply Planning: Jurisdictional Determinations

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Get to Know (Some of) Your Membership & Services Committee Members

Summer 2019 | Confluence

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TWCA Mid-Year Conference Recap

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Membership & Services Committee: Recap of Activities – July 2019

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Board Members & Past Presidents

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How Well Do You Know Your TWCA Staff?

Cover Photo: Membership & Services Committee members collect micro-plastics.

Back Cover: Confluence Sponsors

Message from the President

David Montagne - Sabine River Authority It’s a great time to be a TWCA member, and I am honored to be the next TWCA president.

I have had the privilege of being involved with TWCA for over 30 years and have grown to greatly appreciate the lessons I’ve learned and connections I’ve made through this Association.

We just wrapped up a successful mid-year conference at the Moody Gardens Hotel and Conference Center in Galveston. I would like to personally thank everyone who attended, sponsored and presented at the conference.

Chairman Peter Lake led us off to a great start with the keynote speaker series, followed by other keynote addresses by Senator Brandon Creighton and Representative Will Metcalf. Friday keynotes included U.S. Army Corps of Engineers Colonel Lars N. Zetterstrom and TCEQ Executive Director Toby Baker. We appreciate all speakers who took time out of their busy schedules to share their expertise with our attendees.

In addition to speaker sessions and committee meetings, we held the 13th Annual Jim Adams Memorial Golf Tournament. The Membership & Services Committee hosted a beach cleanup at Galveston Island State Park sponsored by Booth, Ahrens & Werkenthin, Gulf Coast Authority, and Rivers, Lakes, Bays ‘N Bayous Trash Bash. We’ve included some great photos from both events in this issue, including a picture of the results of our first-ever nurdle survey. Particular topics of interest during our TWCA board of directors meeting included an update from the flood response committee post-legislative session and a status report on our strategic plan, which is set to be completed by the October meeting. The 86th legislative session was a significant topic of interest throughout the event, especially as it relates to the implementation of flood legislation through the adoption of a statewide flood plan and the availability of almost $2 billion in funding for flood projects. Please see the articles by Howard Slobodin and Matt Phillips and the Texas Water Development Board in this issue for more information on how that process developed and will look in the future. We look forward to working with the legislature, state agencies, fellow TWCA members and others to further the goals of this landmark legislation.

Over the past months, a TWCA transition committee has been preparing for current General Manager Dean Robbins’ retirement. By recommendation of the committee, the TWCA board unanimously named Assistant General Manager Stacey Allison Steinbach incoming general manager effective January 2020. Congratulations, Stacey! We will be celebrating Dean’s extraordinary career and well-deserved retirement during the fall conference in San Antonio. You won’t want to miss the festivities, and we hope to see you there.

Regards,

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

Summer Water Safety

By Richard Wigzell, TWCA Risk Management Fund During the second week of July, summer seemed to hit suddenly with a blanket of heat and humidity. Thoughts quickly turned to cool water in lakes, streams and swimming pools. For water districts, those are off duty thoughts for families, but many employees of various water districts and river authorities are exposed to water and the hazards associated with it on a daily basis. This exposure may involve work over water, near it or out on it in boats or work barges. Across the membership of the Fund there are 39 members that operate boats or own lakes ranging in total size from 84 to 106,440 surface acres. In addition to these exposures there are four districts that operate park or lake patrols, hundreds of miles of canals, drainage channels, marinas and port facilities. Member employees maintain irrigation canals and gates, keep drainage systems operating during and after tropical storms or severe rain events, monitor flood conditions and patrol lake shores for permit violations or navigation issues. Members also check and maintain water intakes, discharge points and water and sewage treatment plants. The growing development of trail and walkway systems along river courses in metropolitan areas such as San Antonio and Fort Worth also pose water related hazards for the workers who maintain the river reaches as well as the citizens who use them.

There are a few basic keys to safety around water including safe operation of boats, personal flotation devices and slip and fall prevention.

As of June 30, 2019, Fund members own and operate 162 boats that have all kinds of uses. But all boats require common precautions and awareness.

Stability is determined by balance in the boat, motion and being secured to a stable dock before it is placed in use. If you enter a boat without regard for balance or lines securing it to a dock, an employee may wind up in the water as the boat reacts to the sudden weight being concentrated on one side. The act of moving from a dock or shore onto a boat should be accomplished with both feet and both hands. Do not carry loads into a boat while boarding. Let someone hand you a load after you are safely aboard with weight distributed to stabilize tipping as much as possible. Alternatively set the load down on the dock and move it into the boat after safely boarding. The Fund has handled several claims due to serious knee injuries from the act of boarding or alighting from a

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boat. The injuries were caused by the boat tipping or moving away as the person sets foot on the dock or in the boat.

Employees should also be aware of water and algae on docks, ladders or steps near water as this enhances slip and fall potential. Boat decks and hulls can also be very slippery. Proper footwear for boating can help in these situations. Proper maintenance of docks, steps and ladders will remove slime and algae to help prevent slipping.

The most important safety device around water is a personal flotation device (PFD) or life jacket.

