Interview with Senator Charles Perry, Chairman of the Senate Water & Rural Affairs Committee Also Inside:
TRWA Preview of the 86th Texas Legislaturee Be a Part of History at TRWA's 50th Anniversary RuralWaterCon January/February 2019 www.trwa.org
TRWA Today
TRWA Board of Directors
Officers Brian Macmanus President Cameron (Dist. 6)
Chris Boyd Vice-President Denton (Dist. 3) Bruce Alexander Secretary Medina (Dist. 2) Barry Miller Treasurer Gonzales (Dist. 5) Pat Allen Immediate Past President Guadalupe (Dist. 9)
District Directors Mark Gardenhire
Shackelford (Dist. 1)
Steve Adams Brown (Dist. 4)
Clay Hodges Hunt (Dist. 7)
Charles Beseda Hill (Dist. 8)
Kent Watson Brazos (Dist. 10)
Kevin Spence Franklin (Dist. 11)
Shirley Thompson Kaufman (Dist. 12)
Robert Nettles Walker (Dist. 13)
Rhonda Shaw Rusk (Dist. 14)
Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of approximately 750 nonprofit water supply corporations, water districts, small-town water departments and investorowned utilities. In addition, more than 200 water industry suppliers participate in TRWA activities as associate members. TRWA members provide water and wastewater service to 2.5 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. 2
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Leadership Team
Lara Zent Allison Kaminsky Lisa Adams Larry Bell Celia Eaves Janice Gibbs, CPA Trent Hightower Jason Knobloch Angela Russell, CMP
Executive Director and General Counsel Deputy Executive Director Foundation Development Director Technical Assistance Director Professional Development and Training Director Finance Director Assistant General Counsel Environmental Services Director Member Services Director
Amanda Ashcraft Melody Bennett Ross Brookbank Pam Cantrell Emily Collins Kelsey Copeland Patti Flunker Angela Harris Andrew Montemayor Ariane Walker
Office Manager Project Support Specialist Assistant Environmental Services Director Accounting Support Specialist Administrative Assistant Communications Specialist Paralegal Project Support Specialist Instructional Designer Training Support Specialist
Thomas Acker, Jr. Michael Beadnell Nathan Cantrell Alex Eaves Paul King Deborah McMullan Steven Mindt Charles Perkins Bruce Pearson Refugio Rodriguez James Smith Quentin Turner William White Scott Willeford Gilbert Ybarbo
Instructor Instructor Wastewater Technician Wastewater Technician Circuit Rider Source Water Protection Specialist FMT Specialist Circuit Rider Instructor FMT Specialist Circuit Rider FMT Specialist Assistant Technical Assistance Director FMT Specialist FMT Specialist
Office Staff
Field Staff
Contact the Editor
Editorial and advertising inquiries may be directed to the Editor, Allison Kaminsky, at 512-472-8591 or editor@trwa.org. Join the conversation at: www.facebook.com/TexasRuralWaterAssn Find us at @TexasRuralWater and @TRWALegislative for industry and legislative news relevant to you!
Features:
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22 26
Letter from the President Letter from the Executive Director
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Ask Larry
5 12
Keep it Legal
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Answers to your technical questions Answers to your legal questions
Advertiser Index Plan Ahead
TRWA’s Calendar of Events
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On the Cover: 10" Repair at Riverside SUD, Barbara Helmcamp, PH 2OTOSTREAM 2018 Category Finalist
By Angela Russell, Texas Rural Water Association Join us in Austin on March 27-29 for our annual convention, and help us celebrate our golden anniversary!
TRWA Preview of the 86th Texas Legislature
10 In Every Issue:
Be Part of History at TRWA's 50th Anniversary RuralWaterCon
By Trent Hightower, Texas Rural Water Association The Texas Legislature convened in January, and this session promises to be just as dramatic as the one before it!
Interview with Senator Charles Perry, Chairman of the Senate Water and Rural Affairs Committee
Read on for a Q&A session between Senator Perry and former Senator J.E. "Buster" Brown on water policy issues and the Texas Legislature.
Challenges to the Business Model of the 14 Op-Ed: Water Industry
By Jim Davis, Bi-County WSC The four principles of the economics of water, which allow utilities to produce a safe supply of water at a reasonable cost, are being threatened.
