TWCA Confluence Newsletter November 2017

CONFLUENCE NOVEMBER 2017

Texas Water Conservation Association | twca.org

Rebuilding After Hurricane Harvey

IN THIS ISSUE: • Impacts of Hurricane Harvey • TWDB Celebrates its 60th Anniversary • Fall Conference Recap • Touring the Rio Grande Valley • And More...

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Table of Contents

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7

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President’s Message Mike Booth

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Tarrant Regional Water District Responds to Hurricane Harvey

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Federal Affairs Update

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Water Quality & Force Majeure Considerations in Significant Weather Events

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Martin Rochelle Retires after 30 Years

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Trinity River Authority Helps Brazoria County

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Reuse Updates

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SAWS Answers the Call

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60 Years of Texas Water

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Visiting the Valley

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Houston Region Utilities: Rising to the Challenge of Hurricane Harvey

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2017 Fall Conference Recap

November 2017 - Fall Confluence

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Learning & Exploring at the Laredo Water Museum

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Safety Management Basics

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Beer for Water Happy Hour

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Board Members & Past Presidents

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What’s New with TWCA?

Cover photo: Hurricane Harvey approaching the Texas Gulf Coast on August 24, 2017. NOAA via Reuter.

Message from the President

Mike Booth - Booth, Ahrens & Werkenthin, P.C. A lot has happened since the last Confluence. Specifically, Hurricane Harvey hit the Texas coast causing unprecedented rainfall and destruction from Corpus Christi to Orange. The rest of the Texas coast also was impacted, although not as severely.

Many of our members had to deal with Harvey’s flooding: drainage districts, water districts, river authorities, businesses and individuals. Our Past President, Phil Kelley, had his District’s office flooded. Other members, through participation in the TXWARN network, provided assistance to water and wastewater utilities, helping them get back in operation. Through all of this, we once again learned that the people of Texas will come together and help each other in times of need.

On a lighter note, the TWCA just completed its Fall Conference and board meeting. The TWCA staff and other volunteers with the help of our great sponsors once again put on a great conference.

You can view the Conference presentations if you go to the TWCA website.

For those that could not attend the board meeting, new board members were appointed to the Presidents’ panel. The new board members are Ronda Trow, Alia Vinson, Ty Embrey, Randy Palachek, Tom Kula and Emily Rogers. Lori Traweek was also elected to the Industrial Panel, taking the place of Ricky Clifton who retired earlier this year. Ricky received a Lifetime Membership in honor of his service to TWCA. Martin Rochelle and Lauren Graber received the President’s Award for their work on behalf of the water industry.

Congratulations to all of these individuals.

The Board also took up several other items of note. It approved the creation of the TWCA Legal Advocacy Fund to provide a transparent mechanism to assist the TWCA with amicus curie participation on behalf of the Association. Additionally, the Board approved the development of a TWCA Strategic Plan that kicks off with a retreat early next year with a cross-section of the membership, appointed by the panels. As always, if anyone has any questions, comments or concerns relating to TWCA let us know.

Until I see you again, have a safe and happy holiday season!

Michael J. Booth

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TWCA Officers & Executive Committee President - Michael J. Booth President Elect - Hope Wells Immediate Past President - Phil Kelley Panel Chairs: Timothy L. Brown Lyn Clancy John Chisholm James C. Conkwright Sonny Hinojosa

James Kowis Wayne Owen J. Kevin Ward Mike Yost Vice Presidents: Fiona Allen Kim Carroll Tom Gooch Glenn Jarvis Kathy Turner Jones

Glenn Lord Martin Rochelle Michael F. Thuss Walt Sears

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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TWCA Federal Affairs Update TWCA and its members have been working hard on federal issues over the past year.

President Mike Booth is in the process of creating a Federal Policy and Law Steering Committee that will coordinate with our Federal Affairs Committee and streamline efforts for participating in federal matters of importance to the Association. We have also been coordinating with the National Water Resources Association and member states on federal water regulatory issues, as well as submitting comments on these matters to federal agencies. Below is a snapshot of the current topics we’re tracking (all comment letters can be found under the policy and legislation tab of our website).

We will continue to keep you updated on the website and in future issues of the Confluence.

TWCA staff is grateful for the generous help of

some of our members, including Mike Booth, Tom Ray, Sara Thornton, Ashleigh Acevedo, Howard Slobodin, Lyn Clancy, Kevin Ward, Amy Stelter, Dan Buhman, Linda Christie, Randy Palachek, Glenn Clingenpeel, and many others in engaging on these issues. If you would like to become more involved in TWCA’s federal efforts, please let us know.

Finally, mark your calendar for TWCA’s 14th annual Texas Water Day in Washington D.C. February 6-8, 2018. Highlights will include a congressional reception, a speaker series with congressional members, committee staff, and executive employees, and congressional office visits. For more information and to register for the event, visit the conferences and events section of our website.

TWCA submits comment letters related to the use of Corps reservoir projects for domestic, municipal, and industrial water supply. This rule proposal, known as the Water Supply Rule, would impact TWCA members that have an existing water supply that depends on water from Corpsoperated reservoirs.

Corps are developing a new definition for “waters of the United States” (WOTUS) and have proposed a rule to re-codify regulations that existed prior to the WOTUS rule. After that rulemaking is final, the agencies intend to propose a second rulemaking to re-define WOTUS.

TWCA submits comments on proposed Corps Water Supply Rule May 12, 2017 and August 17, 2017

Comment period for this WOTUS Docket closed November 28, 2017

TWCA submits comments on proposed EPA Rules May 15, 2017

TWCA submits comments on proposed Corps Rules October 18, 2017

TWCA submits comments on proposed Corps NWP 12 August 28, 2017

In response to a presidential directive related to undue regulatory burdens by federal agencies, TWCA submits comments related to existing EPA rules that could be repealed, replaced, or modified to reduce regulatory burden.

In response to the same presidential directive, TWCA submits comments related to existing Corps rules that could be repealed, replaced, or modified to reduce regulatory burden.

TWCA submits a comment letter to the Corps addressing the proposal for a new regional condition to the Nationwide Permit 12 for the state of Texas. The regional condition relates to a pre-construction notification requirement for certain water intake structures.

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Martin Rochelle Retires after Years of Work with Lloyd Gosselink & Service to TWCA

By Lloyd Gosselink Rochelle & Townsend, P.C. staff

Martin Rochelle received the President’s Award from TWCA President Mike Booth during the 2017 Fall Conference.

As many of our members know, Martin Rochelle retired from Lloyd Gosselink Rochelle and Townsend, P.C. this fall. We want to take the opportunity to thank Martin for all he has done to support TWCA throughout his career as a member and board member for more than twenty-two years. One of the best ways we thought to do that is to share several little known facts about Martin that you might enjoy.

Although most of us know Martin’s hometown as the “center of the universe”— Texarkana, Texas, he was actually born in Valdosta, Georgia. He grew up working on his family’s ranch outside of Texarkana and graduated from Texas High School.

He served as an official “Enumerator” (census taker) for the 1970 U.S. Census and worked his way through college in part by unloading railroad boxcars. He was drawn to the legal profession by the help his family received from their lawyer and understood early on the difference that a good lawyer can make in people’s lives. His focus on water law was derived from his early experiences on his family’s ranch.

Early in his career Martin was an attorney with the Texas Department of Water Resources and spent many hours on the road working on hearings adjudicating water rights after the passage of the Water Rights Adjudication Act of 1967. He cites one of his most humbling experiences as the time when he argued “consistency” as a reason for the agency to

take action on a special permit condition and opposing counsel, in rebuttal, recalled the warning from Chief Justice Holmes that “consistency is the hobgoblin of small minds.”

He notes he never made that argument again.

In private practice, Martin has helped to grow Lloyd Gosselink from five lawyers when he started in 1984 to more than 30 today. And not only that, he cites being named MVP of the 1964 Milk Bowl and his 2008 TWCA President’s Award as notable lifetime honors.

We know a key aspect of his professional life has been not only the tremendous care and dedication he has provided his clients, but the time he has given in mentoring and training new lawyers. His message to new lawyers has been, “Never be afraid to ask questions; and always think ahead and see where you might be headed with a project before proceeding—these will always be in the best interest of the client, the firm, and the lawyer.” We think this message applies to much of life’s challenges—keep asking questions and looking ahead.