Although the old standby orange life vest is effective if properly sized for the wearer, it can impede the ability to work effectively. Less restrictive PFD’s provide better arm mobility and are just as effective supporting a worker in the water. There are two types that fit these criteria. One type provides flotation with a CO2 cartridge that either inflates automatically when the employee hits the water or is activated manually. These devices provide the best flexibility or ease of movement and are cooler in hot weather. The CO2 cartridge should be replaced on a regular basis with more frequent replacement when the PFD is in constant, very active use. Another type of PFD is a close fitting dense foam vest that is not as bulky as the traditional type and affords good flotation and mobility. However, with any flotation device it must be of proper size to keep someone afloat. The best automatically inflating vest also has the advantage of inflating whether the worker is conscious or not and will right the person so their head is out of the water to prevent drowning.

One of the basics of water safety is that bad things can happen in a matter of seconds so boat operators need to be alert to water and weather conditions, other traffic on the water and well aware of their boat’s capabilities. There have been “near miss” drownings when district boats capsized, were trapped against logjams or struck submerged logs. Districts should require basic boat safety and operational training for staff who operate watercraft as part of their jobs. U.S. Coast Guard courses are good basic starting points for this training. The United States Coast Guard Auxiliary offers seventeen different courses. A list of courses and their target audience is available at http://www.cgaux.org/boatinged/.

Water safety basics also include these vital reminders: • All boats used by districts and authorities should have PFD’s for every passenger or operator on the boat.

• All district or authority personnel should be wearing their PFD while in the boat or working near or over water.

• Boats should be equipped with a throwable flotation device for rescuing people who are in the water.

• Check Coast Guard regulations for other emergency items or standard equipment in boats. This may include flares, air horns, first aid kits and navigation lights. VHF radios may not be required but they serve both work and emergency communications purposes.

Jacket style commercial vest and inflatable PFD’s, West Marine

• District employees should not work by themselves in boats or in isolated locations in or adjacent to water. If that is unavoidable make sure they check in with supervisors frequently so someone is aware of their status.

• Do not leave the dock when thunderstorms are nearby or approaching. Sixteen foot Jon boats don’t stand a chance in gusty 40 knot winds and building waves. Head for the closest protected cove or shore, if necessary.

When operating a boat, everyone on board should be aware of water and weather conditions, other traffic, where everyone on the boat is at all times. Communicate with the driver if anything is threatening or dangerous. Keeping a lookout for floating or submerged objects, shallow water and other large or small watercraft is essential for the safety of all on board. Waterways are now sometimes crowded with paddle boards, kayaks, wind surfers and personal watercraft, each with widely variable speed and maneuverability. No matter who may have right of way, every operator of a boat has the ultimate responsibility to avoid a collision and prevent endangering others.

Waterspouts

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TWCA Leadership Changes Taking Place in January 2020

By Adeline Fox, TWCA

With Texas Water Conservation Association (TWCA) General Manager Dean Robbins planning his retirement from TWCA effective December 31, 2019, the board of directors voted at the Association’s Mid-Year Conference in Galveston to name current Assistant General Manager Stacey Allison Steinbach as the incoming general manager upon Dean’s retirement.

Dean joined TWCA as assistant general manager in 1996 after a successful 30-year career at the predecessor agency to the Texas Commission on Environmental Quality, where he last served as Deputy for the Office of Water. He became general manager of TWCA in 2016.

“Dean is a true leader in the water industry. His technical expertise and ability to build bridges at the Capitol and elsewhere have shaped TWCA’s reputation as a leading water policy resource for Texas,” said David Montagne, general manager of the Sabine River Authority and current president of the Association.

Dean leaves behind a successful legacy at TWCA, which will be carried forward as Stacey becomes general manager. Stacey and Dean have worked together at TWCA for the past four years, but their collaboration on water started 15 years ago when Stacey began her career as a water attorney in Austin.

She has also served as executive director of the Texas Alliance of Groundwater Districts and as an attorney at the Texas General Land Office. Stacey holds a Bachelor of Science in biology and ecology from Baylor University, a Master of Science in wildlife and fisheries sciences from Texas A&M University, and a juris doctor with honors from the University of Montana School of Law. As a team, Dean and Stacey have modernized the Association, improved resources, and continued to strengthen legislative efforts.

“Stacey is very qualified for the job of general manager. She brings great political and legal expertise to the table that have proven beneficial in her time

Stacey and Dean pose for a photo during the recent TWCA Mid-Year Conference.

TWDB Director Kathleen Jackson presented the “sweet 16” award for regional water planning to Stacey and Dean during the 2019 TWCA Annual Convention.

with TWCA. We look forward to seeing TWCA carry on its legacy and grow into the future with her leadership,” said Hope Wells, water resources counsel at the San Antonio Water System and immediate past president of TWCA. Stacey will continue working with Lisa Henley, Becky Arledge, and Adeline Fox, who have a combined total of more than 40 years with the Association. TWCA will be celebrating Dean’s career in the water industry at its fall conference in San Antonio. Mark your calendars to attend the event, October 16-18, 2019. Dean plans to continue working as a consultant in the water arena after his retirement.

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TWCA Social Media Snapshot

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2017 1,116

2019 1,213

WITH VISION AND COURAGE, WE PLAN. WITH COOPERATION AND COMMITMENT, WE SERVE.