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Fire Hydrant Operations and Water Hammer
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The Importance of Hands-on Learning
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Don't Miss Your Chance to Vote in TRWA's 2019 Elections
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Pipe Repair Shortcuts to Avoid
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TRWA Briefs
The Texas Rural Water Political Action Committee Needs Your Support Join the Texas Rural Water PAC team and help us secure the future of Texas rural water!
By Michael Beadnell, Texas Rural Water Association Learn about the different types of fire hydrants and what happens when there's a pressure surge. By Thomas Acker, Texas Rural Water Association The truest form of learning occurs when you do something yourself.
By Allison Kaminsky, Texas Rural Water Association TRWA elections will be held at RuralWaterCon in March. By Doug Riseden, Krausz USA Pipe repair shortcuts never last, tremendously boosting costs. Avoid these shortcuts to save time, money and resources. New Legal Handbook Now Available Free for Members; Update Your Quench Subscription Information; Calling all Texas Rural Water Emerging Leaders; Sign up Today for Our New Consumer Magazine. Quench — January / February 2019 3
President’s Message Howdy Texas Rural Water Association!
“There has been a significant change in committee memberships in the Legislature that directly impacts TRWA's critical issues.”
A New Year has come and gone and much lies ahead for TRWA and our members. This year is our 50th anniversary and we are planning to CELEBRATE! Please make plans to attend our RuralWaterCon March 27-29, 2019. We need your grassroots efforts (read YOU) to reach out to our legislators on the Wednesday of RuralWaterCon. This group effort to push our issues with the entire Texas Legislature in one day is a critical part of our influence at the Capitol. With the Legislature back in session, our voice needs to be heard by all of our senators and representatives. Every system plays an important role because of your personal local relationships. There has been a significant change in committee memberships in the Legislature that directly impacts TRWA’s critical issues. Please be involved and make a difference by promoting TRWA’s and your system’s interests. RuralWaterCon is also a great place to learn how to be involved with our next class of Emerging Leaders. We need both mentors and candidates, so please attend to learn how to help. The new class will be starting in June of 2019. We are looking forward to another awesome class of candidates. Please, please consider being a sponsor for our Political Action Committee (PAC) this year. We have three sponsor levels, and I want to emphasize how critical a part this is of our PAC fundraising. We need system directors and managers to personally commit to our efforts. See the details on page 18 of this issue. If you don’t have cash for one of the sponsorship levels, but have the talent to make a unique item to donate to the PAC auction at RuralWaterCon, that's another great way to contribute. For some fun hitting little white balls with a stick, or just for the comraderie, come join in at our PAC fundraiser at Top Golf on Tuesday, March 26, 2019. Please help us raise funds in one or more ways. I am looking forward to seeing you in Austin soon. Until then, keep the water going with a “true to rural” smile. Be Good,
Brian E. Macmanus, P.E. President Texas Rural Water Association
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Letter from the Executive Director
Happy 2019 — I hope your new year is off to a great start! At TRWA, we hit the ground running with the Water Law Seminar on January 10-11, which we host every other year with our partner, Texas Water Conservation Association. The Legislative Session kicked off that same week on January 8th. I hope you have been enjoying our new weekly legislative e-newsletter, Capitol Pipeline. We’re filing two bills and will keep you updated on their status and how you can help us advance these important issues. One bill addresses fair compensation for systems that are decertified, and the other creates a fair process for water utilities to obtain permits from groundwater conservation districts. Both issues are critical for ensuring water is accessible and affordable for rural Texans into the future. We will also request your engagement to help stop bad bills from becoming law. The first week in February, a group of us were in Washington D.C. as part of our National Rural Water Association’s annual Rally event, where all the state rural water associations advocate for continued funding for the federal programs that we rely upon. In 2018, Texas utilities received over 13 percent of the nationwide allocation for the United States Department of AgricultureRural Development (USDA-RD) loan and grant program. Other programs funded by the USDA-RD are TRWA’s circuit riders, wastewater techs and energy efficiency circuit rider. Other federally-funded programs include our Source Water Protection and EPA Training & Technical Assistance programs. This year a couple of our long-standing leaders have decided to retire from TRWA board service. We will be saying goodbye to Clay Hodges and Barry Miller. We greatly appreciate their strong leadership and service to TRWA. We will be welcoming new leaders – two of our current Alternate Directors are running uncontested, Dave McMurry with Aqua WSC and Johnny Rudisill with Nevada SUD. We also welcomed a new leader, Steve Adams with Brookesmith SUD, when the board appointed him in December to fill a vacancy created by Delores Atkinson’s resignation. Steve is now running uncontested for this District 4 seat. Thank you to our departing leaders for your years of service and to our new leaders who are stepping up to ensure TRWA’s future success!
