Good Planning Comes to the Rescue When an Emergency Occurs
Also Inside: Inside: Facts About the Lake Jackson Amoeba Incident and N. Fowleri USDA Makes Revisions to Its Guaranteed Loan Program 2020 — Issue 5 www.trwa.org
TRWA Today Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of over 750 nonprofit water supply corporations, water districts, small-town water departments and investor-owned utilities. In addition, more than 200 water industry suppliers participate in TRWA activities as associate members. TRWA members provide water and wastewater service to 3 million customers throughout Texas. TRWA is dedicated to helping directors, managers, operators and office professionals provide efficient service and clean, safe drinking water to their customers. Through on-site technical assistance, education and information exchange, TRWA helps its members better meet their needs as well as the needs of their customers.
Board of Directors
TRWA Staff
Officers
President Chris Boyd Denton (District 3) Vice-President Bruce Alexander Medina (District 2) Secretary Kevin Spence Franklin (District 11) Treasurer Robert Nettles Walker (District 13) Immediate Past President Brian Macmanus Cameron (District 6)
District Directors Mark Gardenhire Shackelford (District 1) Steve Adams Brown (District 4) Dave McMurry Bastrop (District 5) Johnny Rudisill Collin (District 7) Charles Beseda Hill (District 8) Pat Allen Guadalupe (District 9) Kent Watson Brazos (District 10) Shirley Thompson Kaufman (District 12) Bill Baird Rusk (District 14)
Leadership Team Lara Zent Allison Kaminsky Larry Bell Nichol Howell Tom Shephard, CPA Trent Hightower Jason Knobloch
Executive Director & General Counsel Deputy Executive Director Technical Assistance Director Professional Development & Training Director Finance Director Assistant General Counsel Environmental Services Director
ext. 101 ext. 107 cell: 512-964-8133 ext. 134 ext. 102 ext. 106 ext. 137
Amanda Ashcraft Melody Bennett Ross Brookbank Pam Cantrell Kelsey Copeland Lisa Gallo Angela Harris Miles Hartman Brittney Melancon Emily Young Ariane Walker
Office Manager Project Support Specialist Membership and Outreach Manager Accounting Support Specialist Communications Specialist Meeting and Event Planner Project Support Specialist Course Development Specialist Paralegal Assistant Environmental Services Director Training Support Specialist
ext. 100 ext. 130 ext. 108 ext. 139 ext. 155 ext. 105 ext. 131 est. 135 ext. 110 ext. 132 ext. 111
Thomas Acker, Jr. Michael Beadnell Nathan Cantrell Alex Eaves Paul King Deborah McMullan Charles Perkins Bruce Pearson James Smith Quentin Turner William White Scott Willeford Gilbert Ybarbo
Instructor Instructor/Circuit Rider Wastewater Technician Wastewater Technician Circuit Rider Source Water Protection Specialist Circuit Rider Instructor Circuit Rider FMT Specialist Assistant Technical Assistance Director FMT Specialist FMT Specialist
cell: (512) 751-6337 cell: (512) 924-4552 cell: (512) 924-7158 cell: (512) 964-7203 cell: (512) 913-9753 cell: (512) 923-5842 cell: (512) 964-2108 cell: (512) 922-4942 cell: (512) 964-9234 cell: (512) 517-9889 cell: (512) 924-4233 cell: (512) 657-8813 cell: (512) 317-2003
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Contact the Editor
Editorial and advertising inquiries may be directed to the Communications Department at editor@trwa.org. Join the conversation at: www.facebook.com/TexasRuralWaterAssn 2
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Find us at @TexasRuralWater for industry and legislative news relevant to you!
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Features:
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USDA Makes Revisions to its Guaranteed Loan Program
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Good Planning Comes to the Rescue When an Emergency Occurs.
By Trent Hightower, Texas Rural Water Association The USDA–RD recently amended its Guaranteed Loan Program, which went into effect on October 1, 2020.
By Robert Cullick, Robert Cullick Communications Emergencies will happen. Crises are self-inflicted. Do you have a crisis communications plan?
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Calling all Texas Rural Water Emerging Leaders
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A Climatologist Explains La Niña's Impact on Texas
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Apply Today for a TRWF Scholarship
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From the Hole: CC Rider
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In Memoriam: Jo "Jody" Ball and Roark Rohe
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TRWA Briefs
By Charles Perkins, Texas Rural Water Association The tragedy of a child dying from an infection in Texas turned the nation's eye to N. fowleri and stoked public anxiety about the quality of their own water. Here are some of the facts.
In Every Issue: Letter from the President Letter from the Executive Director
4
Ask Larry
5 12
Keep it Legal
14
Answers to your technical questions Answers to your legal questions
Classified Ads Advertiser Index Plan Ahead
TRWA’s Calendar of Events
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Facts About the Lake Jackson Amoeba Incident and N. Fowleri
By Kelsey Copeland, Texas Rural Water Association We are now accepting applications to our 2021-22 Emerging Leaders Program! Read on for a Q&A with Dr. Nelun Fernando from the Texas Water Development Board. By Allison Kaminsky, Texas Rural Water Association The application window for 2021-22 Student Scholarships is now open! Tales from the road from TRWA's Instructor turned Circuit Rider, Michael Beadnell. TRWA says goodbye to two longtime friends of rural water. TRWA Awards of Excellence Applications Being Accepted; Eminent Domain Filing Began on November 1
On the Cover: Wind and Water, by Alex Eaves, 2020 PH 2OTOSTREAM Category Finalist Quench — 2020 Issue 5 3
President’s Message Hello Rural Water Family, As life in the pandemic continues, I certainly hope each and all of you, your staff, and Board members are safe! Twenty-twenty continues to deliver on its status of being the craziest year I’ve ever experienced! It sounds like help is on the way with some promising vaccines currently in final testing stages.
“Our TRWA staff, lobbyists and Board Legislative Committee are gearing up for the upcoming Texas Legislative Session.”
Right now, our TRWA staff, lobbyists and Board Legislative Committee are gearing up for the upcoming Texas Legislative Session, which is shaping up to be unique right along with most everything else in life due to Covid. It’s really tough to gauge what’s going to happen during this session. During discussions with my own representative, who recently visited our offices, he wasn’t completely sure of exactly how things were going to work at the Capitol. Rest assured, TRWA will remain vigilant in examining potentially impactful legislation that gets filed. I’d like to take this opportunity to share our heartfelt condolences to the families of two longtime vibrant figures in TRWA who recently passed. Mr. Roark Rohe, GM of Phelps SUD, was very engaged with our PAC and legislative issues, and we were honored to present him with the Excellence in Management award in 2018. Mr. Jo Ball, GM of Bolivar Peninsula SUD, was a former TRWA Board member, and was most recently involved in our Emerging Leaders Program. Most of us will remember Jo from his lively auctioneering at the annual conference! We appreciate your continued support of TRWA! Please be sure and reach out to staff or your TRWA District Director if there is any way we can be of assistance. Stay safe! I wish each of you a very blessed Thanksgiving and Merry Christmas! My regards,
Chris Boyd President Texas Rural Water Association
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Letter from the Executive Director Dear TRWA Members, With Thanksgiving around the corner, I’m thinking about what I’m thankful for. Twenty-twenty has been a challenging year. We have lost loved ones and have been confronted with new and unique challenges. Our children have had to attend school remotely, and we have had to be socially distanced in all areas of life. At the same time, we have become innovative, slowed the pace of our lives and spent more time with family or those in our inner circles. For these things, I am thankful. Some of the ways we have had to innovate may be better ways to conduct business. For example, some utilities are finding that requiring customers to make appointments, instead of dropping in any time, is more efficient and minimizes work disruption. Holding some meetings through online video conferencing can be just as effective and reduce travel costs. Being able to work remotely may allow more people to live in rural areas, contributing to the rural economy. Greater reliance on the internet has highlighted the need for broadband in rural areas, making it a bigger priority for lawmakers. At TRWA, we regret having to scale back on the in-person interactions with our members at conferences, in classroom trainings and through on-site assistance. Despite these setbacks, I am thankful our training department has been able to update all our training manuals, improve our presentations and develop new online classes. We have also begun offering webinars to bring live virtual training to operators who aren’t able to attend in-person.