NANCY TAM WATER-WISE GARDEN

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Find us: @TWCA1 @TexasWCA

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Words from TWCA’s Water Laws Committee Chair

Flood Legislation and the 86th Regular Legislative Session

By Howard Slobodin, Trinity River Authority and Matt Phillips, Brazos River Authority Funding

Hurricane Harvey was among the costliest natural disasters in the history of the United States, making landfall as a category 4 hurricane on August 25, 2017.

In its aftermath, the Speaker of the Texas House and Lieutenant Governor reacted with interim charges directing many of the legislature’s committees to study the ways in which Texas can better prepare itself for similar storms. TWCA formed its Flood Response Committee, which provided pre-session input on many subjects related to flood mitigation.

The 86th Regular Session will long be remembered for the far-reaching flood legislation it produced. The two most significant flood-related bills enacted are Senate Bills 7 and 8, which address flood mitigation financing, and regional and statewide flood planning, respectively. In addition, the session saw important bills enacted related to disaster preparedness and flood warning and notification.

Membership owes special thanks to Dean Robbins and Stacey Steinbach, who worked long hours with members and staff this past session to see that all the bills ultimately enacted met the goals of TWCA.

Senate Bill 7, taken together with House Joint Resolution 4, and money appropriated in Senate Bill 500 (the supplemental appropriations bill) fund future flood mitigation and planning efforts in Texas. When combined, those bills appropriate $1.65 billion for that purpose. Senate Bill 7 (which includes language from House Bill 13) creates two separate funds, the Flood Infrastructure Fund (FIF) and the Texas Infrastructure Resiliency Fund (TIRF).

The FIF, the creation of which is contingent on the passage of House Joint Resolution 4 by the voters in November, will be a constitutionally dedicated fund that will provide $793 million to future flood infrastructure projects. The program authorizes loans, and in limited cases grants, for all phases of “flood projects,” from planning, through design and permitting, and ultimately for flood project construction.

The TIRF, which will not require voter approval, consists of $857 million appropriated to multiple flood-related “sub-funds” within the TIRF itself.

This includes $638 million toward local match for Hurricane Harvey recovery through the Federal Emergency Management Agency (FEMA) Public Assistance and Hazard Mitigation Grant Programs.

TIRF will also direct $47 million to updating flood risk maps throughout the state. The remaining funding in the TIRF, $172 million, will be dedicated to projects that are recommended for implementation by the State Flood Plan, which will be created through the passage of Senate Bill 8 (discussed further below).

Disaster Preparedness and Training

Of the many lessons learned from Hurricane Harvey, the need for better training and emergency preparedness and response at the local level was an important one. Senate Bill 6, and its very similar counterpart, House Bill 5, sought to address deficiencies in these critical areas.

The bills require the Texas Division of Emergency Management (TDEM) to develop a catastrophic debris plan and model guide for use by political subdivisions in the event of a disaster, as well as a model contract for debris removal to be used by political subdivisions following a disaster. Additionally, the legislation calls for the creation of a wet debris study group to study and prepare a report on issues related to the removal of wet debris, including best practices for clearing wet debris following a disaster and determining responsibility for that removal. Lastly, a workgroup will be established to conduct a study on local restrictions that impede disaster recovery efforts, including efforts to remove debris and erect short-term housing.

Planning

SB 8 implements regional and statewide flood planning in a manner very similar to the existing Senate Bill 1 regional and statewide water planning efforts in place since 1997. The bill requires the Texas Water Development Board (TWDB) to adopt a comprehensive state flood plan by September 1, 2024, and every five years thereafter. The state flood plan, like the state water plan, will “roll up” the results of regional flood planning efforts. The state flood plan will evaluate flood control infrastructure on a regional basis, and provide a ranked list of ongoing and proposed flood control projects and strategies.

TWDB must also include in the plan an analysis of 10

development in 100-year floodplains and legislative recommendations.

Under SB 8, regional flood planning regions will correspond to each river basin, but the bill permits TWDB to divide basins in cases where a basin is “impracticably large” for efficient planning. TWDB has been tasked to establish flood planning regions

by September 1, 2021. As under Senate Bill 1, each regional group will hold public meetings and develop a regional flood plan. After submission, TWDB will review regional plans to determine that each satisfies the requirements imposed by TWDB (to be determined in a shortly-anticipated rulemaking), adequately preserves lives and property, and finally that a regional plan does not “negatively affect a neighboring area.” Regional flood planning groups must submit their regional flood plans to TWDB by September 1, 2023.

Section 2 of SB 8 creates a dam repair and maintenance plan for flood control dams constructed pursuant to certain federal programs, including the Flood Control Act of 1944. The plan is to be prepared on a ten-year cycle, but may be updated during each ten-year planning period. The Texas Sate Soil and Water Conservation Board (TSSWCB) is charged with preparing the plan. TSSWCB is directed to annually report progress on plan implementation to TWDB. While SB 8 itself does not make an appropriation, SB 500 appropriates $150 million from the Rainy Day Fund to the TSSWCB specifically for dam infrastructure projects, and $47 million to TWDB for state flood risk maps and the state flood plan. The $47 million appropriation to TWDB will be held in the floodplain management account, which has been subsumed by the TIRF program created by SB 7.

notify communities that may be affected by spillway operations during flood flows. HB 26 expands the requirements of notices provided by EOCs to the public, to include the name of the upstream dam and reservoir involved, the expected duration of the release, the level of potential flooding and the names of roads or bridges that may be affected.