“We're filiing two bills and will keep you updated on their status and how you can help us advance these important issues.”
We are always striving for ways to enhance member benefits and to best utilize our resources. As discussed in the “TRWA Briefs,” we are now offering an updated digitized Legal Handbook free of charge to members. Also, we have reprogrammed our phone system to enable callers to route directly to the department or individual staff they need to reach. Staff extensions are also listed on the “Meet the Team” page on our website under the “About” tab. I’m looking forward to celebrating TRWA’s 50th Anniversary with you at RuralWaterCon this year! We have plans to make this year’s Convention extra special! My best,
Lara Zent Executive Director and General Counsel Texas Rural Water Association
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Be Part of History at TRWA's 50th Anniversary RuralWaterCon
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By Angela Russell, Member Services Director, Texas Rural Water Association
egistration is now open for TRWA’s RuralWaterCon, which will be held at the Renaissance Austin Hotel on March 27-29, 2019. This year, TRWA celebrates its 50th Anniversary with three days of networking events, informative breakout sessions, an exhibit hall featuring the latest products and services in the industry, TRWA’s annual business meeting and elections, and more! Pre-conference events begin Tuesday, March 26 with Public Funds Investment Act initial and renewal training in the morning, and a fundraiser benefitting the Texas Rural Water Political Action Committee (PAC) in the afternoon. The fundraiser, hosted by AIA Insurance Agency, will be held nearby at Top Golf, a driving range and entertainment venue, beginning at 4:30 p.m. Golfers and nongolfers alike can enjoy friendly competition and fellowship while networking with new and old friends. Registration is only $40 per adult and $20 for guests under 16 years old and includes three hours of play and a buffet. Bring the whole team! We encourage you to register with a personal form of payment so that proceeds may support the PAC. Corporate/ district funds are prohibited by law to be used for this purpose. Wednesday morning, the TRWA Board and Legislative Team will host a legislative briefing breakfast to review legislative priorities and strategies for meeting with representatives and senators. Buses will then shuttle you to the Capitol for Rural Water Day to meet with your state senator and representatives in their offices, hear resolutions honoring TRWA’s 50th Anniversary, and mix and 6
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mingle with legislators and thier staff at a dessert reception at 2 p.m. in the Capitol Cafeteria. Be sure to reach out to your legislator well in advance of this visit to secure an appointment with them and invite them to attend the reception. Concurrently on Wednesday, we will also host the TRWA/ USDA Engineering Conference. Wednesday evening, you’re invited to attend the Welcome Reception and PAC live auction where you can mingle with your peers, enjoy drinks and snacks, have a piece of anniversary cake, enjoy a first look at the exhibit hall, and bid on premium live auction items. Live auction items we have already secured include a 4-night stay in a cozy beach condo on Mustang Island, a hat and guitar autographed by George Strait, and weekend packages in Austin and Dallas. Throughout the conference, visit a special display of historical photos and memorabilia tracing TRWA’s history through the decades back to its founding in 1969. At registration, be sure to pick up your commemorative pint glass and tote featuring our special 50th anniversary logo. The opening general session starts the official RuralWaterCon program Thursday, with remarks from Comptroller Glen Hager, a special 50th Anniversary video presentation, remarks from NRWA president Kent Watson, and the 2019 Awards of Excellence and Texas Rural Water Foundation scholarship recipient announcements. The opening general session will be followed by a legislative update, the annual business meeting, and complimentary lunch in the exhibit hall.