Martin plans to remain involved with TWCA even after his retirement, and we look forward to his continued contributions to our community and profession.

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Reuse Update

By Howard Slobodin, Trinity River Authority Members enjoyed a panel discussion regarding reuse litigation and policy at October’s Fall Conference. That presentation was motivated by recent administrative decisions and ongoing litigation that will address open questions regarding the reuse of wastewater treatment plant (WWTP) return flows (i.e., effluent) in Texas. Such reuse has long been of interest to the association and its members, as described below.

permit and by the Court of Appeals decision in Janes Gravel. R.E. Janes Gravel Co. v. Tex. Comm’n on Envtl. Quality, 522 S.W.3d 506 (Tex. App.— Houston [14th Dist.] Dec. 15, 2016, pet. filed).

SysOps Order Among the questions presented in TWCA’s white paper was the issue of who can obtain indirect reuse rights. That question continues to be of particular importance. With the population of Texas expected to increase from 29.5 million in 2020 to 51 million in 2070, reuse offers future supply minus the difficulties associated with development of new, large-scale surface water supply projects. TEX. WATER DEV. BD., 2017 STATE WATER PLAN, 49. Reuse is anticipated to provide approximately 14 percent of all water supplies statewide in 2070. Id. at 8.

In its SysOps permit application, the Brazos River Authority (BRA) sought to appropriate both return flows generated by its own WWTPs and WWTPs operated by third parties. BRA filed its SysOps amendment application in June 2004, and TCEQ issued its final order granting that application in September 2016. In its order, TCEQ authorized BRA’s appropriation of both BRA discharged return flows and the return flows generated by third-party WWTPs. In granting BRA the right to reuse the return flows of others, TCEQ cited Texas Water Code Sections 11.046(c) and 11.121 as the basis for that appropriation. In doing so, however, TCEQ imposed a critical limitation on BRA’s use of those return flows. In its final order, TCEQ specified that BRA’s rights to the return flows of third parties “would be subject to interruption or termination by direct reuse or termination by indirect reuse” by those dischargers, i.e., in the event that a third-party WWTP operator applied for and received an appropriative right to its return flows or reused them directly. See, Finding of Fact 184, Order Granting in Part the Amended Application by the Brazos River Authority for Water Use Permit No. 5851 and Approving its Water Management Plan, TCEQ Docket No. 20051490-WR, SOAH Docket No. 582-10-4184 (Sept.

TWCA Reuse Involvement History TWCA convened a Reuse Committee in 2007, at a time when statewide interest in return flows was high. Competing water right applications to return flows had been filed by several members.

The work of the Reuse Committee culminated in the publication of a white paper on the subject.

That white paper was included as an appendix to the 2007 Texas State Water Plan.

The Reuse Committee’s white paper endeavored to provide “legal background and context concerning reuse of wastewater under current Texas law,” and to “identify disputed issues with existing law in Texas that may warrant legislative clarification.” It highlighted five issues, two of which have been addressed by recent developments. Those developments include the Texas Commission on Environmental Quality’s (TCEQ) decision on the Brazos River Authority’s system operations (SysOps) permit application, and a decision of the 14th Court of Appeals in R.E. Janes Gravel Co. v. Texas Commission on Environmental Quality. Both matters are still the subject of ongoing litigation, with Janes Gravel before the Texas Supreme Court on Petition for Review, and the SysOps permit on appeal in Travis County District Court (Cause No. D-1-GN-16-005965).

Two of the questions presented by TWCA’s white paper included “[w]ho can obtain indirect reuse rights,” and whether “current law allow[s] effluent derived from different sources of water to be treated differently for purposes of evaluating a request to reuse [that] effluent?” Those questions have been addressed, respectively, by TCEQ’s order on the SysOps 8

16, 2016).

TCEQ’s order in the BRA SysOps proceeding thus addresses the white paper’s question with regard to who may appropriate WWTP return flows, but carries with it an important limitation.

Rights acquired to third-party WWTP discharges may be subject to termination, rendering them a less reliable long-term source of supply.

On appeal, Janes Gravel contended that where discharges of effluent have already commenced, TCEQ could not grant a bed and banks authorization without subordinating such a right to downstream senior water rights, or at least upon a determination that a bed and banks authorization would not adversely affect downstream senior rights. The Fourteenth Court of Appeals rejected Janes’ contention with regard to the perfection of bed and banks authorizations after discharges of effluent have already commenced.

The decision in Janes Gravel, affirming TCEQ’s order, critically turns on the origin of the effluent treated and discharged by Lubbock: imported water. The case is thus limited to its facts, which while not unique, are not common. The case nonetheless demonstrates that effluent derived from different sources of water will be treated differently for purposes of evaluating a request to reuse that effluent, with special treatment accorded imported water that is used, treated and discharged within the receiving basin.

The decision of the Fourteenth Court of Appeals in Janes Gravel is now before the Texas Supreme Court on a Petition for Review filed

by Janes. Two parties have filed amicus curiae briefs at the Supreme Court: the Lower Brazos River Coalition and the Brazos River Authority.

On September 22, 2017, the Supreme Court requested briefing on the merits without granting the Petition for Review.

As demonstrated by TCEQ’s decision on BRA’s SysOps permit and Janes Gravel, disputes remain regarding the questions raised in the TWCA’s white paper, and reuse is still an area of law under development in Texas.

Janes Gravel The Janes Gravel decision speaks to the white paper’s question with regard to differing treatment under Texas law for reuse appropriations based on the original source of the water treated and discharged by a WWTP. It demonstrates the importance of whether return flows are derived from water native to a basin, or are derived from “developed” water.

Janes Gravel concerns an application by the City of Lubbock to amend an existing reuse right that had been granted by a predecessor of TCEQ in 1983. Lubbock’s original permit authorized the city to fully and directly reuse effluent derived from surface water Lubbock purchased from the Canadian River Municipal Water Authority, originating in the Canadian River basin.

In 2001, TCEQ granted Lubbock a wastewater discharge permit authorizing Lubbock to discharge up to 10,081 acre-feet per year of treated effluent to the Brazos River basin.

Lubbock commenced those permitted discharges shortly after. Then, in 2004, Lubbock applied for a bed-and-banks permit under Texas Water Code 11.042(c) to utilize a tributary of the Brazos River to convey that discharged effluent, derived from the same imported water, downstream for diversion and reuse. That application was protested by Janes Gravel (Janes), which held a downstream water right to divert 450 acre-feet annually, issued in 1968. Following a contestedcase hearing, an administrative law judge issued a proposal for decision recommending that Lubbock’s requested amendment be granted, and TCEQ concurred and granted the amendment.

An appeal by Janes to the 419th Travis County District Court followed, wherein TCEQ’s order was affirmed.

In its decision in Janes Gravel, the Fourteenth Court of Appeals affirmed TCEQ’s grant of the bed and banks authorization to Lubbock.

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

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ATTORNEYS AT LAW HOUSTON PHOENIX TOWER 3200 SOUTHWEST FREEWAY SUITE 2600 HOUSTON, TEXAS 77027 713-860-6400 713-860-6401 (FAX) CENTRAL TEXAS 1108 LAVACA STREET SUITE 510 AUSTIN, TEXAS 512-518-2424 512-518-2411 (FAX) WWW.ABHR.COM 10

of Texas Water

By Chairman Bech Bruun Texas Water Development Board

In November, the Texas Water Development Board (TWDB) is celebrating its 60th anniversary. The Texas Legislature created the agency in the aftermath of the state’s worst recorded drought, occurring from 1950 to 1957, to help provide Texas with reliable water supplies. That charge has endured as the agency’s core mission.

By the time the drought of the ‘50s ended, all but 10 of Texas’ 254 counties had been declared federal disaster areas, and state leaders recognized the need to address water policy and planning to ensure a positive future for Texans.

The legislature and Texas voters also grasped

the need to fund water conservation and supply projects and subsequently authorized $200 million in state bonds for those projects. The Texas Water Development Board was created to administer these funds.