What’s Next

Many of the measures mentioned above, especially Senate Bills 7 and 8, will require extensive rulemaking.

Just as TWCA was involved with the flooding issue before and during session, the Association will maintain its involvement in that process. A subcommittee of the Flood Response Committee has been created to guide TWCA’s engagement with the expected rulemakings to ensure that membership is represented during that process.

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 Matt Phillips is the Legislative Governmental Affairs Manager of Brazos River Authority. He received his bachelor of Liberal Arts degree in Government from The University of Texas. matt.phillips@brazos.org

Flood Warning and Notification

Another perceived shortcoming in the aftermath of Hurricane Harvey concerned imminent flood hazard notification to the public. Among the bills introduced to require additional public notifications regarding imminent flood hazards was HB 26. As introduced, the bill would have created a TCEQ-operated alert system that would notify the public of releases of water from certain dams. As substituted, the bill codifies the existing practice of most dam operators to rely upon downstream emergency operations centers (EOCs) to 11

Implementing Flood Legislation from the 86th Legislative Session By the Texas Water Development Board

Floods are a natural and regular occurrence that has shaped the Texas landscape for millennia—and not just one area of the state. Anywhere it rains in Texas, it can flood. According to FEMA, each of the state’s 254 counties has endured at least one federally declared flood disaster. And though flood risk is ever-present, flood events usually garner attention only when they affect our livelihoods by destroying crops, buildings, roads, bridges, and vehicles, or, worse, when they cause injury or death. Unfortunately, several areas of the state have sustained significant devastation from flood in recent years, keeping flood top of mind. But as a result, the state is taking action.

Discussions with stakeholders and the legislature regarding the need for a strategic document to identify solutions addressing statewide flood risks began in summer 2016. In 2017, the 85th Legislature subsequently provided funding for the Texas Water Development Board (TWDB) to conduct a statewide survey to better understand flood planning and mitigation needs. This work culminated in the agency’s publication of a first-ever State Flood Assessment in January 2019, available online at www.texasfloodassessment.com.

Continuing this work, the 86th Legislature recently charged the TWDB with creating Texas’ first state flood plan, to be adopted by 2024, and implementing a new flood financing program.

The new flood planning effort will resemble the regional water planning process in Texas. During the required rulemaking for flood planning, the TWDB will designate flood planning regions corresponding to river basins. Each region will have a flood planning group comprised of diverse stakeholders and will produce a regional flood plan. A large part of the state flood planning effort will include developing models and other technical tools that will assist local decision makers in evaluating potential solutions to flood issues. This comprehensive planning approach is intended to help communities better manage flood risks, including providing greater protection for Texans against loss of life and property from flooding.

The state flood plan will focus on evaluating existing flood infrastructure and will include a statewide, ranked list of ongoing and proposed flood control and mitigation projects and strategies. Additionally, the plan will recommend legislative policy changes needed to facilitate planning and project implementation.

The first state flood plan is due on September 1, 2024, with later plans due every five years thereafter.

The legislature has authorized a one-time, $793 million transfer from the Rainy Day Fund to help fund projects in the state flood plan and to meet immediate needs for funding by providing grants and low-cost loans for drainage, flood mitigation, and flood control projects.

Prior to the first state flood plan’s adoption in 2024, political subdivisions of the state—cities, counties, river authorities, and other districts—that work together cooperatively to develop solutions to address drainage and flood issues could use the funds toward those efforts. The public rulemaking process will consider what types of flood projects will be eligible for funding. Both structural (e.g., levees and channels) and non-structural (e.g., wetlands and elevation) projects will be eligible for financial assistance. After adoption of the first state flood plan, the fund by law may only be used to provide financing for projects included in the state flood plan.

The TWDB has begun a rulemaking process to implement the state flood planning and financing programs, and stakeholder input will be critical over the next several months. One way to have a voice is to attend a stakeholder meeting held around the state in August: • • • • • • • • • 12

August August August August August August August August August

6: Bastrop and Orange 7: Tyler 8: El Paso and Arlington 9: Lubbock and Tomball 13: Kerrville and Lake Jackson 14: San Angelo and Rockport 15: Abilene and McAllen 19: Online webinar 23: Houston

addressed statewide to benefit the lives and livelihoods of all Texans. The coming months and years will be a defining time in the state’s water planning history, which is why stakeholder involvement will be essential.

Please make every effort to attend a stakeholder meeting and/or provide your input on these processes to the TWDB through other means.

For more information on the flood legislation from the 86th Legislative Session, review the Frequently Asked Questions available on the TWDB’s website.

You can also sign up on the TWDB’s website to receive email updates with flood-related information and meeting notices. Be sure to check the box for “Flood Information.”

The detailed meeting schedule with times and locations may be viewed on the TWDB’s website, www.twdb.texas.gov.

If you aren’t able to attend one of the meetings, there will also be an opportunity to review and comment on proposed rules when they are published this fall. The TWDB anticipates its governing Board adopting final rules by early 2020.