“Some of the ways we have had to innovate may be better ways to conduct business.”
In addition, we have been developing new services to enrich your TRWA membership. We developed software to assist members with creating risk assessments and emergency response plans to comply with America’s Water Infrastructure Act of 2018, which we’re rolling out in December. We began offering free tutoring to operators to assist them with their license exams. In 2021, we’ll offer an inexpensive digital consumer magazine to assist members with educating their customers about our industry. We’re also gearing up for the 2021 Legislative Session. Pre-filing of bills started November 9th and we are reviewing them to identify ones that may impact our industry. Because large groups, like the one we bring on Rural Water Day, will likely not be allowed in the Capitol, we’re launching Rural Water Week January 4-8 to visit with legislators before they return to Austin. Finally, I am thankful for a great team of employees at TRWA, a dedicated board of directors, and you — our members who provide high quality water and wastewater services to your communities every day. My best,
Lara Zent Executive Director and General Counsel Texas Rural Water Association
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USDA Makes Revisions to its Guaranteed Loan Program By Trent Hightower, Assistant General Counsel, Texas Rural Water Association
T
he United States Department of Agriculture – Rural Development (USDA-RD) recently amended its Guaranteed Loan Program, which went into effect on October 1, 2020. These USDA-RD guaranteed loans currently provide TRWA members with protection from decertification of their service area by cities and developers under the federal 7 U.S.C. Sec. 1926(b) statute. Under this program, a loan is administered through private banks and guaranteed by USDARD. As you may recall, Sec. 1926(b) states that the service area of a USDA-RD borrower utility cannot be decertified or encroached upon because doing so jeopardizes the government’s investment by diminishing the collateral upon which the loan was based. This protection applies regardless of whether the loan is directly issued by USDA-RD or through its Guaranteed Loan Program. For guaranteed loans issued under the new rules, if lenders choose to obtain the loan note guarantee at the time of loan closing as opposed to at project completion, the lender has to pay an additional fee to cover the government’s added risk. It has been commonly understood that the 1926(b) protection has applied upon the closing of the loan, but recently the timing of when the federal debt protection takes effect became the subject of litigation. TRWA member Rockett Special Utility District (Rockett SUD) sought to protect its service area from decertification by the Public Utility Commission of Texas. They asserted in federal district court that their service area is protected under 1926(b) based on their obtaining a loan from CoBank that was guaranteed by USDA-RD. One of the defendants, the City of Red Oak Industrial Development Corporation, moved to dismiss Rockett SUD’s complaint arguing that 1926(b) protection does not take effect until construction of the project being financed is completed and the USDA has issued its final loan note guarantee. Rockett SUD responded that 1926(b) protection is triggered upon the closing of the loan, USDA’s 6
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issuance of its conditional commitment and USDA’s approval of the guarantee. TRWA filed an amicus brief with the district court agreeing with and supporting Rockett SUD’s position. TRWA argued that USDA-RD is contractually bound to issue its loan note guarantee as soon as the agreed-to conditions are met. Also, CoBank had already funded its loan relying on the guarantee, so the term of the loan had commenced. Finally, TRWA asserted that if the court changed when the protection takes effect, it would undermine this important program that rural utilities have relied upon. Unfortunately, the district court agreed with the defendant and Rocket SUD is appealing the decision to the federal Fifth Circuit Court of Appeals. The outcome of this case will determine whether Rockett SUD and other utilities that currently have a USDA-RD conditional commitment and approval of a loan guarantee are protected by 1926(b); but the new rules should protect utilities, private banks and USDA-RD moving forward.
J. F. FONTAINE & ASSOCIATES, INC. CONSULTING ENGINEERS RURAL WATER SYSTEM ENGINEERING SINCE 1962 700 N. Sycamore St. P.O. Box 4187 Palestine, Texas 75802
(903) 729-6005 jffontaine@jffontaine.com
FINANCING SOLUTIONS FOR RURAL WATER SYSTEMS
Specially negotiated terms for TRWA members
Texas Rural Water Association has partnered with CoBank, a national cooperative bank that serves vital industries across rural America, to provide attractive financing solutions for TRWA members. Find out about the specially negotiated terms on many loan products for water and wastewater utilities, including:
3 USDA GUARANTEED LOANS AND BONDS 3 USDA INTERIM CONSTRUCTION FINANCING 3 LINES OF CREDIT 3 USDA REFINANCING 3 TERM LOANS Visit TRWA’s website for complete information about the program:
www.trwa.org/cobank For further questions, please contact John DeLuca at 303-694-5958 or email texaswater@cobank.com
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Good Planning Comes to the Rescue When an Emergency Occurs Emergencies will happen. Crises are self-inflicted. By Robert Cullick, Robert Cullick Communications
W
hen someone using our product becomes ill, or a considerable number of people lose service, or fish are killed by a sewage spill, there’s a fine line between an emergency and a crisis. In the water business, we survive emergencies all the time — backhoe operators break lines, hurricanes and tornadoes disrupt service, we issue boil water notices, there are billing fiascoes and even extended outages. The customer may be inconvenienced and even become irritated, especially as recovery time increases. A crisis is different. A crisis occurs when the emergency is not communicated crisply, to the right people, with the right messages about risk. Then, confidence and trust disappear as quickly as a sand castle at high tide. An emergency can last hours, days or weeks. A crisis may be forever. Trust, once broken, is difficult to repair. Water systems are complex and so are water issues. Consider the case from late Summer 2020 of the East Texas town of Lake Jackson, where a six-year-old boy died of infection with Naegleria fowleri. The water source for the town was blended, making source-tracing difficult. There’s no rapid or routine test for the amoeba, described by the news media as “brain-eating.” And notification about the child’s hospitalization came many days after he first fell sick. Eventually, the fatal infection was traced to a water feature at a city park. It attracted regional, state and national news interest. Yet the Lake Jackson case was simple compared to the worst water-quality crisis in recent times, Flint, Michigan. A public health crisis there started in 2014, when a water supply element was switched without concordant changes to anti-corrosion chemistry. Lead levels spiked and an estimate 6,000 to 12,000 children were exposed to high levels of lead in 2016. Criminal prosecutions, political upheaval and a federal disaster declaration ensued. While the 8
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source of water was switched again and pipes were replaced, customers still express doubt over the safety of the water; some see racial underpinnings in the government’s mishandling of both the emergency and the communications around it. Mistrust was more corrosive than the water itself. Here’s the thing to remember – there’s a direct emotional connection between a frightening emergency such as Lake Jackson, Texas, and the deep crisis of Flint, Michigan. For decades, it will be that way in the public mind. The public doesn’t understand water treatment and distribution. When something goes wrong, fear and self-preservation click in, controlling public discourse. Flint is always going to be in the back of the public’s perception of a water emergency. Lake Jackson was an emergency; Flint became a crisis. One can easily careen into the other. What can water professionals do? Preparation is key. Know who will speak for the utility and train them. At any time, there must be one spokesperson. The spokesperson needs clear rules of the road and training. In an emergency, there will always be someone – perhaps a Board member or attorney – who advises the spokesperson to say as little as possible. It’s a bad idea, born out of the fear of the moment. There should be good alignment between the Board, the General Manager and the utility’s legal advisor, if needed. This should be spelled out in an emergency management plan with a strong communications element. It’s too late to begin this when you’re in the midst of an emergency. Positional power is important, but the spokesperson does not have to be the General Manager; it must be someone who is trustworthy and plainspoken without being condescending. The spokesperson needs to face the public, employees and customers as well as the news media. A
technical person can be called upon to provide the technical perspective, if required. One spokesperson means one spokesperson. Make sure that employees know not to use their personal social media accounts to comment or speculate. Social media is a powerful source of misinformation. Know and practice the order of communications Communications must be made in the right order, established by written procedures and tested for commonsense. Procedures should be in place for alerting regulators and health authorities. The Board, public officials and employees should know what you’re going to tell the public, your customers and news media. Order demonstrates respect, avoids mistakes and creates message discipline. At one point in my career, I was responsible for communications at the Lower Colorado River Authority, which manages the Texas Colorado River. After a flood event, we discovered severe erosion at a significant dam. More rain was in the forecast. Mass evacuations seemed probable. Starting at 5 a.m., we alerted multiple county emergency management officials, elected officials, water utilities with pipes in the river, those living closest to harm’s way, and others. We ended with the news media at noon. When reporters made their round of calls to local officials, they could find none for whom the event was a surprise. Aggressive communications resulted in minimal public alarm. Many thousands of yards of concrete filled the erosion gaps over the next 90 days. Know what to say in public statements – and what not to. It’s not easy to summarize good public communications in an emergency, but here are some rules of thumb. •
Use language you’d use with a family member. The moment you use a term of art, you’re going over the public’s head.