Our responsibilities have evolved over the years to include water planning, science, geographic information services, and flood— areas through which we continue to remain focused on meeting the needs of Texans and their communities. Our accomplishments in these first 60 years are too numerous to describe in detail, but I’ve listed below a few highlights to celebrate this special anniversary.

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FINANCIAL ASSISTANCE

1957

WATER PLANNING 1957 The TWDB was established in 1957 when the governor appointed a six-member board under the leadership of Chairman Marvin Nichols.

More than $24.4 billion has been committed by the TWDB to communities for water and wastewater projects since 1957.

Our low-interest loans and principal forgiveness help communities and water providers throughout the state bring their projects to life. We’ve been busy funding projects since our very first project in 1959 to construct the Wesley E. Seale Dam on the Nueces River creating the Lake Corpus Christi reservoir. Our financial assistance portfolio has grown significantly in our first 60 years: • We have committed more than $24.4 billion to communities for water and wastewater projects.

• We introduced the Clean Water State Revolving Fund to our portfolio of financial assistance programs in 1987. In its 30 years, the program has committed more than $8.3 billion for wastewater, stormwater, reuse, and other pollution control projects.

As the state water agencies were aligned and realigned in the late 1950s and early 1960s, water planning shifted between agencies. The Board of Water Engineers developed the first statewide water plan in 1961. In 1965, however, the 59th Texas Legislature assigned to the TWDB the responsibility for comprehensive statewide water planning, and it has remained with us ever since:

• The Drinking Water State Revolving Fund (DWSRF), established in 1996, assists communities by providing lowcost financing for water projects that facilitate compliance with drinking water standards. We have committed approximately $2.5 billion for DWSRF projects across Texas.

• We produced our first state water plan in 1968 to meet water needs through 2020.

• In 1989, the 71st Texas Legislature and voters passed legislation and amendments establishing the Economically Distressed Areas Program (EDAP).

EDAP has committed more than $857 million in grants and loans for water and wastewater projects in economically distressed areas where service is unavailable or inadequate.

• We developed subsequent statewide water plans in 1984, 1990, 1992, and 1997, each with 50-year planning horizons.

• In 1997, the Texas Legislature changed how Texas plans for water supply by creating a new bottom-up, regional water planning process based on 16 self-governing planning groups representing 16 regional water planning areas. Each planning group was required to prepare its own regional water plan on five-year cycles.

•The legislature created the State Water Implementation Fund for Texas (SWIFT) program in 2013, and has already committed approximately $5.7 billion in financial assistance for state water plan projects in its first three cycles. The program has been extremely successful—in fact, our first SWIFT transaction in 2015 received the Bond Buyer’s Southwest Region Deal of the Year award.

• The 2002 State Water Plan was the first plan produced using the regional planning process and was followed by the 2007, 2012, and 2017 plans.

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TWDB’S FIRST STATE WATER PLAN

WATER SCIENCE & CONSERVATION

1957

1968

WaterDataForTexas.org is an interactive website that provides data on reservoir water levels and capacity, automated groundwater level wells, coastal water quality, and hydrology, and more.

The TWDB produced its first state water plan in 1968; subsequent plans were developed in 1984, 1990, 1992, 1997, 2002, 2007, 2012, and 2017.

Good science is the foundation upon which our planning and financial programs rest.

GROUNDWATER

TECHNOLOGY & CONSERVATION

Texas leads the charge on studying and developing solutions such as desalination, aquifer storage and recovery (ASR), and reuse to help create additional water supplies. We are proud to be at the forefront of these innovative areas:

Our efforts in groundwater are truly making a difference for Texas: • The TWDB began the groundwater level observation program in 1957, and 60 years later, we measure or receive measurements from nearly 500 wells each year. In the 1980s, the TWDB Groundwater Database was developed as a holding place for these measurements; it now contains records on more than 140,000 wells and 2,000 springs.

•In 2009, the legislature created the Brackish Resources Aquifer Characterization System (BRACS) at the TWDB, and we commenced studying specific aquifers.

•We have provided funding for several ASR facilities and studies, including the Kerrville and San Antonio ASR plants which became operational in 1998 and 2004, respectively.

• In 1999, the TWDB began developing a groundwater availability model to help regional water planners assess how much groundwater was in a portion of the Trinity Aquifer. Largely due to the success of that model, in 2001 the Texas Legislature provided funding for the TWDB to develop additional models for the state’s aquifers and TWDB’s Groundwater Availability Modeling program began in earnest.

•We completed 13 water reuse studies between 1988 2015 and in 2016 completed a project that tested water quality at Texas’ first direct potable reuse facility.

Effective water conservation strategies can also help meet the projected water supply needs. For more than 30 years the TWDB has provided services and planning support to help Texans establish and manage conservation programs; our efforts include the following:

SURFACE WATER

And our surface water program is equally as important and impressive: • The TWDB has been at the center of developing environmental flows science for 50 years. The effort began in 1967 when, to support the development of a state water plan, our predecessor agency created the Bays and Estuaries program to study the role of freshwater inflows on bay ecology. In 2001, the legislature created the Texas Instream Flows program to study instream flow needs of Texas rivers, and in 2007, they created an expedited process for establishing environmental flow standards for rivers and freshwater estuaries.

• In 1985, the Texas Legislature created the Agricultural Water Conservation Program at the TWDB. Since then, we have committed more than $100 million in loans, grants, and funding transfers to improve agricultural water use efficiency and further water conservation in the state.

•In 2003, the legislature began requiring that public utilities submit water loss audits to the TWDB. In 2007, the legislature added an additional requirement that public utilities with more than 3,300 connections submit water conservation plans and annual reports to us.

• In 1991, the Texas Legislature created the Hydrographic Survey program at the TWDB to provide information on reservoir storage capacity. To date, 178 surveys are complete.

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TexMesonet.org is a network of earth observation stations supplying high-quality data to support flood monitoring and flood forecasting efforts by the National Weather Service, regional river authorities, and local emergency responders.

FLOOD

2007

GEOSPATIAL DATA SERVICES

1972

Before and after inundation maps created by TNRIS to show the effects of Hurricane Harvey.

TexasFlood.org serves as a centralized location for floodrelated data and information on what to do before, during, and after a flooding event.

As it does with drought, Texas also has a longstanding history with flood. The TWDB supports the state with flood mitigation, planning, and response through a number of ways: •In 2007, the TWDB became the state coordinating office for the National Flood Insurance Program (NFIP), and we administer FEMA’s annual Flood

Mitigation Assistance grant program for Texas and offer a state flood grant for early warning, response, and planning.

In 1972, the Texas Natural Resources Information System (TNRIS) was created within the TWDB, incorporating a centralized repository and clearinghouse of maps, census information, and water-related information. TNRIS manages a comprehensive catalogue of all types of geographic data for Texas and is an excellent resource.

•In 2015, $6.8 million from the Disaster Contingency Account was transferred to the TWDB

to expand the state’s streamgage network and provide additional technical assistance and outreach for floodplain management and planning.

•One of the most successful programs in TNRIS is the Strategic Mapping (StratMap) program, established in 1997 to acquire and improve digital geographic data for statewide mapping applications.

• To put critical information into the hands of Texans, the TWDB launched TexasFlood.org in 2016. The

website links to the Flood Viewer, which tracks flood conditions by monitoring streamgages, weather radar, and weather warnings. All data are displayed on a webbased interactive map for Texans on the go. It also links to our recently created earth observation network, the TexMesonet.

• TNRIS has the largest working historical photo archive in the state that dates back to the 1920s.

•Additionally, TNRIS provides mapping assistance during flooding events and other emergencies— most recently Hurricane Harvey.

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BOARD MEMBERS OF THE TWDB SINCE 1957 SWIRFT BOND ISSUES $1.2 BILLION

2017

The September 26, 2017, State Water Implementation Revenue Fund for Texas (SWIRFT) bond issue will deliver $1.2 billion in financial assistance for state water plan projects and millions of dollars for Texas water providers.

Pictured: TWDB Chairman Bech Bruun (center) with Executive Administrator Jeff Walker (left), TWDB staff, and Morgan Stanley financial partners.

This is just a brief glimpse into some of our agency’s accomplishments during the last 60 years—no doubt there are countless others.