In addition to the TWDB’s oversight of the state flood plan and increased financial assistance capabilities, over the next two years the agency will also expand its existing flood-related programs, including floodplain mapping and development of an online dashboard of flood- and water-related information. As part of this effort, the TWDB will establish a clearinghouse of information about state and federal flood planning, mitigation, and control programs that may serve as sources of funding for flood projects.

Flooding is a statewide concern that must be

The TWDB is the state agency charged with collecting and disseminating water-related data, assisting with regional planning, and preparing the state water plan for the development of the state’s water resources. The TWDB administers cost-effective financial assistance programs for the construction of water supply, wastewater treatment, flood control, and agricultural water conservation projects.

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Strategic Plan Preview The TWCA Strategic Plan will be voted on during the board meeting of the fall conference in San Antonio. Below is a sneak peek of a few of the pages!

VISION

Trusted resource promoting sound water policy for Texas.

Page 4

MISSION EDUCATE

ADVOCATE

BUILD

SUSTAIN

Educate Members

Advocate on Water Issues

Build Consensus

Sustain TWCA’s Impact and Measured Growth

Page 5

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Water Supply Planning: Jurisdictional Determinations*

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.

As outlined in our last article, our ongoing Water Supply Planning series will pivot from its earlier focus on technical and state-centric considerations to the broader federal overlay that can impact various water supply projects significantly. A logical starting point for any project is to ask whether federal resources are impacted at all? Put another way – will the project’s activities require some federal authorization (in addition to state regulatory requirements)? While later articles will examine impacts to federally-listed species and their habitats, a foundational question for many water supply projects is whether impacted waters (or areas nearby) fall within the federal purview. To that end, a jurisdictional determination may be necessary in order to know whether a project will require federal authorizations to proceed, such as a 404 (“dredge and fill”) permit.

Whether a project impacts jurisdictional waters is not as straightforward a question as some might expect. For decades, courts, Congress, and agencies have grappled with the extent and distance of “Waters of the United States.” Since two U.S. Supreme Court decisions in 2001 and 2005, the analysis has been even less certain, which drove a controversial (and heavily litigated) “clarification” rule in 2015, followed by a subsequent proposal in the Trump Administration, published for comment in early 2019. In short, the jurisdictional question is not an easy one, but yet it is often that a project’s costs, permits, and, of course, timelines, depends upon the answer.

For larger projects, such as reservoirs and certain dredging efforts, the impacts to jurisdictional waters are obvious, and the resulting mandates follow: either an individual 404 permit from the U.S. Army Corps of Engineers (the “Corps”), or (as applicable) a nationwide permit relevant to the types of activities undertaken.

For others’ projects, however, a more searching technical and legal analysis is warranted. Seeking a formal jurisdictional determination from the Corps is an effort that should be undertaken with scrutiny as to past practices of the agency, applicable case law,

and the facts on the ground for a particular project.

Framing the determination request appropriately can be the difference between a decision of no impact to jurisdictional waters on the one hand, and a lengthy individual permitting process at the opposite end of the spectrum. Several considerations should be considered. What is the proximity of the project area to nearby streams? What is the nature of such water bodies (intermittent? ephemeral? perennial?). Is there a man-made impact to the waters (such as a ditch or canal), or is the project affecting natural systems? Are wetlands involved or nearby? Is there a hydrological connection between waters impacted and other, more permanent waterbodies? These are the types of questions that should be considered prior to seeking the analysis of the Corps.

At this stage, we know that the ultimate regulatory definition of “Waters of the United States” will likely remain uncertain for years into the future, even as current regulatory efforts seek to finalize a new definition. Water suppliers, however, rarely have the luxury of time or resources to await a final rule. As such, before embarking upon a project that questionably impacts jurisdictional waters, it is important to give a thorough evaluation to possible impacts on federal waters, as the framing of the issue for the Corps may ultimately determine whether a project proceeds on a schedule and budget that comports with one’s plans, time frames, and expectations.

Nathan Vassar is an attorney in the firm’s Water Practice Group. Nathan’s practice focuses on representing clients in regulatory compliance, water resources development and water quality matters. He regularly appears before state and federal administrative agencies. nvassar@lglawfirm.com

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Meet (Some of) Your Membership & Services Committee Members

Connie Curtis, Kimley-Horn Associates and Victoria Whitehead, High Plains Water District Connie Curtis, Kimley-Horn & Associates, Inc. Tell me a little bit about yourself.

serving on the committee. The M&S Committee gives you the opportunity to work alongside members who have been coming to TWCA for 30 plus years and also welcome someone to their first conference. I don’t think anyone can overstate the value of the diversity of contacts and genuine interactions you gain by being an active member of the M&S Committee.

I grew up in a small town in East Texas, graduated from Texas A&M University with a BA in Civil Engineering, and joined Kimley-Horn and Associates, Inc. as an engineer in Dallas.

In 2013, I relocated to Houston starting the Water Resources group there with a focus on designing water, wastewater, and storm water infrastructure for municipal clients throughout the greater Houston area. In my spare time, I enjoy challenging myself to learn new musical instruments (currently learning the banjo), traveling to fun places around the world to drink wine and learn more about infrastructure there (Paris Sewer Museum anyone?), and once a month you will find me and my dog Sarge fishing, feeding cows, and drinking sweet tea on the family farm and ranch in East Texas.