•
Don’t be afraid to be human. Empathize with those affected. Express your concern for their health, safety or disrupted schedules. Never minimize public concern.
•
You won’t have all the answers as an event begins. Don’t be afraid to say: “Here’s what we know. … Here’s what we expect to find out soon. We will let the public know as soon as we do get this information …”
•
Don’t give hard deadlines when the public would be satisfied with a range of times. “We expect that service will be restored between noon and sunset” is better than “by 4 p.m.”
•
Take responsibility for what you are responsible, but not more. Apologize if your organization failed to meet its own standards or those of a higher authority. Tell the public what you will do to fix things.
It’s mostly about social media These days, if your organization cannot put out a public statement on two social media channels within 30 minutes, 24/7, you’re in trouble. Social media has made everyone a publisher, with no one accountable for misinformation. You cannot ignore it. Employees must not post pictures or accounts about an event on their social media. They have instant credibility, while they may only know a portion of what is going on. The “news desert” in Texas is growing. There are fewer reporters who cover events. That’s a bad thing, because it makes it difficult to maintain a relationship with the news media. Nevertheless, someone on your staff should have the responsibility of maintaining a media list and know how to craft a simple news release with the Five Ws: who, what, when, where and why. Like everything in our business, good communications takes preparation and training. Emergencies are unavoidable; crises are entirely self-inflicted. That’s my take-away from four decades in infrastructure, political and crisis communications. *** Written for the Texas Rural Water Association by Robert Cullick Communications. Robert Cullick has handled electric and wet utility communications in Texas for 40 years and speaks often at TRWA conventions. He is an independent consultant operating out of Travis County, Texas, and responds to your questions at Robert.Cullick@gmail.com
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Facts About the Lake Jackson Amoeba Incident and N. Fowleri By Charles Perkins, Energy Efficiency Circuit Rider, Texas Rural Water Association
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n September, a 6-year-old boy who lived in Lake Jackson, Texas became infected with Naegleria fowleri (N. fowleri), described by the media as a “brain eating amoeba.” Unfortunately, the youngster ultimately succumbed to the effects of infection, and he died on September 8. His death prompted city officials to investigate potential sources of contamination in the city’s water system. In actuality, N. fowleri infections are very rare. In the decade from 2010 to 2019, only 34 infections were reported in the United States. The N. fowleri amoeba cannot infect a person through ingestion of water. The amoeba enters the body through the nose and can travel to the brain where it destroys tissue. Unlike other pathogens, this one can only cause infection when entering the body in this manner and drinking contaminated water will not cause infection as the human digestive system is sufficiently hostile to kill it. The water source for the city of Lake Jackson is blended, making source-tracing difficult. The city utilizes both groundwater produced from its wells located in the Gulf Coast/Chicot Aquifer, and surface water purchased from the Brazos River Authority which has the Harris Aquifer as its source. The discovery of the N. fowleri initially lead to Lake Jackson officials issuing a “Do-Not-Use” notice on September 25. This notice was rescinded on September 26 and replaced with a Boil Water notice.
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which is treated to the same level as swimming pool water. The Centers for Disease Control (CDC) issued findings that determined the water storage tank for the “Splash Pad” created the environment which allowed the amoeba (N. fowleri) to grow. City officials working with Texas Commission on Environmental Quality (TCEQ) investigators and other governmental agencies determined that the storage tank in question had a low disinfectant residual and that the timer system used to operate the spray nozzle system reduced the flow of water through the tank and helped to create the conditions under which algae and other microbes such as the N. fowleri amoeba were able to grow.
"While the N. fowleri amoeba is very susceptible to destruction by chlorination, it can survive for prolonged periods when encased within the protective biofilm that can form inside water distribution pipes."
Investigations determined that the source of the N. fowleri was limited to a “Splash Pad” located at the City of Lake Jackson’s Civic Center. A “Splash Pad” is a recreation area in a public park that has little or no standing water and which utilizes ground nozzles to spray water into the air. Typically, the water used in these systems is either “fresh” potable water or “recycled” water 10
Investigations determined that the source of the N. fowleri was a "Splash Pad located at the City of Lake Jackson's Civic Center.
This incident at the City of Lake Jackson would be the first case of an infection of the N. fowleri amoeba in Texas associated with a public water
source. This tragedy received nationwide news coverage, understandably stoking public anxiety across the country about the quality of their own water. The N. fowleri amoeba can be found in warm freshwater lakes and rivers, as well as hot springs and in the soil. This amoeba possesses no special resistance to chlorination, and a 5-minute exposure to a free chlorine concentration of 0.5mg/l will kill the organism. While the N. fowleri amoeba is very susceptible to destruction by chlorination, it can survive for prolonged periods when encased within the protective biofilm that can form inside water distribution pipes. Not only do these biofilms absorb the free chlorine that comes into contact with the outer layers of the microbes, but they shield and protect the microbes that dwell within this protective coating. To guard against this, periodic flushing of distribution lines and proper circulation of water in storage tanks will prevent the conditions which would allow its growth.
slightly lower disinfectant residuals, longer than average detention times, possible cross-connection contamination, and water which may have been allowed to pool even slightly on the surface of the play area were the perfect recipe for disaster which claimed the life of an innocent young boy. While the N. fowleri amoeba may be rare and infections even rarer, this incident should serve as a stark reminder of why we, as providers of public drinking water, must remain ever vigilant in our efforts to protect the public from the hidden dangers of which many remain unaware. If you have any questions about this article, you can contact charles.perkins@trwa.org or your area Circuit Rider. If you are unsure of what Circuit Rider is assigned to your area, please call us at 512-4728591 and we will get you in touch with your contact to answer your questions or schedule a visit.
The Lake Jackson incident is a tragic example of how easily the conditions that allow pathogenic microorganisms to grow can be present in even the most well-run utilities. The combination of
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Ask Larry A Q&A column with TRWA Technical Assistance Director Larry Bell
Q:
Can you explain the difference between the USDA-RD “general” and “location-required” easement forms? When should we use one over the other? A: The question of when to use one of the standard USDA-RD easement types is a common question. The 442-8 is the line-specific type easement, while the 442-9 is the “general easement” form. Both of these easement forms have been evolving for more than 50 years, and each one has its own specific purpose. The 442-8 line-specific form should be used when a landowner wants the water, sewer line, or meter installed in a specific place on their property. For instance, a landowner may be planning some landscaping along the front of their property and want the line to be installed along a predetermined route. This could be with either a surveyed route or some other drawing which shows the exact location of where valves are located or where the pipelines turn or drift away from the normal property boundary to bypass a pond, building or other feature. More often, landowners want to have a recordable document showing the exact location where the lines are installed so that in the future there will be no guessing as to where the line crosses their property.
complete right to come back at a later date and tie onto the end of that original line and continue across the rest of the property frontage or turn the next phase of pipeline construction down another side of the same property. Systems should be sensitive to the landowner’s rights and permissions they provide to the system and not abuse the trust established during the first construction project. Some systems and even some attorneys contend that once a 442-9 general type easement is signed, the system has the right to continue installing new water lines anywhere they desire whenever they wish. However, the general easement form says that the easement is “as installed,” not “as installed now or in the future.” Personally, in my years as a system manager, I probably would not have successfully obtained as many easements as I did had I not made it clear that the easement was only for the pipeline currently being installed, and not for some unknown future project. In my opinion, the safest approach is for the system to secure another easement for future construction projects. New projects need to have new easements.