Education topics begin Thursday with concurrent and staggered tracks of sessions covering a range of subjects of interest to rural water utility staff. We also offer a conference-within-a -conference focusing specifically on board member education. This year, the exhibit hall is open only on Wednesday evening and Thursday, so be sure to visit the exhibitors when you're not in class. Thursday evening, enjoy a pre-banquet happy hour before doors open to the President’s Banquet. This year, our President’s Banquet includes dinner, live music by the Royal Velvetee Jazz Band, and casino games that you can play for a chance to win prizes. Dress up in your cocktail attire to enjoy this special celebration, and have a photo taken at the photo booth. Attendees of the banquet will receive a commemorative deck of TRWA 50th Anniversary playing cards. District caucuses take place Friday morning. Caucuses provide official delegates representing each member system a chance to discuss and vote on official TRWA business, including an election for TRWA District and Alternate Directors. For more information on TRWA elections, including how to participate if you cannot attend RuralWaterCon, see page 24 of this magazine.
Save your spot and reserve your hotel room by March 4th for discounted rates. Registration and a full agenda can be found online at www.trwa.org under the Conferences tab. Exhibit hall booths and sponsorship opportunities are available for TRWA Associate Members. If you have any questions, please contact us at (512) 472-8591 x 108 or email meetings@trwa.org. We hope to see you there!
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The remainder of the morning will include two more rounds of educational breakout sessions, the first featuring Public Utility Commission of Texas (PUCT) Commissioner Shelly Botkin, and will finish with a closing luncheon where special guest Edna Primrose, Assistant Administrator for USDA Rural Development’s Water and Environmental Programs, will be featured as our closing keynote speaker. We will also announce the results of the 2019 TRWA Board elections and the new slate of officers will be introduced. Attendees at the luncheon will have a chance to win one of four $250 cash giveaways. Tickets for the closing luncheon can be purchased for TRWA Ad 2016 (bleeds).pdf 1 2/2/2016 7:57:33 PM only $10.
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TRWA Preview of the 86th Texas Legislature
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By Trent Hightower, Assistant General Counsel, Texas Rural Water Association
n January 9, 2019, the 86th Legislature of the State of Texas convened at the state capitol in Austin. This session promises to be just as dramatic as the 85th before it, with plenty of change in leadership, membership and committees, and bills being filed daily with the potential to affect TRWA members. Members of the House of Representatives elected Rep. Dennis Bonnen (R-Angleton) to replace retiring Rep. Joe Straus (R-San Antonio) as speaker, marking the first change in leadership in that chamber since 2009. Bonnen comes into the Speakership with a smaller majority than his predecessor enjoyed, as Democrats picked up at least 14 seats in November’s election, including one open Houston seat in which two Democrats are headed to a runoff. Republicans currently boast an 83-66 majority in the chamber, with four Democrats and one Republican vying for a final open seat in an historically-Democratic San Antonioarea district. On January 23, Speaker Bonnen made appointments to all House committees, including the House Natural Resources Committee, which handles water-related legislation. Rep. Lyle Larson (R-San Antonio) will remain chair of that committee, but otherwise its membership looks quite different than it did in 2017. Reps. Poncho Nevarez (D-Eagle Pass), Tracy King (D-Batesville) and Four Price (R-Amarillo) are the only other members of the 2017 committee returning for the 2019 session. New faces on the committee this year are Vice Chair, Rep. Will Metcalf (R-Conroe), and Reps. Alex Dominguez (D-Brownsville), Jessica Farrar (D-Houston), Cody Harris (R-Palestine), Mike Lang (R-Granbury), Tom Oliverson (R-Cypress) and Ana-Maria Ramos (D-Richardson). Rep. Eddie Lucio III (D-Brownsville), who served on the committee in 2017 and has sponsored several TRWA bills in the past, will not be returning to the committee in 2019. The Senate committee responsible for water issues will look also look different in the 86th Legislative Session. On the first day of the session, the Senate voted to split the Senate Committee on Agriculture, Water and Rural Affairs into two committees: The Committee on Water & Rural Affairs and the Committee on Agriculture. Sen. Charles 8
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Perry (R-Lubbock), who chaired the combined Agriculture, Water and Rural Affairs Committee, will remain chair of the new Committee on Water & Rural Affairs. Senators Brandon Creighton (R-Conroe), Lois Kolkhorst (R-Brenham) and Jose Rodriguez (R-El Paso) will remain with Senator Perry on the new committee, which will also be joined by three new members, Senators Carol Alvarado (D-Houston), Nathan Johnson (D-Dallas) and Larry Taylor (R-Friendswood). Senators Bob Hall (R-Rockwall) and Chuy Hinojosa (D-McAllen), who served on the committee in 2017, will not be returning to the committee in 2019. In addition to monitoring dozens of bills with the potential to affect our members in areas such as certificates of convenience and necessity (CCNs), water permitting, open meetings, elections and employment, TRWA will be sponsoring two major pieces of legislation. The goal of the first bill is to ensure that utilities receive fair compensation from developers and landowners after decertification of their CCN service area. Our second bill would require groundwater conservation districts (GCDs) to consider the service area of a retail public utility in the issuance of groundwater permits. To support our efforts in support of these bills, TRWA has launched a new campaign to educate our members and the public about our priority legislation and how it affects them personally. The campaign, “Water for all Texans: Keeping Water Affordable and Accessible for All Texans,” will include a new website and a variety of digital resources to break down our issues for those who are unfamiliar with our challenges and our industry. Our goal is to mobilize the roughly three million Texans served by rural water utilities to ensure their voices are heard by lawmakers in Austin at key points throughout the legislative session. TRWA is also sending out a weekly e-newsletter, Capitol Pipeline, detailing the latest happenings at the capitol, and we will be posting daily updates on both our bills and the many other bills we’re monitoring on our website. If you have any questions about this article, contact legislative@trwa.org.