Why should someone get involved with the M&S Committee?

If you’re interested in helping out at a conference, welcoming new members, or plugging in more to the organization, come join us! Personally for me, my first TWCA meeting was pretty daunting. There were other people from Kimley-Horn attending, but they had an agenda and there were times that I didn’t know where I could go and what I should do. I was encouraged to attend the M&S Committee and Melinda Silva sat next to me, introduced herself, and helped introduce me around to others during the rest of the conference (and has been a great resources since as well!). Through that first introduction with Melinda, I met Stacey, Dean, present and past Presidents of TWCA, important decision makers at major cities, river authorities, and water authorities, got further involved with the M&S Committee that allowed me to moderate many technical sessions, and have made many connections throughout the organization that are extremely valuable to my understanding of our industry that help me serve my clients.

How would you describe the M&S Committee to someone you just met?

The M&S Committee is a wonderful network of new and tenured TWCA members that are committed to creating a welcoming environment for all members and serving the organization in whatever way that is needed at each conference. The M&S group schedules new member meet and greets, organizes volunteering opportunities, coordinates presentation topics and moderators, and, our biggest task, we all endeavor to be on the lookout for new faces to welcome. If you’re looking to get more involved, understand the organization more, or just make new connections, the M&S Committee is the place to be!

What’s the most interesting thing about you?

I currently own 26 instruments of various types.

When my niece pointed out that I can only play one instrument at a time, I added a harmonica to my collection just to prove her wrong.

What is the best part of the M&S Committee?

The best part of the M&S Committee is 100 percent the people and the relationships you build while

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Victoria Whitehead, High Plains Water District Tell me a little bit about yourself.

What is the best part of the M&S Committee?

I am the General Counsel for the High Plains Water District, a groundwater conservation district in West Texas and the Panhandle. Prior to joining HPWD, I attended Texas Tech (2012) and Tech Law (2016).

Even though I am only 29, I have some great work experience thanks to Texas Tech’s Presidential Congressional and Legislative Internship Program. While in school I hardly spent a spring in Lubbock, as I was either working at the Texas Legislature (Sen. Duncan 82nd and Rep. Darby 83rd & 84th) or in Washington, D.C. for Senator Kay Bailey Hutchison (2012). I enjoy being involved in my community and giving back to my university. I was appointed as Governor Abbott’s first Student Regent for the Texas Tech System Board of Regents, and I am currently the Recruitment and Marketing advisor for my sorority, Alpha Delta Pi. If you follow my Twitter feed (@victoriarosetx) you’ll see that I LOVE West Texas, agriculture, and Lubbock. I am heavily involved in the Junior League and serve on various City Council and Lubbock Chamber committees. The best part of my life is my journey as a new momma to Palmer Lynn (Yes- he’s that cute baby you see at TWCA meetings), and am married to the best husband ever, Jeffry.

TWCA represents all areas of water across Texas.

Knowing what panels/committees to attend (understanding what those are) and actually having the chance to be involved can be overwhelming for even the seasoned TWCA attendee. The M&S Committee is extremely welcoming no matter what part of the water world you come from, and is a great place to really discover where your journey with TWCA can go. You walk in and immediately feel welcomed and valued.

Why should someone get involved with the M&S Committee?

M&S will sling shot you into TWCA. It’s a great way to learn about the organization, meet other members, and figure out the areas where you want to get involved in this awesome organization. We also get the opportunity to serve the communities where TWCA conferences take place with our yearly service project!

What’s the most interesting thing about you?

As a cattle girl from Hereford, Texas and the daughter of a chef, I can cook almost every cut of beef and tell you which part of the cow was used.

How would you describe the M&S Committee to someone you just met?

The M&S Committee is a group for anyone interested in really getting value out of their TWCA membership. It’s the perfect way to get plugged in, learn the ropes, and meet all the right people.

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2019 TWCA MID-YEAR CONFERENCE RECAP

By Adeline Fox, TWCA

The sea breeze was blowing, and the sun was shining as volunteers gathered around to collect materials for the beach cleanup on day one of the TWCA Mid-Year Conference. About 30 adults and 10 kids picked up trash that was found along the Galveston Island State Park beach. In addition to the cleanup, 15 volunteers conducted a nurdle survey.

Nurdles are small plastic pellets that are melted down to produce other plastic products. They have recently been found along the Gulf Coast spanning from Florida to Texas. TWCA volunteers found 253 nurdles during a 20-minute survey along the beach.

Following the cleanup and nurdle survey, 30 golf tournament participants teed off at the Moody Gardens Golf Course.

Congratulations to the first-place

team of Jeff Cannon, David Montagne, David Collinsworth, and Bech Bruun.

As Thursday morning rolled around, panels and committees met discussing flood legislation passed this session, native mussel listings, and more. The afternoon speaker sessions kicked off with Texas Water Development Board (TWDB) Chairman Peter Lake who provided an overview of flood-related legislation and how TWDB is planning on implementing the new requirements. Next, Senator Brandon Creighton and Representative Will Metcalf shared the stage to discuss SB 7 and HB 26. They also highlighted other work done throughout the session beyond flood-related legislation.