"For systems with only one operator, it is critical that they have a backup plan to ensure the proper functioning of their water system when that person is out on either scheduled or unscheduled leave."
The 442-9 general easement form is not as formal and allows the landowner and the system to mutually agree that the lines, meters, valves, and other infrastructure are to be installed along the property boundary. Then thereafter the “center line of this easement is established by where the system’s facilities are initially installed. “Initially installed” just means that once the system has completed the final installation of the current related equipment and pipes the easement’s center line is set. This does not mean that the system has the 12
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Finally, I want to add that if the system wants to just deal with this property owner on this one occasion to secure an easement across the entire frontage of the property, they should probably use the 442-8 line-specific form. This form allows for the system and the owner to agree that the easement is not just for the current line to be installed, but future line extensions that would continue across the frontage of the property even though the initial construction project would not include the full water or sewer line. Q: I have a question about a utility’s liability for damage on a customer’s side of the meter. We have a customer who wants us to replace a water heater due to a buildup of calcium. Who is responsible for replacement?
A: We see this question quite a bit for all different types of in-house appliances, fixtures, and even clothes. First, you should check your tariff or district service policy to see what it says about such liability. The TRWA Sample Tariff specifically states that “the corporation is not liable for damages caused by … events beyond its control…”. Also, in the sample service application and agreement, applicants specifically agree to hold the corporation harmless from any and all claims for damages caused by “events beyond the corporation’s control.” The system has no control over whether the customer properly maintained or regularly flushed the water heater. The purpose of the drain valve on hot water heaters is to drain the hot water tank to make repairs, change elements and to periodically flush sediment out of the tank. Also, all water supplies contain some chemicals or minerals whose properties can change when placed into a hot water environment, thereby accelerating the settling process within the tank. Periodic flushing removes some of this sediment or accumulation from the tank so that it does not become corrosive. It is not the utility’s responsibility to ensure that this is done properly, as the utility’s responsibility ends at the meter. If your tariff contains statements similar to those found in the TRWA Sample Tariff above, you might consider showing the customer a copy of the relevant provisions. With all this being said, some systems still feel obligated to help customers replace damaged appliances such as this water heater. The problem with doing this is that once the system begins taking the responsibility for replacing hot water heaters, or anything else within the customer’s house or property, where does this stop? More and more customers will begin saying the water made something in their house fail, and the system ends up on a slippery slope to replacing more and more items.
their water system when that person is out on either scheduled or unscheduled leave. Many systems in this situation work out a mutual aid agreement with a neighboring system so that if their operator is out on leave the other system’s licensed operator can step in and see that all applicable state regulations continue being met. Of course, these agreements will require your operator to be available to step in if the neighboring system’s operator is out on leave as well. Other systems may hire an operations company to fill in for their licensed operator on an as needed basis. This can be beneficial because reputable operations companies should be able to send someone on relatively short notice or be able to work around your operator’s schedule. If you are fully dependent on a neighboring utility’s operator to step in when needed, you could be out of luck if that utility’s operator is also sick or on vacation at the same time as your operator. Finally, some systems ensure coverage by doubling up on operator licenses in house. These systems may opt to send one of their board members, office staff, or manager to take the appropriate operator training courses so they can obtain a proper water license that would allow them to operate their system during the regular operator’s time off. If you have a technical question you would like answered, please e-mail larry.bell@trwa.org.
Q: We are a small utility and only have one employee with a Class C or higher operator’s license. What policies and procedures would you recommend we implement for when this person goes on vacation or is sick? A: TCEQ rule 290.46(e) requires that the production, treatment, and distribution facilities of a public water system be under the direct supervision of a licensed operator at all times. Thus, for systems with only one operator, it is critical that they have a backup plan to ensure the proper functioning of
Planning & Design Services for your Water System TREATMENT · STORAGE · DISTRIBUTION
877.572.3647 KSAENG.COM
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Keep It Legal Answers to Members’ Questions by TRWA Assistant General Counsel Trent Hightower
Q:
A nearby city is considering imposing a “franchise fee” on our utility. What is this fee and is there any way we can recoup this additional cost? A: Franchise fees are fees assessed by cities on utilities operating within their limits. Section 13.247 of the Water Code gives cities the authority to regulate certain activities within their city limits, including the use of their facilities, such as streets, alleys, and right of ways. Each time a city-owned facility gets used, the city incurs incremental costs associated with that use in the form of everyday wear and tear, which the city will ultimately have to pay for in the form of maintenance and repairs. Franchise fees allow the city to recoup some of that cost from utilities who contribute to that wear and tear through their use of those facilities. Section 182.025 of the Texas Tax Code caps these fees at 2% of gross receipts generated within the city. Utilities, however, aren’t using the city’s facilities for their own benefit; they are using the city’s streets and right of ways to install and maintain the infrastructure necessary to deliver water service to their customers who reside in the city. Since the end user is the indirect cause of the wear and tear on the city’s facilities as well as the ultimate beneficiary of that use, utilities may pass the franchise fee on to their customers in the form of a franchise fee assessment. To collect this fee, the utility must clearly account for it in its current tariff or district service policy. It is important to note that utilities
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may only impose a franchise fee assessment on those customers whose meters are located within the corporate limits of the city. Also, the utility should make sure that the assessment is truly pass through in nature; in other words, the amount the utility assesses against its customers should mirror the fee being imposed on the utility by the city. Q: Can employers maintain cameras in the workplace as a means of monitoring their employees? If so, should employees be aware of the cameras or can they be hidden? A: The sources I've been able to find indicate that employers can generally make video recordings of their employees as long as cameras aren’t placed in sensitive areas where people have an expectation of privacy. Places like restrooms, locker rooms, and changing areas have generally been found to be locations where employees have such an expectation, but for other, less sensitive locations, courts must conduct a fact-specific analysis to determine whether placement of a camera violates an employee’s reasonable expectation of privacy. In doing so, courts will typically consider things like the employer’s interest in monitoring their employees, the means employed to do so, and whether the employees knew about the monitoring beforehand, among other factors. Based on what I've seen, video recordings are much less regulated than audio recordings, which I will discuss in greater detail below. I believe most employer video surveillance would likely pass the expectation of privacy test described above if cameras are located in common areas of the office, such as meeting spaces, break areas, or customer lobbies. Personal offices might be a closer call. For example, in some offices it's not uncommon for employees to occasionally change clothes in their office — maybe before or after going to the gym, or perhaps if they have a social event after work that requires a quick change. Another example is a new mother that may need to use her office as a lactation room. These uses could give employees an expectation of privacy in those more private
spaces even if they are typically open to access by other coworkers. With that in mind, I think it's probably a good idea to notify your employees ahead of time if you're going to install video cameras on your premises. That way they can't later claim that they had an expectation of privacy in the workplace if they were aware of the cameras beforehand. Also, putting them on notice could have a desirable deterrent effect that could prevent the behavior that prompted the question about cameras in the first place. I would also suggest adding this to your employee policies and requiring each employee to sign a release acknowledging that they are aware of the cameras. The policy should clearly establish where and when the recordings will be happening, particularly if there will be cameras in an individual office with a closed door — that way they do not have the expectation of privacy. Finally, if your cameras also pick up audio, they could run afoul of federal and state wiretapping laws. In Texas, you can only record a conversation if one party to the conversation consents to the recording. Because of this, I would advise against any kind of recording that captures audio. As I mentioned earlier, audio recordings are much more highly regulated than video, and in most cases the recording party (i.e. the employer) will not be a party to the conversations being recorded — this would make many such recordings illegal and expose you to potential liability.