Needless to say, I am extremely proud to be part of the TWDB; our staff has always been forward thinking, thorough, and committed to Texas’ water-related interests. I attribute our success to all the brilliant men and women on our staff (past and present), the support and leadership of the legislature, and Texas communities and citizens for making water a priority. Here’s to 60 more years of the Texas Water Development Board and to continuing our legacy to provide a reliable water supply for the Lone Star State!

Bech Bruun was appointed Chairman of the Texas Water Development Board by Governor Greg Abbott on June 10, 2015.

He has served as a board member of the Texas Water Development Board since September 1, 2013. A native of Corpus Christi, Bruun resides in Austin with his wife Glenna and their children Cilla Kay, Radford, and Anne Charlotte.

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Marvin C. Nichols – Chairman C.Y. Mills James D. Sartwelle Marvin Shurbet – Chairman Bill N. Taylor W.E. Tinsley – Chairman Milton T. Potts Mills Cox – Chairman Robert Beattie Gilmore Groner A. Pitts Joseph Searcy Bracewell, Jr. – Chairman John Henry McCoy – Chairman Carl Illig A.L. Black – Chairman George W. McCleskey John H. Garrett Glen Edward Roney W.O. Bankston Lonnie Alfred Pilgrim Louis A. Beecherl, Jr. – Chairman Louie A. Welch – Chairman Stuart Sinclair Coleman Charles Ware Jenness – Chairman Thomas Mayborn Dunning – Chairman Wesley Edwin Pittman Walter W. Cardwell III – Chairman Noe Fernandez William Boykin Madden – Chairman Luis Chavez Diane E. Umstead Othon Medina, Jr. Elaine M. Barron Lynwood Sanders Charles L. Geren Wales H. Madden, Jr. – Chairman Kathleen Hartnett White William W. Meadows E.G. Rod Pittman – Chairman Dario Vidal Guerra, Jr. Jack Hunt Thomas Weir Labatt III James E. Herring – Chairman Edward G. Vaughan – Chairman Joe M. Crutcher Lewis H. McMahan Billy R. Bradford, Jr. – Chairman Monte Cluck F.A. “Rick” Rylander Mary Ann Williamson Carlos Rubinstein – Chairman Bech Bruun – Chairman Kathleen Jackson Peter Lake *In chronological order

A Collection of Experiences from Hurricane Harvey

Photo Credit: Vice-Chair Dade Phelan

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NATHAN VASSAR- ATTORNEY

Houston Region Utilities: Rising to the Challenge of Hurricane Harvey

By Alia Vinson, Allen Boone Humphries Robinson LLP In 1927, an unnamed Texas meteorologist once said “Texas is a land of perennial drought, broken by the occasional devastating flood.”

This quote lives on because it strikes a chord in Texans. In recent years in the Houston region, it feels particularly true. In 2011, the Houston region experienced the worst drought in its recorded history and some predicted that the drought may continue for many years to come.

Instead, the Houston region has been hit by three devastating floods in quick succession: the Memorial Day Flood in 2015, the Tax Day Flood in 2016, and the worst yet-- Hurricane Harvey in late August.

Sadly, an occasional hurricane is part of life in the Houston region. While we can’t stop hurricanes, we can and do learn from them. In 2005, right on the heels of Hurricane Katrina, the Houston region feared the approach of Hurricane Rita. Fueled by recent memories of Hurricane Katrina, Houston area residents fled the coast in a mass evacuation that was chaotic, counter-productive and dangerous. In the end, Hurricane Rita missed the Houston region and

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damage was minimal, but we learned a lot from the experience. We learned that evacuations need to be carefully orchestrated and that those who don’t live in mandatory evacuation zones should stay put so that those who do live in mandatory evacuation zones can get to safety.

In 2008, the Houston region was struck by Hurricane Ike which was a vast storm system that damaged much of the region. Every hurricane is different. Hurricane Ike was primarily a wind storm for the Houston region.

High winds knocked down power lines and trees and left huge swathes of the community without power for weeks. Some critical facilities were without generators and scrambled to find them, and it was difficult for electric utilities to identify critical facilities that needed power first. We learned from this experience too.

In the 2009 Legislative Session, many disaster preparedness bills were filed. Particularly noteworthy was S.B. 361 by then Senator Dan Patrick, co-sponsored by Representative Bill Callegari. S.B. 361 required utilities in Harris County and adjacent counties with populations

greater than 400,000 to ensure emergency operations of water systems during extended power outages through the use of generators or other means. S.B. 361 also required such utilities to adopt Emergency Preparedness Plans to be approved by the Texas Commission on Environmental Quality (TCEQ). Emergency Preparedness Plans along with the critical load status of utility facilities were required to be submitted to the Public Utility Commission, the County, the County Office of Emergency Management, and the Governor’s Emergency Management Office. These changes facilitated reliable power supply to water facilities in these counties and enabled critical facilities, like water plants and wastewater plants, to be restored power on an expedited basis.

With the benefit of 2009 disaster preparedness legislation, utilities in the Houston region were generally prepared for Hurricane Harvey. The October 6, 2017, Environmental Protection Agency/TCEQ press release reported that 2,238 drinking water systems across 58 counties were affected by Hurricane Harvey, but only 39 were required to issue boil-water notices and only two shut down. The water plants for the other scores of municipal utility districts, municipalities, and other political subdivisions providing water service were going strong—delivering clean water for the residents waiting out the storm and its aftermath. The City of Houston kept all three of its water plants running and delivering water, no small feat with floodwaters surrounding the plants and trapping operators on plant sites.

While news stories often focus on the few outlier utilities that had problems during Hurricane Harvey, it’s important to remember that by and large utilities in the Houston region performed extremely well. Hurricane Harvey was a different kind of storm than Hurricane Ike. Instead of a wind storm, it was primarily a flooding or inundation storm. The utilities were reacting to very different circumstances than Hurricane Ike, but the legislative changes in 2009 benefitted the response of the utilities tremendously. The Emergency Preparedness Plans were available and implemented and many utilities have built hurricane preparedness into their training every single year. In addition, the prioritization of critical facilities enabled electric

utilities to restore power to these facilities quickly.

What can we learn from Hurricane Harvey?

Utilities are taking many lessons from Harvey already. For already constructed facilities, utilities are discussing moving control panels up higher, or considering placing generators at even higher levels. For facilities that are still in design, many utilities are carefully considering whether design changes should be made to elevate facilities higher than previously contemplated.

While many facilities were constructed above the 500 year flood plain, the flooding from Hurricane Harvey was truly unprecedented.

According to a September 5, 2017, Harris County Flood Control District report, the flooding in some areas was the equivalent of a “40,000 year” flood event. Yes, that’s four zeroes. Local utilities and Houston region counties are carefully considering design requirements to provide additional protection of facilities from flood risk. No doubt some regulatory changes will emerge, but in the meantime many utilities are hard at work on their own initiative to make changes where needed. The utilities’ response to Hurricane Harvey was exceptional. Utility operators worked miracles and did everything they could to continue to provide water and sewer service to the people who needed it most.

We don’t know what the next hurricane will be like—will it be windy, will it bring high flood waters, when will it come? But we do know that the utilities of the Houston region will be drawing on the lessons of Hurricane Harvey, and the hurricanes that came before, to ensure that water and wastewater facilities are as ready as they can be to respond to future challenges.

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Alia Vinson, newly appointed member of TWCA’s Board of Directors, is a partner at Allen Boone Humphries Robinson LLP. Her practice focuses on public finance, urban development law, and local government regulation.

She works with special purpose districts, water authorities, local government corporations, and management districts. avinson@abhr.com

Tarrant Regional Water District Responds to Hurricane Harvey

By Chad Lorance, Tarrant Regional Water District

When Hurricane Harvey left a path of destruction along the Texas Coast at the end of August, six employees from the Tarrant Regional Water District (TRWD) headed south to assist with rescue and recovery operations in the Houston and Beaumont areas.

On Aug. 27, Lieutenant Randall Cocke and Sergeant Chris Akers of the TRWD Law Enforcement Division were the first district employees to arrive on the scene with just one boat and limited supplies. The two worked 24 hours straight with no sleep as they coordinated with Houston authorities to rescue those stranded by rising flood waters. Lt. Cocke and Sgt. Akers were joined on Aug. 29 by four other TRWD employees – Chief of Law Enforcement David Geary and operations employees JD Harris, Luke Ogle and Billy Owens – who brought much-needed supplies and equipment, additional man-power and a mobile command center that helped coordinate efforts and provided rescuers a place to get some sleep and recharge.