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Key highlights include: Panel News: Denis Qualls filled the executive committee spot for the municipal panel, Jimmie Schwindewolf was reelected to the industrial panel, David Collinsworth and Tom Kula were elected to the river authority panel Strategic plan will be adopted at fall meeting Membership & Services Committee plans on offering more ways for new members to connect - stay tuned!

Stacey Allison Steinbach was officially designated as the incoming general manager of TWCA upon Dean’s retirement - taking effect in January 2020 (refer to page 8 for full story)

Other speaker topics for Thursday included presentations on integrating climate data into forecasting hydrologic inflows in Tarrant County, transboundary aquifers shared between the United States and Mexico, and water management strategies being done by New Braunfels Utilities.

Friday began with a legislative wrap-up where panelists discussed surface water and groundwater bills. Next, Colonel Lars Zetterstrom, based in Galveston, provided an update on the latest happenings of the U.S. Army Corps of Engineers. Texas Commission on Environmental Quality Executive Director Toby Baker gave the following keynote address and highlighted what his job entails on a daily basis, which does not always involve waterspecific issues. The afternoon wrapped up with speaker topics

including subsidence risks from brackish groundwater development in Harris County, a Kissimmee River basin modeling study in Florida, and the Texas Water Dashboard developed by the U.S. Geological Survey.

TWCA appreciates all speakers who shared their knowledge with conference attendees.

One other noteworthy endeavor was the first launch of a conference mobile application.

Out of all attendees, 79 people signed up to use the app. Those participants engaged in 1,156 sessions and interacted 160 times.

TWCA hopes to use similar platforms at future conferences.

Thank you to everyone who participated in the TWCA MidYear Conference in Galveston June 19-21! The board and staff look forward to seeing you at the TWCA Fall Conference in San Antonio, October 16-18.

First Place Golf Winners

Beach Cleanup & Nurdle Survey

Here’s one of the many groups who helped with our beach cleanup.

Some of the nurdles collected from a 10-minute survey.

1.

2.

4.

Photo captions:

Jeff Cannon, David Montagne, David Collinsworth, and Bech Bruun

1. Surveying nurdles.

2. Cleaning up trash.

3. Picking up microplastics.

4. Collecting interesting items.

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3.

The entire beach cleanup crew!

TWCA Mid-Year Conference 2019

TWCA’s Assistant General Manager Stacey Steinbach, General Manager Dean Robbins, and President David Montagne pose with Senator Brandon Creighton and Representative Will Metcalf.

TWDB Chairman Peter Lake discusses agency implementation of several flood bills from the session.

TCEQ’s Executive Director Toby Baker provides a keynote address on Friday, June 21.

Senator Creighton and Representative Metcalf share a laugh during their introductions.

Tarrant Regional Water District’s Laura Blaylock (at podium) and Courtney Jalbert discuss integrating climate data into forecasting hydrologic inflow.

Tom Michel chats with a group near the registration desk.

Dr. Rosario Sanchez shares her research on transboundary aquifers between the United States and Mexico.

Ryan Kelso discusses water management strategies for New Braunfels Utilities.

The TWCA Risk Management Fund’s Timm Johnson and Micheon Balmer catch up with conference-goers at their booth.

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Mike Turco and Neil Deeds (below) co-present on the topic of assessing subsidence risk from brackish groundwater development on the Texas Gulf Coast.

Rama Rani discusses a Kissimmee River (Florida) basin modeling and operations study.

Investing, innovation and conservation help plan for waterful solutions year-round.

Daniel Pearson highlights features of the Texas Water Dashboard.

• San Antonio saved 1.3 billion gallons of water in 2018. • 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

Ty Embrey, Matt Phillips, Blaire Parker, and Leah Martinsson pose for a photo before the legislative wrap-up panel.

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Kent and Drew Satterwhite chat before the board meeting starts.

Words from TWCA’s Membership & Services Committee Chair

Membership and Services Committee – Recap of Activities – July 2019

By Ty Embrey, Lloyd Gosselink Rochelle & Townsend, P.C. The Membership & Services Committee is excited about the achievements of the committee over the last year and the opportunities for the committee to help TWCA in the months and years ahead. The M&S Committee continues to grow and extend its outreach to both TWCA members and non-TWCA members.

Conference Registration Desk

Committee Activities over the Past Year

Speaker introductions at Mid-Year Conference

Committee members started to assist TWCA staff with the conference registration desk for the first time at the mid-year conference in an effort to help TWCA staff and to give committee members the opportunity to meet TWCA members.

Committee members took advantage of the opportunities provided by TWCA for committee members to introduce speakers at the conference.

Speaker introductions are a great way for committee members to get their face and name out there to the larger TWCA membership.

Public Service Project in Galveston

The M&S Committee members participated on a significant level in the beach cleanup organized by TWCA at the Galveston Island State Park in Galveston as part of the mid-year conference. M&S Committee members spent several hours with family and friends helping make Texas beaches a better place for people and the environment and participating in a nurdle survey that is part of a citizen science project lead by the Mission-Aransas National Estuarine Research Reserve at the University of Texas Marine Science Institute.

New Conference Attendees and TWCA Member Coffee Hours

Committee members picked a specific time at each TWCA conference to have coffee before the regular business agenda for the conferences started to give new conference attendees and TWCA members a place and time to meet committee members and network.