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Interview with Senator Charles Perry, Chairman of the Senate Water and Rural Affairs Committee By J.E. "Buster" Brown, Former Senator and Principal, The Browns Consulting
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enator Charles Perry represents Texas Senate District 28.1 As the Chairman of the Senate Water and Rural Affairs Committee, he is the state’s leader on water policy issues in the Texas Senate. Former Senator J.E. “Buster” Brown posed these questions to Chairman Perry, and what follows is a very interesting conversation. Brown: First of all, tell us about yourself — where you live, what you do for a living and about your family. Perry: I was born and raised in West Texas. I grew up in Sweetwater and left to attend Texas Tech University. I graduated with a degree in Accounting and Management Information and met my wonderful wife, Jacklyn, there. We have two great kids, Jordan and Matthew, and I now have three grandchildren that I love to spoil. I currently own and operate a CPA firm in Lubbock. After no longer wanting to sit on the sidelines, feeling our country was moving in the wrong direction, I ran for the Texas House in 2010 and won. After serving two terms, I ran in a special election for the Texas Senate and was honored to receive a chair as a freshman. I currently serve as the chair of the Senate Committee on Water and Rural Affairs. I also serve as Vice-Chair of the Health and Human Services Committee and sit as a member of the Finance Committee, Agriculture Committee, Criminal Justice Committee and Transportation Committee.
1. Texas Senate District 28 is comprised of Baylor, Borden, Childress, Coke, Coleman, Concho, Cottle, Crane, Crosby, Dawson, Dickens, Eastland, Fisher, Floyd, Foard, Garza, Hale, Hardeman, Haskell, Hockley, Irion, Jones, Kent, Kimble, King, Knox, Lamb, Lubbock, Lynn, Mason, McCulloch, Menard, Mitchell, Motley, Nolan, Reagan, Runnels, Schleicher, Scurry, Shackelford, Stephens, Sterling, Stonewall, Sutton, Taylor (30%), Terry, Throckmorton, Tom Green, Upton, Ward, and Wilbarger counties. 10
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Brown: The Senate rules recently changed the name of your Committee by dropping the word Agriculture and renaming it “Water and Rural Affairs.” What is the significance of this change? Perry: I think our leadership recognizes that Senator Charles Perry represents there is directed District 28 and is the Chairman of attention needed the Senate Water and Rural Affairs to be given to our Committee. vital resources, water included. Water continues to be the driver for all industries in Texas. Agriculture, manufacturing, construction, oil and gas, and more all depend on access to water to continue to grow. Additionally, the split recognizes the importance of agriculture and water and their connection to rural Texas. Our state is in a constant trade-off between flooding and drought, and it is important for us to manage those changes while protecting private property. We have the opportunity to develop policy that will ensure that we have the necessary tools for our grandchildren to thrive. Brown: In general, what do you see as the major water issues for the Session? Perry: During the interim, Texas experienced one of the worst flooding events in the country following the landfall of Hurricane Harvey. The following year, we once again had several flooding episodes, specifically in Sonora and Junction, located in my senate district.