Over the course of their five-day deployment to the flood-ravaged coast, the team rescued more than 350 people who were trapped in homes, apartments, assisted living centers and other flooded structures. Needless to say, TRWD couldn’t be more proud of these six men and the outstanding work they did during this devastating natural disaster.

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Water Quality and Force Majeure

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

Significant weather events can pose a number of challenges, whether it’s drought and impacts upon water supply planning or heavy rain events, as we have seen with such devastation in the last several months. The Fall TWCA Conference highlighted a number of issues and considerations regarding Hurricane Harvey and its aftermath, however, this article focuses upon water quality impacts/best practices as well as the broader use of force majeure, in light of such events.

From a water quality perspective, significant rainfall can impact wastewater systems, as infiltration and inflow increase total flows reaching wastewater treatment plants, and as receiving waters are inundated by loadings of soil, bacteria, and other contaminants.

These circumstances can require operational adjustments, and often trigger events that merit reporting to Texas Commission on Environmental Quality (TCEQ), media outlets, and local officials.

When high-quantity wastewater spills occur and may impact groundwater or other public/ private drinking water sources, TCEQ rules require a 24-hour notice to media outlets and local officials with specific content requirements. Many TWCA members follow best practices by maintaining and regularly updating a list of such contacts, so that the distribution is as seamless as possible during times of highvolume spills. The use of notice templates can also be invaluable in order to meet regulatory requirements without having to draft notices from whole cloth at each event, and when time is of the essence.

Maintaining permit requirements at wastewater treatment plants can prove difficult depending upon the peaking flows the plant receives during the event. It is important to maintain sufficient records to demonstrate the type of rain event at issue and document

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Considerations in Significant Weather Events the operational responses that (ideally) match SOP/training plans for significant wet weather events. Such information can be important in addressing regulators’ questions after the fact, and the storm event information, as compared to design/assessment storm metrics, can be useful in arguing “force majeure” in an enforcement context, as described below.

The term “Force Majeure” may seem like a confusing term with complex meaning, although its basic translation is straightforward – unexpected circumstances that can prevent someone from fulfilling obligations otherwise required. Regulatory and contract force majeure provisions are of critical importance for TWCA members, particularly in light of significant weather events, acts of God, or other circumstances that may have caused permit violations or contractual issues. Being prepared to address allegations of wrongdoing during times of significant wet weather events (among others) is important in order to defend against civil and regulatory litigation when it arises.

The reason force majeure is found in regulations and many contracts is because parties and regulators understand that during certain times when events are beyond one’s reasonable control, compliance can be difficult, if not impossible. As such, force majeure language typically includes references to uncommon or unplanned events that could interfere with ordinary performance. In practice, an entity that wishes to claim force majeure typically raises it in the context of a lawsuit or enforcement action. In that context, it needs to be raised as an affirmative defense, however in some cases, depending upon particular language in a contract, agreement, or permit, an entity must raise the force majeure issue before any enforcement or litigation commences. Best practices include appropriate documentation, as noted above. Knowing the extent of possible

violations during or immediately after the event is also important: customer calls, information received, and staff response logs can be useful in determining whether a violation has actually occurred. Most often, the entity claiming force majeure bears the burden of proving that any alleged violation was actually caused by a qualifying event. Accordingly, the more information available to support such a narrative, the better equipped a utility will be in demonstrating why applicable non-compliance should be excused in these circumstances.

Following the events of late August 2017, many Texas utilities and POTWs face questions regarding planning for future events as well as litigation arising from the storm. Although the force majeure component of disaster response is understandably lower on most entities’ priority lists during these times, it can be important in any subsequent claims of violations/wrongdoing to be equipped with the best information available to demonstrate both the significance of the noncompliance cause (whether such noncompliance is related to water quality or other media), and the utility’s appropriate response to such events.

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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Trinity River Authority Assists with Hurricane Harvey

By Vanassa Joseph, Trinity River Authority

In response to a State of Texas Assistance Request (STAR), the Trinity River Authority answered the call to lend a hand to the Hurricane Harvey recovery efforts. Two teams were deployed. One TRA staff member was called to duty by the Texas State Guard where he worked closely with an engineering group to help conduct initial surveys of the water and wastewater treatment plants in and around Houston to document short and long-term needs.

Team 1 arrived in Port Arthur on Sept. 3, where they de-ragged pumps and pumped down two wastewater treatment lift stations before heading onto Brazoria the next day.

When they arrived in Brazoria, the team had to travel by boat because the plant facilities were still under water. The team helped clear some of the flooded areas, but there was not much more that could be done until the water receded. They headed back to the Dallas area leaving behind equipment for Team 2.

When the second team arrived, they were redirected to the city of Liberty on Sept. 9 after touching base with the Brazoria public works director who thanked them and the first team.

The good news was that Brazoria was on its way to getting things up and running.

In Liberty, Team 2 went right to work dewatering a lift station before heading to the wastewater treatment plant. Rags had to be cleared from a lift station; and the team also got involved with some troubleshooting and were able to isolate and repair a control system.

Photo Credit: Taken in Brazoria County, Walter Hernandez

Assistance continued as the team worked alternating six-hour shifts through the night to keep the station up and running by conducting bypass pumping. Setting up blowers and fans at the plant helped dry out switchgear. To establish bypass pumping of Liberty’s main wastewater treatment plant, the team connected 60 feet of suction hose and more than 200 feet of discharge hose and then tested bypass operations.

Working in concert with the city of Liberty staff members, the team was able to complete their support before returning to Dallas on Sept.

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“Lending a hand at times like this is important, and we were glad to do it,” said TRA General Manager, Kevin Ward.

TRA received a letter of thanks from the city of Liberty noting the responders’ hard work, knowledge and professionalism. The city of Brazoria sent a proclamation stating that it was likely that people and property in the community would have been more seriously affected without the assistance that TRA provided.

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San Antonio Water System Answers the Call for Help

By Blaire Parker, San Antonio Water System

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Within hours of a call for help from the Texas Water/Wastewater Agency Response Network (TXWARN), the San Antonio Water System (SAWS) sent crews in late August to Port Aransas and Rockport to assist in the Hurricane Harvey recovery efforts. SAWS was the first utility to respond and was able to assist the local utilities with restoring essential water and wastewater services to customers.

Specifically, SAWS employees worked in Port Aransas and Rockport over a 10-day period in three different shifts of approximately 30 people each. The three shifts were made up of electricians, water meter technicians, and utility workers such as foremen, equipment operators, utility technicians, superintendents, directors and a safety officer. Also on hand was a sewer line cleaning crew. In addition to manpower, SAWS lent backhoes and a skid steer for debris removal and water distribution system repairs; diesel pumps and bypass piping to drain sewer lift stations; and generators to run critical lift stations, including those that tied directly to wastewater treatment plants.

SAWS crews stationed themselves in each city, individually checking water service connections for leaks and making necessary repairs to repressurize the water distribution systems. Crews moved from lift station to lift station with diesel pumps and generators to drain the collection system so that water used by residents had a place to go instead of causing sanitary sewer overflows. Lack of power from the grid caused lift station pumps to be out of service; electricians even had to rebuild some of the control panels at facilities that were obliterated by the storm.

SAWS was ready and willing to assist neighboring cities restore life-sustaining water and wastewater services. Special thanks to Austin Water for relieving the dedicated SAWS crews and for bringing SAWS’ generators and diesel pumps back to San Antonio.

Visiting the Valley

By Adeline Fox, TWCA

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In the early 1900’s, Land, Water, or Canal companies developed in the Rio Grande Valley.

In the 1920’s, these predecessors were acquired by water districts. Today, there are 26 irrigation districts in the Rio Grande Valley. Each district is unique in the way it operates. Districts are political subdivisions of the state of Texas and operate under the provisions of Chapter 58 of the Texas Water Code and Article XVI, Section 59 of the Texas Constitution. Irrigation districts serve agricultural, industrial, mining, and municipal customers throughout the Rio Grande Valley. The Rio Grande Watermaster releases water from Amistad and Falcon Reservoirs to meet the demands of the Rio Grande water rights holders’ diversion requests.