First, the Texas Open Meetings act does not explicitly prohibit a board member from making a recording of an open meeting, either with or without the consent of the other directors. Further, the Act even explicitly allows the general public to record meetings, so it makes sense that directors can also make such recordings if they elect to do so. If your directors are recording discussions taking placed during closed sessions, however, I would strongly advise that they discontinue doing that immediately for a couple of reasons. First, when a board meets in closed session, they are required to keep either a certified agenda (a technical term for written minutes of the closed session) or record the meeting. If they opt for the recording, that recording is supposed to be kept private and only be disclosed if a court orders its production. The Act prohibits a director from revealing a certified agenda or recording of a closed session to people who are not on the board. Thus, if a director were to make his or her own recording and then shared it with someone outside the boardroom, they could be subject to the Open Meetings Act's criminal penalties provisions, which makes such disclosure a Class B misdemeanor.
"Audio recordings are typically allowed in Texas as long as one party to the conversation consents to the recording."
Q: We have had a couple board members bring recording devices to our monthly board meetings and make recordings without the rest of the board’s knowledge. Is this legal? Does it violate any provisions of the Texas Open Meetings Act? A: As mentioned in the previous question, audio recordings are typically allowed in Texas as long as one party to the conversation consents to the recording, so from a pure legality perspective, I don’t think there is anything criminal about your board members’ conduct. However, they could be subjecting themselves to liability under the Texas Open Meetings Act if they are making recordings of the directors’ closed sessions.
Further, if the purpose of the closed session was to allow the board to meet with the system's attorney to discuss pending or contemplated litigation, sharing such a recording with people who aren't on the board could potentially waive the attorney/client privilege attached to those discussions. This could substantially prejudice the system’s position in the litigation at issue. It could also put the system in a precarious position if the discussions relate to personnel matters or real estate transactions, because statements that would have otherwise been legally protected could be used in future negotiations or litigation relating to those matters. Also, revealing a recording of a closed session could expose the director to a lawsuit if it is found to be a breach of their duty to act in the corporation's best interest. In general, I would strongly advise against individual board members creating their own recordings of a closed session for the above reasons. If the board elects to record the closed Continued on page 16 Quench — 2020 Issue 5 15
Continued from page 15
session instead of keeping a written record of what happened in the meeting, there should be one official recording that is kept sealed and restricted as required by the Act. There is simply no good reason for multiple recordings of a closed session to exist, and these extra recordings just present multiple avenues for trouble if they are shared with people who should not be privy to those discussions. Q: What legal resources are available to TRWA members on your website? A: The Legal Department recently overhauled our website to make a wide range of resources more accessible to TRWA members than ever. To get there, either go to www.trwa.org/page/legal, or click the “Legal/Legislative” tab on the TRWA home page. Once there, you can find links to all of our legal policies and forms, our online Legal Handbook, a full database of past Keep it Legal questions and answers, and much more. The legal home page also includes links to our “Ask the Attorney” service where you can submit a question that may appear here in Keep it Legal, our
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sales tax exemption certification service for water supply corporations and investor-owned utilities, and our eminent domain reporting service. As a reminder, now is the time for subscribers to send us your information for the annual, mandatory eminent domain report. Those are due by February 1, 2021, and the Comptroller began accepting reports on November 1, 2020. If you have a legal question you would like answered, please email legal@trwa.org.
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Calling all Texas Rural Water Emerging Leaders By Kelsey Copeland Communications Specialist, Texas Rural Water Association
I
n 2017, TRWA launched a professional development and networking program for up-andcoming leaders in the Texas rural water industry. The Emerging Leaders Program (ELP) combines remote and in-person training specifically designed to enhance leadership, engagement and advocacy among early- to mid-career water/wastewater utility professionals. We are excited to bring together our third Emerging Leaders class to cultivate energetic and engaged individuals who are invested in the future of rural water! Applications for the 2021-2022 ELP program are now open and will be accepted through April 16, 2021. Program participants will spend nine months earning leadership development credit hours for attending live training sessions and webinars, interacting through an online forum, completing monthly assignments and receiving one-onone coaching from established industry leaders. Participants will also develop and execute an individual local leadership project. Program graduates will be honored at RuralWaterCon 2022. In addition to their professional development, participants also benefit from networking opportunities that enable them to connect with influential leaders in the water and wastewater industry. Emerging Leader Alumni continue to have heightened engagement with the association through multiple channels, such as TRWA conference programming input, Quench article contribution and individual project continuations. The curriculum is specifically designed for the water/wastewater industry and will focus on the areas of: • • • • • • 18
Leadership Management Advocacy and Grassroots Engagement Water Policy and Regulatory Relationships Public Relations, including Community Outreach and Media Relations Fundraising
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Program details and applications can be found at www.trwa.org/ELP. Please contact us if you or someone you know would be a good fit for this program! Call 512-472-8591 or email leadership@ trwa.org for more information or to apply for this exciting program!
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A Climatologist Explains La Niña's Impact on Texas Q&A with Dr. Nelun Fernando, Texas Water Development Board
A
ccording to the National Weather Service, La Niña conditions are currently in place, favoring a warmer and drier pattern across the Lone Star State through the winter and spring. To explore what a La Niña weather pattern means for Texas, we asked Dr. Nelun Fernando with the Texas Water Development Board (TWDB) to describe anticipated weather conditions for the next few months. What effect does a La Niña pattern typically have on our state? The influences of El Niño or La Niña events are most pronounced during the winter and spring seasons over Texas. During a La Niña event, the Pacific jet stream (a band of strong winds in the upper atmosphere with associated storm systems) is north of where it typically traverses our state. As a result, we will likely not get the storm systems that we would get if the jet stream was located farther south. Therefore, it is likely that this winter and spring will be drier and warmer than normally expected. La Niña is also associated with a more active Atlantic hurricane season. This increased activity is because the vertical wind shear (the change in wind speed and direction with height) is weaker during a La Niña year, enabling tropical storms to develop vertically without impediment. We still have more than a month to go in what has been one of the most active Atlantic hurricane seasons on record. So, we may see more hurricanes impacting Texans along the coast through November. How could La Niña conditions impact drought conditions in Texas? The western part of the state is currently in the throes of serious drought, with 18 counties in West Texas and the Panhandle experiencing exceptional drought. While La Niña may not necessarily be the culprit for the onset of drought in these regions, its presence means little chance of relief in the form of rainfall through winter or early spring. Warmer temperatures, combined with lower rainfall, in the winter and spring seasons could potentially provide the right mix of ingredients to set the stage for drought persistence, spring drought 20
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La Niña conditions are currently in place, favoring a warmer and drier pattern across Texas through the winter and spring. Photo credit: National Weather Service
intensification, and summer heatwaves, as was experienced in the winter–spring of 2010–2011. However, La Niña is not the only factor affecting rainfall between now and next summer. We can say with some certainty, though, that the die is loaded toward drought persistence over West Texas through the winter and possibly through spring. What does a La Niña pattern mean for our state’s water supply? The majority of our state’s major water supply reservoirs are located in the eastern half of the state and, at the end of September 2020, these were in pretty good shape due to the recent rains. However, storage at Elephant Butte Reservoir, which serves El Paso, and in other reservoirs in the Panhandle, West Texas, and Central Texas are even lower than usual for this time of year. Warmer temperatures and less rainfall in the winter through spring seasons could result in declining reservoir storage due to increased evaporative loss and reduced river flow to all water supply reservoirs in the state. Inevitably, such an impact would be more detrimental to communities relying on water supply from reservoirs already low in storage.