TWCA Conference Mobile Application

Future Opportunities for M&S Committee

TWCA had an app for the mid-year conference, and it was the first conference for TWCA to do so.

Committee members helped the TWCA staff with testing the app and spreading the word among TWCA members to download and use the app that was full of TWCA and conference information.

Increased Engagement for First-Time TWCA Conference Attendees

While the committee plans to continue all of the activities listed above, committee members continue to try and identify additional opportunities during TWCA conferences and during the time period between TWCA conferences to better engage with new members and first-time conference attendees as well as with committee members themselves. The committee has discussed the following additional vehicles to improve the conference and TWCA experience for new TWCA members:

Committee Meetings at TWCA Conferences

Committee members have gathered at each TWCA conference over the past year to talk about committee activities and to identify different ways that committee members can help TWCA. Some of the discussions by the committee members have focused on engagement with new TWCA members and conference attendees.

M&S Committee Booth

The M&S Committee has a booth at every TWCA conference to enable TWCA members and, particularly, new conference attendees to meet committee members and be able to ask questions about how conferences and TWCA, in general, work.

- designate times and locations after the TWCA conference business agenda has been completed for committee members to meet first-time conference attendees.

- find ways to better identify first-time conference attendees and committee members.

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- identify ways to reach out to first-time conference attendees before and after TWCA conferences.

Public Service Projects

Committee members have made it clear that they have enjoyed the public service projects that TWCA has organized as part of the TWCA conferences and plan to identify new public service projects for TWCA to participate in. The public service projects not only give TWCA members an opportunity to raise awareness of TWCA and give back to local communities, but also enable committee members to spend time with each other outside of the TWCA conference setting.

Ty Embrey has represented a broad range of clients with legal and policy needs in environmental law and governmental relations related to groundwater, water and sewer utility service, surface water, water resource planning, and other environmental matters. tembrey@lglawfirm.com

Networking Events Between TWCA Conferences

Committee members have discussed finding opportunities for committee members to meet and network between TWCA conferences, including organizing networking events in cities across Texas.

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Our name and logo signal a new era of growth rooted in cultivating client relationships through technical expertise and exceptional service.

817.806.1700 | www.plummer.com Alan Plummer Associates, Inc. is now Plummer.

Plummer provides intelligent solutions for water challenges — what can we solve for you?

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Thank you, TWCA Mid-Year Conference Sponsors!

The next event is right around the corner!

LJA Engineering Thursday Evening Reception Carollo Wednesday Evening Reception Blanton & Associates, Inc. Ice Cream Treats Break

TWCA Fall Conference

Aqua Strategies Coffee Breaks

October 16-18, 2019

AEI Engineering Lanyards

Wyndham San Antonio Riverwalk

INTERA Name Badges

We will be celebrating General Manager Dean Robbins’ retirement with special festivities.

Stay tuned for more details!

HDR Engineering Mobile Application PLATINUM Bickerstaff Heath Delgado Acosta LLP Dannenbaum Engineering Corps.

Halff Associates, Inc. Lloyd Gosselink Rochelle & Townsend, P.C. McCall, Parkhurst & Horton L.L.P. North Harris County Regional Water Authority North Texas Municipal Water District Sabine River Authority of Texas Tarrant Regional Water District Trinity River Authority of Texas GOLD Alan Plummer Associates, Inc. San Jacinto River Authority SILVER AECOM Allen Boone Humphries Robinson LLP Freese & Nichols, Inc. Gulf Coast Authority Kimley-Horn Robert J. Brandes Consulting Ron Lewis & Associates San Antonio Water System BRONZE Black and Veatch WSP USA GOLF SPONSORS Black and Veatch Halff Associates, Inc.

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Water Supply • Flood Protection • Water Quality • Recreation

Upcoming TWCA/NWRA Events: August 7-9, 2019 Western Water Seminar Hilton Portland Downtown Portland, Oregon September 17-19, 2019 National Waterways Conference Annual Meeting Peabody Hotel Memphis, Tennessee October 16-18, 2019 TWCA Fall Conference Wyndam San Antonio Riverwalk San Antonio, Texas November 6–8, 2019 88th Annual Conference The Westin Galleria Houston, Texas View more dates on our TWCA calendar on the website.

Enriching communities.

Improving the quality of life. www.trwd.com

FOLLOW US:

Stay tuned for more information about a service project during the upcoming TWCA Fall Conference in San Antonio.

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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 Seifert, 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 Open– 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 Ty Embrey, Austin – 2020 Emily Rogers, Austin – 2020 Randy Palacheck, Austin – 2021 Ronda Trow, Houston – 2021 Karen Bondy, Austin – 2022 Jace Houston, Conroe – 2022

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How well do you know your TWCA staff?

What’s Something You’ve Tried, That You’ll Never, Ever Try Again?

DEAN

STACEY

Owning horses. One show horse equals two boats.

Sushi.

LISA

ADELINE

Grilled octopus!!!

Tastes like rubber.

Fried tofu.

BECKY

JUAN

Wine....

Tried it before...can’t stand it.

Sorry, guys!

I think it has to be fish eyes.

My mom loves them, but I just cant stomach them.

#MoreThanWater

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

NTMWD.COM

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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