Irrigation districts in the Rio Grande Valley own approximately 1.37M acre-feet of the 1.42M acre-feet of adjudicated irrigation rights on the Rio Grande, which makes these districts important managers of the River and water rights.

In a recent visit to the Lower Rio Grande Valley, I met with six irrigation district managers and toured three facilities from the following districts to learn more about how they operate.

• • • • • •

house in the Valley, which was built in 2004.

The intake area from the canal to the pump house has large grates that keep debris away from the pumps. The old facility stands nearby, and it’s like walking back into the early 20th century. History buffs would love to see this place. Further down the road, we visited a solar-powered Rubicon gate that diverts more water into the canal as demand increases. Older versions of gates were made of wooden panels that were manually lifted when more water needed to get downstream in the canal. Most districts operate both types of gates.

Hidalgo County ID #2 The final stop included a unique tour of this district’s machine shop (foundry). No, not every shop is this cool. HCID2 still casts most of its irrigation valves and canal gates. Original molds from the early 1900’s lay in organized rows and supplies are neatly inventoried along the wall for canals or any other maintenance needs the district may have. Unlike the other districts, the HCID2’s pumping station is directly on the Rio Grande. We drove by the reservoir that feeds the canals on our way there. Once on the River, a floating, foam-filled, PVC pipe acts as a barrier to protect the pumps from debris.

After seeing the Rio Grande up-close, we traveled upstream to the City of Hidalgo to see the old pumping house. After a major flood in 1934, the River changed course and left the pumphouse over half a mile away from the newly relocated River channel. HCID2 had to construct an intake channel to gain access to the River. This pumphouse was in operation until 1982 and is located on the original bank of the Rio Grande. Since then, a new pumping plant was constructed downstream and the old pumphouse has been transformed into a museum. Historic photos and equipment allow guests to see operations of the past.

Hidalgo County ID #2 – Sonny Hinojosa Cameron County ID #2 – Sonia Lambert Harlingen ID – Tom McLemore Delta Lake ID – Troy Allen Santa Cruz ID #15 – Jose Hinojosa Brownsville ID – Arturo Cabello

Harlingen ID The first stop was an automated release gate near a highway on the canal system in Harlingen. From there, we went to the pump house facilities, which were built in the early 1900s. One of the buildings even has a marked water line from when the Rio Grande flooded and overflowed canals in its path during Hurricane Beulah in 1967. HID also has a training facility that was built in relation to a 10-year project in partnership with the Texas Water Development Board called the Texas Agricultural Water Efficiency (AWE) project.

Final Thoughts Irrigation districts in the Valley are unique.

District managers meet monthly to discuss current issues. The general managers are very active in TWCA and serve an important purpose in the Rio Grande Valley. Thank you for hosting me!

Cameron County ID #2 The next stop showcased the newest pump 25

2017 FALL CONFERENCE RECAP

By Adeline Fox, TWCA

Cooler temperatures and the scent of pumpkin spice were certainly in the air during the TWCA Fall Conference. The three-day event from October 18-20 in San Antonio was filled with interesting topics. Texas Water Development Board Director Kathleen Jackson kicked off day one with comments relating to Hurricane Harvey recovery and state flooding preparedness tools. Texas Tech University climate scientist and professor Dr. Katharine Hayhoe along with Richard Hoffpauir and Marisa Flores Gonzalez, discussed an Austin Water project that is applying climate change data to water supply models. Keynote speaker and House Natural Resource Committee ViceChair Dade Phelan, shared his experience of Hurricane Harvey with photos of the destruction and recovery efforts in his local district of Beaumont. He applauded the efforts of local drainage districts and river authorities during Hurricane Harvey.

The first group of concurrent sessions included a reuse litigation and policy panel and a Groundwater Management Area case

study for similar rules in the same aquifer.

The next sessions included a discussion on early detection and treatment of zebra and quagga mussels and a summary of USGS activities in response to Hurricane Harvey.

Friday topics included an aquifer storage and recovery project in Phoenix and thoughts on water supply diversification for the City of San Antonio from Robert Puente. San Antonio River Authority’s (SARA’s) Suzanne Scott gave an overview of the San Pedro Creek Improvements, which will include art, history and other aesthetic installations along the creek to celebrate the city’s TriCentennial celebration. Phase one of the San Pedro Creek project will be complete in March 2018. Next, the U.S. Army Corps of Engineers provided updates on Gulf Coast projects. Chris Herrington, from Austin Water’s Watershed Protection division, laid out a plan to install rainwater collection systems on buildings downtown to help maintain streamflow along Waller Creek.

Hurricane Harvey was certainly a central 26

theme of the conference. Katie LandryGuyton discussed how the National Weather Service in Houston alerted local emergency responders about flooding and evacuations.

Harris County Flood Control District’s meteorologist, Jeff Lindner, reflected on the storm and its impacts, the state’s response, and his appreciation for those who helped with recovery. His motto, “the media is your friend,” explains perfectly why he garnered the respect and admiration of the Houston area for informing citizens via social media and televised interviews throughout the Harvey crisis. Other noteworthy conference experiences included two stellar networking receptions and the TWCA Risk Management Fund awards program.

The 9th Annual Fall Classic Golf Tournament proved to be a great time too. Nine teams participated, but only three teams prevailed.

The top three teams and honors are as follows: 1st place:

Darrell Grubbs, Carl McConnell, Jim Cooksey and Bill Brown (not pictured)

2nd place:

Chairman Bech Bruun, Fred Arce, Mark Evans and Dave Weston

3rd place:

Brian Sledge, Shauna Fitzsimmons, Shannon Houston and Chairman Lyle Larson

Longest Drive: Closest to the pin:

Golf Tournament winners The Quarry Golf Club

First place team: Darrell Grubbs, Carl McConnell, Jim Cooksey and Bill Brown (not pictured). Congratulations!

Graham Moore Tony Smith Second place team: Chairman Bech Bruun, Fred Arce, Mark Evans and Dave Weston.

Key takeaways include: • Presidents’ Panel approval and appointee recognition: - President Mike Booth: Ty Embrey & Randy Palachek - President-Elect Hope Wells: Tom Kula & Emily Rogers - Past President Phil Kelley: Ronda Trow & Alia Vinson • Approval to move forward with a TWCA strategic planning event to be tentatively scheduled for January 2018.

• Approval for creation of TWCA Legal Advocacy Fund to assist with amicus curiae efforts.

• Ricky Clifton was awarded a Lifetime membership.

• Lori Traweek replaced Ricky Clifton on the Industrial board panel.

Third place team: Brian Sledge, Shauna Fitzsimmons, Shannon Houston and Chairman Lyle Larson.

• President Mike Booth awarded the President’s Award to Martin Rochelle and Lauren Graber.

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Photos from the Fall Conference

Texas Water Development Board Director Kathleen Jackson kicked off day one of the Fall Conference.

The TWCA M&S booth had some great volunteers. Way to go, Velma!

Marisa Flores Gonzalez, Dr. Katharine Hayhoe and Richard Hoffpauir discuss using climate change data in water supply planning for Austin.

House Natural Resource Committee Vice-Chair Dade Phelan, provided a great overview of Hurricane Harvey relief and recovery.

Harris County Flood Control District’s meteorologist, Jeff Lindner, briefs the crowd on emergency response and lessons learned from Harvey.

LCRA’s Lyn Clancy moderated the reuse litigation and policy panel.

Jason Hill, Doug Caroom and Trey Nesloney discuss the latest on reuse litigation and policy.

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Pictured with TWCA President Mike Booth and General Manager Dean Robbins, Martin Rochelle (L) and Lauren Graber received the President’s Award for their service and dedication to TWCA.

San Antonio River Authority’s General Manager, Suzanne Scott, discusses the upcoming improvements to San Pedro Creek in downtown San Antonio.

(L to R) Dirk Aaron, Doug Shaw and Joe B. Cooper highlight similarities and differences between the GCDs they manage in the Central Texas area.

San Antonio Water System CEO Robert Puente describes San Antonio’s water supply diversification.