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The presence of La Niña conditions means little chance of drought relief in the form of rainfall through winter or early spring.
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What’s the connection between El Niño and La Niña? You can think of El Niño and La Niña as two faces of the same coin, where the coin is a phenomenon known as the El Niño Southern Oscillation (also referred to as ENSO). During an El Niño event, the tropical Pacific Ocean off South America’s western coast is warmer than the longterm average. During a La Niña event, or the other side of the coin, that same region is cooler than the long-term average. Temperature changes in the Pacific have huge impacts on weather systems globally.
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If sea surfaces are cooler during a La Niña phase, why do we expect warmer temperatures? Remember how the jet stream and associated storm systems are farther north of their climatological or typically expected positions? This change in the jet stream means that there could be less cloud cover over Texas, and more solar radiation can reach the land surface leading to sensible heating and warmer temperatures. About Dr. Nelun Fernando As the Manager of the Water Availability Program at the TWDB, Dr. Fernando is in charge of providing programmatic direction and oversight for the technical assistance provided to the regional water planning process and the compilation of reservoir evaporation data used for water rights permitting and regional water planning. Dr. Fernando has expertise in drought diagnostics and early warning, coastal runoff modeling, and developing actionable climate information for water resource applications. Quench — 2020 Issue 5 21
Apply Today for a TRWF Student Scholarship By Allison Kaminsky, Deputy Executive Director, Texas Rural Water Association
T
he application window for the 2021-22 Texas Rural Water Foundation (TRWF) Student Scholarships is now open! Every year, dozens of high school seniors, college students and even graduate students submit applications for one of our TRWF scholarships, which are intended to recognize and assist qualified individuals in their pursuit of a higher education in a field that supports rural Texas. This Student Scholarship Program is designed to help defray the cost of tuition, fees, books and/ or room and board by awarding funds directly to the student upon proof of enrollment. The number of annual scholarships and the amount awarded is based upon the number of qualified applicants and the amount of funds available. In the 2020-2021 award year, the Dwayne Jekel Memorial Scholarship recipient was awarded $3,000, four recipients were awarded $2,000, and five were awarded $1,000. Who should apply? The TRWF scholarship committee is particularly interested in supporting students who seek a career relating to the water and/or wastewater industry or a career that will support rural Texas. They also encourage applications from qualified veterans who will receive special consideration. Former student scholarship recipients are invited to apply for a continued scholarship; to be eligible to reapply, the applicant must provide transcripts to demonstrate that they are in good academic standing. All recipients of student scholarships will be required to provide proof of full-time enrollment each semester for which the scholarship is awarded at an accredited institution of higher learning. Payment will be dispersed directly to the student immediately upon proof of enrollment. Applications and full eligibility requirements are available on our website. If you know someone who is interested in applying, please direct them to www.trwa.org/StudentScholarships. You can also get to the page by visiting www.trwa.org and clicking on the TRWF tab in the navigation 22
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Dwayne Jekel Scholarship
We are proud to offer the Dwayne Jekel Memorial Scholarship thanks to an endowment set up by the Jekel family.
Mr. Frank Dwayne Jekel served on TRWA’s Board of Directors for 30 years from 1982–2012. He was a water industry leader who owned and operated D&L Service Company in Cameron, Texas. He earned his bachelor’s and Master of Education Degree in Agricultural Education from Texas A&M University. Mr. Jekel’s dedication to water and his community will never be forgotten. His legacy and mission will continue thanks to the generosity of his family. pane. All applications must be received by 5 p.m. on February 5, 2021. You can mail it to: ATTN: TRWF Scholarship Committee, Texas Rural Water Association, 1616 Rio Grande, Austin, Texas 78701. You may also send applications by email to editor@ trwa.org. Please share this opportunity with your peers and community members who may benefit from one of these scholarships. If you have any questions, please contact us at 512-472-8591 or email editor@ trwa.org.
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Quench — 2020 Issue 5 23
From the Hole: CC Rider Tales from the road by Michael Beadnell, Instructor/ Circuit Rider for Texas Rural Water Association Sharyland WSC
T
his year marked my fifth year working as a Water and Wastewater Instructor for the Texas Rural Water Association.
In August, I was asked by the Association leadership team if I would be willing to step in for the Circuit Rider #4 position while friend and colleague Refugio Rodriguez took some time off to fight his battle with cancer. I was honored that the leadership team thought I would be a good fit to fill in for him, and my first thought was “I guess that means I’m going back to work for a living!” As a faithful follower of the “Ask Larry” column for years, I understood fully that Circuit Riders do not wear penny loafers. Larry Bell, Technical Assistance Director, directed me to Assistant Technical Assistance Director and Circuit Rider William White for my training to get me up to speed on the job. One-on-one training with William about sent me crawling more than once. Refugio and I would also visit about mathematical equations from time to time. Wanting us to be fresh and on our toes, Refugio is the one who urged me to incorporate a math question along with my articles I write for Quench. So, in his honor, I will include one at the end of this article.
Decisions made in Austin and Washington have a dramatic impact on how we do business in the industry, as the Texas Legislature and U.S. Congress vote on legislation affecting regulatory issues, funding for rural water programs and other environmental initiatives. The TRWA Board reviews candidates’ leadership positions and voting records and then decides where the support needs to go. The PAC is supported by hundreds of individuals making contributions to give rural water a voice. Typically, TRWA also holds fundraising events at our conferences to support the cause, but this year’s travel and gathering restrictions found us hosting an online PAC auction instead. Thank you to everyone who participated in the auction! Sherilyn supported the PAC in a big way, so I headed south to Alton to deliver the items and was able to put my new Circuit Rider training to work along the way. Sharyland’s humble beginnings started in 1912 with a businessman and developer named John H. Shary. Mr. Shary became interested in the lower Rio Grande Valley’s commercial potential for citrus growing. He purchased and subdivided more than 50,000 acres of land to begin to develop citrus farms. The community locals and migrant workers helped clear brush, dug canals, and laid inroads. In 1915, he created the United Irrigation Company (UIC). Later, when the town's need for water grew, Water District 7 was formed in 1930, and later became known as United Water District, and finally by its present name, Sharyland WSC. Seven hundred property owners were committed to pay for water service once Sharyland’s construction was complete. Today, more than 40 years later, there are around 17,000 water connections on the system. Getting their water from the Rio Grande and treating
"According to the federal Safe Drinking Water Act, there are three times a system is required to perform a CSI — whenever there is new construction, renovation to prior construction, and when a system suspects there is a cross connection."
Under new obligations and a bit bewildered, I bought some snake boots and dove into my new role headfirst. Our Deputy Executive Director gave me my first overnight assignment — to travel to South Texas to visit Sherilyn Dahlberg, general manager of Sharyland WSC, who was the lucky winner of some rather sizeable items in our online Political Action Committee (PAC) silent auction. The Texas Rural Water PAC is a fund used to make campaign contributions to state and federal candidates who understand the issues affecting rural water and wastewater systems in Texas. 24
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it to potable status, Sharyland WSC is a one stop shop for the area’s water needs. I taught our state-approved 20-hour Basic Water Works Operations course in Sharyland not too long ago, and it was nice to be back. The system has approximately 100 square miles of certified area, 800 miles of water lines, four water plants, four elevated storage tanks, and were just days away from the grand opening of the new training facility and office space while I was there. After delivering the PAC auction items to Sherilyn, I spent three hours providing training to the new and seasoned operators of Sharyland WSC. First, we discussed flow and the energy required to achieve flow, giving examples of elevation, velocity, pressure and friction. I combined pressure in PSI and capacity in gallons by involving participants with hands on explanations so they could see for themselves how each is determined. I guided the operators through properties of disinfection, discussing the different types, laboratory tools, and the different state and federal regulations that are required to achieve disinfection. We also went over the tools needed to determine square feet, cubic feet and cubic yards. Next on the list was to cover Risk Assessments and the EPA’s requirements. Finally, I guided them through how to develop a Cross Connection Control program. TRWA has a seven-step process on how to create a Cross Connection Control program. 1. Obtain legal authority: Without legal authority a system is just spinning their wheels. TRWA recommends a service agreement that is to be signed by every customer and/or the use of plumbing codes.
CSI — whenever there is new construction, renovation to prior construction and when a system suspects there is cross connection. 6. Install and test: Install and test cross connection control devices where needed. 7. Records retention: Your system is required to keep CSI records for 10 years. At the end of the training, the operators took a short quiz to test their knowledge. We went over the answers so that the quiz could be used as a reference tool of the training highlights. All in all, it was a successful first assignment for me in my new Circuit Rider position. Sadly, Refugio did not win his battle with cancer, so I have remained in the Circuit Rider role. In Refugio’s honor, I would like to end this article with a math question: If I have a six-inch watermain that is 1000 feet long full of water, what is twice the weight of the water in the watermain? Try to work out the problem before you look up the formula. The answer is on page 31. Circuit Riders are always available to help systems with all aspects of water production, distribution, storage, treatment, management, operations, rate calculations and budget management. If you would like a visit from your Circuit Rider and you are unsure of your contact, call TRWA at 512-472-8591 and we will put you in touch with your area’s Circuit Rider to schedule a visit.
2. Educate employees: If your employees have been working with your system for a couple years, all they will need to be licensed by the state is TRWA’s Customer Service Inspection (CSI) Course. 3. Educate customers: The American Backflow Prevention Association is a great resource for materials that you can distribute with billings. 4. Take inventory: Look around and locate any cross connections, which is a connection between a potable water source and one of lesser or unknown quality. The most common is the misuse of a garden hose. 5. Perform Inspection: According to the federal Safe Drinking Water Act, there are three times a system is required to perform a
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Quench — 2020 Issue 5 25
In Memoriam: Jo "Jody" Ball
R
ural water lost a longtime friend and former board member, Jo "Jody" Ball in September. Jo passed away at 57 after losing his battle with brain cancer.
Jo was the manager of Bolivar Peninsula SUD and before that was the manager of Trinity Rural Water. He was a leader in the industry who remained very active with TRWA attending and volunteering at conferences, helping systems as part of our emergency response efforts and sharing his knowledge with others. He loved his work, and kept at it as long as he was able. Jo made a lasting impact on our Association, and we will never forget his contributions to the Texas Rural Water industry. Our prayers are with his family. At the request of his wife, Euna, TRWA has set up a fund for a Student Scholarship to be given in his name in 2021. If you would like to donate to this fund, please visit Jo (middle) was the winner of TRWA's prestigious www.trwa.org and click on "Donate" or call us at 512"Excellence in System Management" Award in 2019. 472-8591.
In Memoriam: Roark Rohe
R
ural water lost another good friend, Roark Rohe, in October after losing his battle with COVID-19. He was 72 years old.
Roark was the manager of Phelps SUD, where he worked for the past 42 years, and before that was the manager of Watson Lake WSC. He was a veteran of the U.S. Army. He served in the 4th infantry in the Central Highlands of Vietnam on a mortar platoon. After his service, he attended Sam Houston State University where he received a Bachelor of Science degree in Animal Science. Roark was recognized by TRWA staff and board, as well as his peers, for being a great supporter and contributor to the Rural Water industry. He was an engaged member of TRWA, attending TRWA conferences year after year, always active in our legislative efforts, and contributing annually to the PAC. Roark dedicated himself to his life's work in water. In addition to his work, he also loved to build and create new things, cook and feed people, and try new recipes. He seemed to always have a smile and his laugh could be heard a half mile away. He also loved a good argument. He liked jazz and very loud rock music. You never saw him without a book to read or to listen to on tape. He loved technology and had an affinity for remote controls and gadgets. Roark (left) accepting TRWA's "Excellence in System Management" Award in 2018. 26
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Roark will be sorely missed, and we will never forget him or his contributions. Our prayers are with his loved ones.
The Cost of Membership Membership dues are based on the number of water meters a systems has. We also put a minimum and maximum cap on the cost of membership to keep dues fair and predictable.
$400
maximum
Education & Training 6-7
20%
Savings members enjoy per conference registration
Savings members enjoy per classroom training registration
Legal Consultation $250 $150
Discount members receive on online training courses
$50
$30
TRWA Conferences held annually
$200
Amount members save when using our Sales Tax Exemption Service
Average hourly rate for attorney consultation on legal questions Average hourly rate for paralegal services
$50
Amount members save when using our Eminent Domain Reporting Service
Consultation services are included with TRWA membership.
Advocacy All advocacy services are $5000
Average monthly cost of hiring lobbyists to advocate for you at the capitol.
Value of an on-site technical assistance system visit
$75/hr
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Member discount on print classified ads in our trade magazine We provide free resources to help water systems promote jobs & attract candidates
$50
Hourly rate of contractors hired to provide recruitment and employment services
Member discount on online job postings
Communications and Publications
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Market value of industry rate reports
$480
Market value of industry salary reports
$400
$100
20-30%
Members enjoy free access to online resources, including sample templates & forms; operations & maintenance manual/required monitoring plan; WSC election procedures; rate study worksheet; vulnerability assessment; emergency response plan; SUD conversion manual, & more!
$2800
Members have access to use TRWA-owned generators at no cost during emergencies.
Estimated value of answering member technical questions by phone and email.
$150
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We keep abreast of regulatory updates & pass that information along to our members. Estimated monthly value:
Daily cost to rent a generator for use during emergency
$75/hr + travel
$3000
Savings passed on to members in need of these documents
$1600
Technical Assistance
Percentage of first year’s salary charged by recruiters hired to fill a position
$10
Savings members enjoy on Public Funds Investment Act training
Cost to hire someone to create a sample tariff or district service policy Cost of TRWA’s sample tariff or district service policy
We represent member interests at state & federal agencies. We regularly meet with agency staff, attend stakeholder meetings & provide comments on rule packages. Estimated montly value:
included with membership
per meter
$5,250
minimum
The Value of Membership
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$500
per document
>
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TRWA membership includes 5 subscriptions to our bimonthly trade magazine, Quench, valued at $30 each
Members receive a free copy of each report for participating in the survey.
$950
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Quencl h
ua 5 ann ons ti ip r c s sub
TRWA’s members-only online and print membership directories are free for members. It typically costs $1 per entry to buy comparable industry directories.
$20-30
Range in cost of our members-only publications, including an essential training manual for water board directors Quench — 2020 Issue 5 27 The value is clear!