City of Austin Watershed Protection Department’s Chris Herrington presents the plan of installing rainwater collection systems along watersheds to help manage stormwater runoff and maintain streamflow in creeks throughout downtown Austin.

Senior Service Hydrologist for the Houston/Galveston National Weather Service office, Katie Landry-Guyton, explains the emergency response protocol and its execution during Hurricane Harvey.

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Learning & Exploring at the Laredo Water Museum

By Adeline Fox, TWCA There are 15 major rivers in Texas. Of these major rivers, the Rio Grande River is the longest, stretching 1,900 miles.

With the raging headwaters originating in Colorado, the Rio Grande journeys along the Texas-Mexico border until it meets the Gulf of Mexico. The Rio Grande is the sole water source for several border towns on both sides of the river. One major city along the river decided to build a water museum to share the story of the Rio Grande with its customers.

The population of Laredo, Texas has continued to increase from 237,057 in 2010 to 257,156 in 2016. One main cause of this growth is attributed to the largest inland port in the country being based there. The World Trade Bridge provides a port of entry for 14,000 trucks traveling daily from Mexico. Increased population means demand for more water supply.

The City of Laredo began brainstorming ways to update its facilities and educate its customers about their sole source and water use in 2012. After visiting the City of Houston’s Water Works learning center, city personnel decided to build a water museum with offices that would help visually communicate the story of the Rio Grande. With the help of community buyin, the vision became a reality five years later.

Credit: Taken by Patrick Wong.

The Laredo Water Museum The Laredo Water Museum is located on the Rio Grande River and across from the Jefferson Water Treatment Plant in Laredo. The architecture of the building was designed by Metaform Studio, and the interactive exhibits were created by Core Design Studio in Houston. The museum officially opened in May 2017. Since then, there have been hundreds of visitors 30

from all backgrounds and ages. Interactive exhibits throughout the museum cover history of the Rio Grande, the water treatment process, water usage and nonpoint source pollution from plastic and trash. While the museum does include water conservation information, the scope of the message is not just about saving water. It’s about building awareness of several water issues throughout generations.

Water Treatment Superintendent, Tony Moreno, and Plant Operations Supervisor, Wenceslao Barberena, believe in the power of educating attendees. Barberena even helps give tours when he’s not overseeing operations at the water treatment plant.

“The water museum isn’t just here to teach you about water conservation or water safety.

It’s more about water awareness. Everything we do or have costs a certain amount of water,” says Barberena.

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The Tour With more than 30 interactive exhibits, kiosks and videos, the museum is filled with information spanning from local resources to global water issues. The tour begins near the Rio Grande history exhibit (1) before walking through a 72-inch diameter pipe (2) to learn about the water treatment process. From the end of the large pipe, smaller diameter pipes travel across the ceiling to connect with different home appliance exhibits (3). Each appliance station illustrates water used and describes benefits of high-efficiency products.

“We’ve been able to educate, not only with the water treatment tunnel, but also in regards to water conservation in the Rio Grande and the environmental part of this conversation,” says Moreno.

An environmental exhibit displays a storm drain with trash and debris in the streets to teach tour groups about keeping the river clean.

The take-home message is that all storm drain runoff discharges back into the Rio Grande.

There is also a smaller exhibit discussing how long it takes different plastic products to break down. In addition to the exhibit, a projected video of the world’s oceans is cast on the floor of the museum to illustrate the amount of plastic

Credit: Taken by Patrick Wong.

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“Water is not just the water you see or drink or use.

Everything revolves around water,” says Barberena. “Helping people understand this relationship is important.”

found in oceans.

One of the many highlights of the tour is the pump station with a five-gallon container. Many of the students enjoy this station the most. A rotating handle is pulled or pushed in circles to act as a pumping mechanism. A five-gallon container fills with water and then runs through small pipes like ones that might be found in a home water distribution system. Next to the pump station is a 40- pound water jug. The 40-pound container is equivalent to the weight of water that many carry to and from their villages daily in developing countries. Visitors can lift the jug to understand the true weight of water and gain an appreciation for established infrastructure in the United States.

Feedback so far More than 150 people attended the ribbon cutting in May 2017. Since then, elected officials, students, news crews, engineering firms, other public utility workers and members of the public have toured the museum. Both Moreno and Barberena believe that relating the information to the individual is the most important experience the museum can give visitors.

“Water is not just the water you see or drink or use. Everything revolves around water,” says Barberena. “Helping people understand this

relationship is important.”

When people connect their water use to museum exhibits, true learning occurs. In the same way, museum visitors learn about the importance of infrastructure in the water treatment process. Moreno knows that the long-term impact of the museum will be very important for the future of Laredo water.

“Being able to explain the water treatment process and maintenance costs to visitors is critical. It’s important to realize how much goes into treating water for this office and the community,” says Moreno. “This is a good way to help people understand and connect with the maintenance of infrastructure.”

You should visit Not only are the exhibits modern and interactive, the water treatment and conservation messages are both displayed effectively. There is also a “water weight” scale that calculates the amount of water within the human body. This exhibit, above all, might be the most representative of how much we all rely on water to function properly. The experience was informative and interesting. Moreno and Barberena are always welcoming new guests.

Maybe you’ll be their next visitor.

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Find The Laredo Water Museum on Facebook.

Safety Management Basics

By TWCA RIsk Management Fund

A guiding principle of most organizations is to maximize efficiency of operations. A corollary to this principle is the avoidance of losses that cut into productivity and consume resources that could otherwise be used to further the organization’s mission. The “avoidance of loss” concept is fundamental to safety and risk management. Operating and behavioral errors produce accidents and injuries that result in economic losses. The financial cost of automobile accidents and on the job injuries requiring medical treatment are compounded by the time cost and loss of earnings of those involved in accidents, injured or required to respond to the event. Workers’ compensation claims and automobile accidents are examples of losses that can be minimized through appropriate training and procedures. Even modest investments in preventive measures to reduce exposures in these areas can be expected to pay good dividends in terms of reduced costs of loss.

Safety management does not necessarily need to cost a lot of money. Aside from establishing and supporting a formal safety program, management can do a lot to improve the safety culture with little cost. Following are some basic, low-budget ideas for promoting safety in any organization.

Communication Communication is a critical element in the success of all management initiatives. Key communication objectives for risk management are to stimulate awareness and gain commitment among employees. It is important for everyone in the organization to be informed of risk management goals, structure, activities, and accomplishments. Employees also need to

understand what is expected of them as well as be informed about actual performance of their work groups and the organization as a whole.

The most successful organizations use a variety of methods to communicate internally.

This is particularly important to reinforce the organization’s commitment to safety and quality of service. Internal newsletters, bulletin boards, and intranets are an effective way to inform employees. Team meetings also provide an excellent opportunity for communication and dialogue on risk management issues. Safety committees, safety and risk managers should have easy access to these methods to help communicate the goals, structure, activities, and accomplishments of effective risk management within the center/district.

Organizations with the fewest losses tend to have open channels of communication, and they provide opportunities for employees to have regular and meaningful involvement in business operations and decisions. People on the front line generally know where the risks are and can contribute critical information to the center’s/district’s risk management efforts.

At a minimum there must be a clear and reliable method for employees to report accidents, safety issues and make suggestions for improvement.

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Accountability An organization sends strong messages of what is expected by the way performance is measured and reinforced through its performance system. If safety is talked about, but not measured as part of job performance, employees may assume they are not accountable and thus have no responsibility. Systems of accountability usually emphasize the roles of managers and supervisors because of their

It is important for everyone in the organization to be informed of risk management goals, structure, activities, and accomplishments.

leadership positions. Safety objectives and measures of performance can be focused on departments, facilities, or work groups that managers and supervisors lead. The cost of risk for each unit can be effectively measured and communicated. Goals for reductions in cost of risk or target costs can be made part of the measures that determine management or supervisor effectiveness in their job performance.

Encouraging employee participation is also an effective way to increase accountability. For example, when employees are involved in safety meetings, serve on a safety committee, or help conduct inspections, they typically develop a greater sense of ownership and commitment.

Membership on safety committees should be rotated so the educational advantages of participation can be spread, over time, throughout the organization.