TRWA Briefs TRWA Awards of Excellence Applications Being Accepted
W
e are now accepting applications for TRWA's annual Awards of Excellence! Don’t miss the opportunity to nominate your system or one of your colleagues for these prestigious awards honoring those who exemplify excellence, dedication and achievement. Our individual awards were created to recognize the shining stars of our member utilities, seeking to honor their spirit and commitment in support of their system and the larger community. Individual awards are given in the following categories. The Excellence in System Management award recognizes managers of member water/wastewater systems who exemplify exceptional leadership and oversight skills. We want to hear about what makes these leaders so important to you! The Excellence in Administration award is meant for any and all office personnel whose support and dedication keep their utility’s office administration running smoothly on a day-to-day basis. This includes office managers, administrative assistants, bookkeepers, accounting clerks, customer service representatives, secretaries, receptionists, etc. Take this opportunity to appreciate the unsung heroes of your utility's office. The Excellence in Operations award is designed to recognize any personnel who are instrumental in the technical operations of your utility, and go above and beyond the call of duty in their work. This could include any operator, instrument or maintenance technician, field manager, utility service worker, etc., whose expertise and hard work are an invaluable asset to your system. Don’t miss your chance to recognize your employee or coworker for working tirelessly to keep your system operations running smoothly. To nominate an individual, fill out our Awards of Excellence form and tell us in 750 words or less why the nominee qualifies for this award! In addition to our individual awards, we also give out two system-wide awards each year. The Small System Excellence Award is designed to honor a deserving system serving 1,500 or fewer 28
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connections, and the Large System Excellence Award is designed to recognize a system serving more than 1,500 connections. Use this opportunity to showcase whatever it is that sets your system apart from the rest, and share your ideas with your industry peers who can learn from your successes. Are you employing innovative technologies or processes? Did you do something special to engage with your community? Did you make significant efforts to improve your system? Did you successfully launch a grassroots campaign or activity to foster political participation? Tell us about it! To nominate your system, fill out our Awards of Excellence nomination form and tell us in 1000 words or less why your system stands out and deserves this award. Get started on your nomination now and submit it online at www.trwa.org. Please remember that eligibility is limited to TRWA members and their employees and that former award winners are not eligible. Anyone can nominate you or your system for an award! All entries must be postmarked or delivered by February 1, 2021 to be considered. All award winners will be honored during the Awards Ceremony at RuralWaterCon in March and will be featured in the spring issue of this magazine. Individual winners will each receive a $500 prize and a commemorative plaque. The system-wide winners will each receive a $1000 prize and commemorative plaques. If you have any questions about the nomination form or the awards process, or if you are interested in sponsoring one of the awards, please contact us at 512-472-8591 or editor@trwa.org.
Eminent Domain Filing Began November 1
T
RWA is in our sixth year of offering the Eminent Domain Reporting Service to our Members!
State law requires all entities with eminent domain authority to report specific information in the Texas Comptroller Eminent Domain Database. This is an annual requirement and any changes from the previous year must be reflected in the subsequent eminent domain report. Entities that are subject to this statute include water and wastewater supply corporations, water districts (special utility districts, water improvement districts, municipal utility districts, etc.) and cities. Filing began on November 1, 2020 and ends on February 1, 2021. After the deadline, the Comptroller will notify entities who have failed to file their report. At that time, systems will have 30 days to submit their report or be subject to a civil penalty of $1,000. If the system does not submit their report within another 30 days after the initial notice, the Comptroller will issue another notification with an additional $1,000 penalty. In 2018, the Comptroller began enforcing this rule, and several systems were required to pay the fines.
TRWA does not automatically file your report for you each year because we need to know if any of the necessary information has changed since we last filed for you. You must submit a new form every year for TRWA to file on your behalf. Once we receive your report, we will submit your data to the Comptroller and send you an email confirmation of your report along with an invoice. The fee for this service is $100.00 for members and $150.00 nonmembers. Please note that due to COVID-19, we Quench Bus Card Ad 2018 .qxp 2/22/18 8:01 PM Page 1 are not accepting fax submissions this year. 1-800-327-9761 (except FL) E-mail: regal@regalchlorinators.com
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TRWA takes the administrative burden off member systems by offering a reporting service to participating members. To sign up for this service, visit www.trwa.org and click on the "Legal/Legislative" tab. You can either fill out an online form, or download a PDF that you can fill in and send to the TRWA Legal Department at eminentdomain@trwa.org.
Code Updates In-Service Cleaning If you are interested in having us as your partner, feel free to contact one of our department representatives below NEW TANKS — Rick DiZinno (270) 826-9000 ext. 2601 EXISTING TANKS — Jordan Pyles (270) 826-9000 ext. 4601
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Classified Ads Cross Country Water Supply Corporation | General Manager Cross Country Water Supply Corporation, a medium-sized rural water supply utility in McLennan County, is accepting applications for General Manager. Qualified applicants will have prior experience in management and the water utility business. Experience in the mechanical/electrical maintenance field will be a plus. A TCEQ groundwater class C license preferred, and a valid Texas Driver’s license is required. Must have effective communication and computer skills, and flexibility to work occasional evenings/weekends as needed. The General Manager will work closely with the office manager, the system operator, contract engineers, outside contractors, and the board of directors to oversee all aspects of the business including daily operations, maintenance, communications, safety, improvements, compliance and finances. This is an exempt position. Compensation will be based on experience and qualifications, and comes with an excellent benefit package. A job description is available on our website: www.crosscountrywsc.org. Resumes must be received at the water office via email, hand delivery or mail prior to November 30, 2020. Contact information follows: • • • • •
Offices located at 14933 Wortham Bend Rd. (FM 2490) in China Spring Mailing address: Cross Country Water Supply Corporation, 14933 Wortham Bend Rd., China Spring, TX 76633 Email: Kristi.bauer@crosscountrywsc.org Phone: 254-836-9962 Website: www.crosscountrywsc.org EQUAL OPPORTUNITY EMPLOYER
Bolivar Peninsula Special Utility District | General Manager Bolivar Peninsula Special Utility District in Crystal Beach, Texas distributes water to approximately 5,500 customers along the Bolivar Peninsula in Galveston County. Bolivar Peninsula SUD is seeking candidates for the position of General Manager to provide guidance, oversight and manage the growth of the District. The General Manager will be interfacing with governmental officials in Austin, Texas, TCEQ, Texas Rural Water Association, Texas Water Development Board, Lower Neches Valley Authority, the District’s Board of Directors and local officials on the Bolivar Peninsula. Qualifications: • A minimum of a TCEQ class C license • Extensive professional utility supervision and administrative experience • A background in water distribution • A proven track record in management • Excellent written and verbal communication skills • Ability to direct both field and office personnel • Working knowledge of human resource requirements and work force regulations • Prepare and administer budgets • Forecast short and long-range plans • Able to interact with engineers, CPAs, builders and contractors, regulatory agencies and the Board of Directors • Have a lead by example attitude The District offers a competitive salary based on qualifications with benefits including paid health and dental insurance, 401K plan, paid vacation and paid sick leave. Interested candidates should send resumes (with salary requirements) to: Hollis C. Gassen, Jr., Board President, BPSUD, P. O. Box 1398, Crystal Beach, Texas 77650. Please mark “GM Resume” on the envelope. The District’s office number is (409) 684 – 3515, and the District website is www.bpsud/com.
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Plan Ahead CONFERENCES:
January 21-22, 2021 TRWA/TWCA Water Law Seminar, Virtual March 25-26, 2021 RuralWaterCon 2021, Renaissance Austin
OPERATOR TRAINING COURSES: Learn more about our upcoming classroom and online training options at www.trwa.org/training
Advertiser Index Answer to "From the Hole" math question from page 25: This is a typical pipe question we tend to see on exams. The only way to find weight is to find gallons. The only way to find gallons is to find cubic feet. The radius is half the diameter and because we buy our pipe in inches a conversion to feet is first calculated: 3.14 x .25 x .25 x 1000 = 196.25 cubic feet Cubic feet of any object will hold 7.48 gallons and each gallon weighs 8.34 pounds: 196.25 x 7.48 x 8.34 =12242.703 lbs To get twice the weight, you'd multiply it by two which would equal 24485.406 lbs
AIA Insurance Agency......................................... Page 19 Childress Engineers......................................................16 Chlorinators Incorporated............................................29 CoBank.............................................................................7 Daniel & Brown, Inc.......................................................14 Ferguson Waterworks...................................................23 Global Treat....................................................................21 Hayes Engineering........................................................29 J.F. Fontaine & Associates.............................................6 KSA Engineers...............................................................13 Maguire Iron...................................................................18 NewGen Strategies & Solutions...................................25 Pittsburg Tank & Tower Maintenance Co., Inc............29 Preload...........................................................................21 Russell Drilling Co., Inc................................................ 11 SAMCO...........................................................................17 Smith Pump Co., Inc......................................................28 USABlueBook................................................ Back Cover Vita-D-Chlor.................................................................... 11 Water Tower Sentry....................................................... 11
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1616 Rio Grande| Austin, TX 78701-1122 Telephone: (512) 472-8591 | Fax: (512) 472-5186 www.trwa.org
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