Information is one of the most powerful tools for increasing accountability. Unless managers and supervisors are made aware of accident costs and safety performance in their areas, there may be little or no incentive for improvement. Tying this measure of performance to their compensation or bonus package can help focus attention on effective safety and risk management for their unit or department.

For Assistance Keep in mind that the Fund provides consultation and training for center/district employees on many safety issues. Courses that are available for member centers at their locations include: safety management for supervisors, van driver training, defensive driving, remote site safety, ergonomics and back injury prevention.

The Fund also offers annual safety workshops scheduled around the state to make it convenient for most members to attend. Liability workshops also address risk management issues related to employment law, compliance, privacy, contracts and other current issues.

If you would like further information contact the Fund at 800-580-6467, contact your Loss Control consultant or use the “contact us� form on the Fund’s website.

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Beer for Water Happy Hour in Austin

In September, TWCA co-hosted a happy hour with the Texas Land Conservancy. The Beer for Water event attracted about 100 people to Oskar Blues Brewery in North Austin on September 25.

All kinds of raffle prizes were available including Hydro FlaskŠ water bottles, a Soma water filter, gift certificate for Austin Steam Train, Round Rock Express baseball tickets, day passes to Austin Bouldering Project, and the most popular item, which was a three-hour zipline tour.

TWCA members attended the event and some even won awesome raffle prizes. Thank you to all who joined us and a special thank you the TWCA Risk Management Fund for helping sponsor the event! Be on the lookout for future networking opportunities! *All photos taken by Alix Collins.

How many TWCA members and staff can you find in this photo?

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TWCA Board of Directors 2017-2018 MICHAEL J. BOOTH President HOPE WELLS President-Elect PHIL KELLEY Immediate Past President DRAINAGE DISTRICT

Mike Yost, Pearland – 2019 (Chair) Kim Carroll, Beaumont – 2019 (EC) Don Carona, Orange – 2019 Chris Gallion, Clute – 2020 Andre’ McDonald, Sugarland – 2018 Alan Moore, Harlingen – 2020 J.L. Rose, Brookshire – 2018

GENERAL & ENVIRONMENTAL

Timothy Brown, Austin– 2020 (Chair) Martin Rochelle, Austin– 2019 (EC) Carolyn Ahrens, Austin– 2018 David Harkins, Austin– 2020 Robert M. Johnson, Dallas– 2019 Tom Ray, Waco– 2019 Ed Shackelford, Woodlands– 2018 GROUNDWATER Jim Conkwright, Lubbock– 2019 (Chair) Kathy Turner Jones, Conroe– 2018 (EC) Dirk Aaron, Belton– 2020 Joe B. Cooper, Stephenville– 2019 Drew Satterwhite, Denison– 2019 John Seifert, Houston– 2020 Brian Sledge, Austin– 2018 INDUSTRIAL James Kowis, Austin– 2019 (Chair) Glenn Lord, Freeport– 2018 (EC) Lori Traweek, Houston– 2020 Gary Gibbs, Austin– 2018 Jimmie Schindewolf, Houston– 2019 Sara Tays, Austin– 2019 Paulina Williams, Austin– 2020

IRRIGATION

Sonny Hinojosa, San Juan – 2020 (Chair) Glenn Jarvis, McAllen – 2018 (EC) Troy Allen, Edcouch – 2019 Tom McLemore, Harlingen – 2020 Kyle Miller, Wichita Falls – 2019 Tito Nieto, Los Fresnos – 2019 Steve Walthour, Dumas – 2018

MUNICIPAL

Wayne Owen, Fort Worth – 2020 (Chair) Fiona Allen, Arlington – 2018 (EC) Fred Arce, San Antonio – 2020 Jun Chang, Houston – 2019 Heather Cooke, Austin – 2019 Denis Qualls, Dallas – 2019 Hope Wells, San Antonio – 2018 NAVIGATION & FLOOD CONTROL Lyn Clancy, Austin – 2018 (Chair) Tom Gooch, Fort Worth – 2019 (EC) Carolyn Brittin, Austin – 2020 Dan Buhman, Fort Worth – 2020 Patrick Brzozowski, Edna – 2018 Doug Caroom, Austin – 2019 Mary Beth Stengler, Anahuac – 2019 RIVER AUTHORITIES Kevin Ward, Arlington – 2019 (Chair) Walt Sears, Hughes Springs – 2019 (EC) Scott Hall, Beaumont – 2019 John Hofmann, Austin – 2020 David Montagne, Orange – 2020 Kent Satterwhite, Sanford – 2018 Cole Walker, Big Spring – 2018 UTILITY DISTRICTS John Chisholm, San Antonio – 2018 (Chair) Michael F. Thuss, San Antonio – 2019 (EC) Darrell D. Grubbs, Mt. Pleasant – 2018 Kelley Holcomb, Lufkin – 2019 Donna Howe, Austin – 2019 David Weidman, Mount Vernon – 2020 Christopher Wingert, Abilene – 2020

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PAST TWCA PRESIDENTS Franklin B. Moon, Houston John H. Specht, Pocatello, ID R.H. “Bob” Parker, Houston Fred N. Pfeiffer, San Antonio Sam. F Collins, Newton Ronald J. Neighbors, LaGrange James P. Murphy, Angleton Danny F. Vance, Arlington Robert Lee Johnson, Dallas Robert J. Huston, Austin Con Mims, Uvalde Alan H. Plummer Jr., Fort Worth James M. Oliver, Fort Worth Robert Wagner, Crystal City A.T. “Tommy” Hebert Jr., Beaumont W.E. “Bill” West Jr., Seguin C.E. Williams, White Deer Wayne Halbert, Harlingen Robert H. Lloyd, Austin Joseph J. Beal, Bastrop Peggy W. Glass, Austin Gregory E. Rothe, Hondo John E. Burke, Bastrop Jerry L. Clark, Buna M. Jeff Taylor, Houston Sonia Lambert, San Benito James M. Parks, Wylie Luana Buckner, Hondo Phillip J. Ford, Waco Robert J. Brandes, Austin John W. Grant, Big Spring

PRESIDENTS’ PANEL Ronda Trow, Conroe – 2018 Alia Vinson, Houston – 2018 Ty Embrey, Austin – 2019 Randy Palachek, Austin – 2019 Tom Kula, Wylie – 2020 Emily Rogers, Austin – 2020

How well do you know your TWCA staff?

Excluding people and necessities, which three luxury items would you take with you on a deserted island?

DEAN

STACEY

My dog Rowdy, cable TV, and a barn full of farm equipment.

My running shoes, Trader Joe’s Pub Cheese, and unlimited podcasts.

LISA

ADELINE

Wine, wine glass, and wine opener.

A solar-powered iPAD mini, my dog Elly, and a lifetime supply of Saint Arnold’s beer.

BECKY Netflix, tacos, and LaCroix sparkling water.

What’s new with TWCA?

Q2 Confluence Online Statistics

511

8:56

(users opened publication)

(average time spent reading)

reads

Welcome new members!

American Water Aldie Warnock

minutes

Cardno GS Erica Boulanger

1,106

Greenleaf Waste Solutions, LLC Jim Cooksey

impressions

(publication displayed to user)

Tommy Miles Walker Partners John Lindner

Website - Event calendar now available for members to post events - send us the event date and details.

- TWCA policy and comment letters section now available on website 38

#MORETHANWATER

Supporting where you live, work and play www.NTMWD.com

Upcoming Events

Texas Water Day Hyatt Regency Washington on Capitol Hill Feb. 6-8, 2018 TWCA Annual Convention Hyatt Regency Lost Pines Resort & Spa March 7-9, 2018

39

Thank you to all our Confluence Sponsors for making this publication available to our members.

PLATINUM Bickerstaff Heath Delgado Acosta LLP North Texas Municipal Water District Sabine River Authority of Texas Tarrant Regional Water District GOLD Brown & Gay Engineers, Inc. Halff Associates, Inc. INTERA, Inc. Lloyd Gosselink Rochelle & Townsend, P.C. San Jacinto River Authority SILVER Barton Springs/Edwards Aquifer CD Northeast Texas M.W.D. Upper Neches River Municipal Water Authority BRONZE Blanton & Associates, Inc. LRE Water, Inc. NewGen Strategies & Solutions, LLC.

Thank you for your support of the Confluence. www.twca.org | 512.472.7216