I have filed SB 396 which will begin the process of creating a statewide flood plan overseen by the Texas Water Development Board. The plan will be a collaborative process and eliminate the patchwork of projects process we currently have in the state. Local communities will come together across watersheds so that one does not negatively impact their neighbor. The projects will be ranked with weight given to emergency status, federal matching funds opportunities and water supply development.
desalination projects are in their beginning stages. Brackish groundwater strategies make up 111,000 acre-feet of new water by 2070 in the State Water Plan. With the backing of adequate mapping of our brackish groundwater, Texas can be innovative in our efforts to encourage the use of brackish groundwater for production purposes.
Additionally, Texas must continue to develop new water supply strategies and expand on those that have substantial yield. While Texas is experiencing less drought than before, we expect episodes of low water supply. In order to continue the state's growth and economic success, we must take a proactive role through aquifer storage and recovery, and other supply development strategies.
Perry: I think there are several issues facing rural water utilities. Similar to other industries such as oil and gas, our rural water industry could see a workforce shortage. It will be important, as with all industries, to continue to train and retrain Texas workers. Additionally, we must continue to work with rural water utilities to make sure they are operating to the best of their abilities as populations grow and to provide quality and affordable water in a time of competing service areas with multiple providers.
Brown: Rural areas of Texas continue to provide food and fiber for Texas and, in some cases, the world. How does Texas’ future water supply guarantee that continued production?
Brown: What do you see as the greatest challenges for Texas rural water utilities?
Former Senator J.E. “Buster” Brown served in the Texas Senate for two decades, Chaired the Senate Natural Resources Committee and authored SB1 and SB2.
Perry: Texas has a water supply problem. The population is expected to increase 70 percent between 2020 and 2070 to 51 million while water demand is expected to increase by 17 percent. The development of new water sources and enhancement of current supplies is critical to keep our state running. I have advocated sound science backing when looking for new water sources, which includes studying the brackish supply that can be tapped to use for production purposes. We also have the opportunity to mitigate floods with water supply projects. Brown: Do you see any “new” water sources on the horizon for Texas?
MAP YOUR SYSTEM WITH MOBILE APPS
Perry: I think we have a big opportunity with our flood plan legislation and subsequent State Flood Plan to deliver flood mitigation and planning projects which can also serve as a water source. I also plan to file legislation to update the water availability models so that we can accurately permit our water sources with the best available data.
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Texas must continue to be innovative with water desalination on seawater and groundwater. Seawater Desalination is included in the 2017 State Water Plan 12 times with 10 projects producing 116,000 acrefeet per year of water by 2070. Several seawater
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Ask Larry A Q&A column with TRWA Technical Assistance Director Larry Bell
Q:
One of our pressure tanks is installed at the highest elevation in our system, which makes it difficult for us to maintain the required 20 PSI to all connections when that tank is out of service. Do you have any suggestions on how we can mitigate this? A: Many other systems have this same issue. For years, I have suggested that systems install a pressure relief valve down-stream of the booster pumps that will open up and discharge water either onto the ground or back into the ground storage tank once a pre-set pressure is reached. Be careful, however, that water is reintroduced into the ground storage tank using a properly-installed and disinfected bypass line. This method has been used successfully many times by countless other systems without any problems. The principle is that the pressure relief valve is set at the normal “cuton” pressure, which ensures the pressure in the distribution system never exceeds the maximum or “cut-off” pressure pump setting. Once this pressure relief and bypass line is installed, the pressure tank can be opened, cleaned, inspected, repaired, repainted, and then put back into service after the appropriate paint cure time and testing has been completed. Some systems have had to run portions of their systems on these bypass relief valves for two or more weeks at a time depending on the type of repairs and painting that had to be completed on that tank. The customers don’t realize any difference in pressure or volume if the relief valve’s relief setting is set correctly. If there is a down-side to this, it’s additional wear and tear on your pump. However, as long as there is sufficient lubrication and movement of water to keep the pump casing cool, the pump and motor could run for a couple of weeks or more before switching to another. The critical thing is that someone must make a daily check on the pump and motor to be sure it is operating properly. As an aside, if the water returning to the ground storage tank is recirculating too much, you may need to check the disinfection more frequently to be assured that you’re providing properly disinfected 12
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water to your customers. Some systems have had low volumes of water being consumed by customers, and the recirculation allowed the chlorine residual to dissipate, causing the operator to have to inject or add more chlorine from time to time. Q: I heard the Texas Commission on Environmental Quality (TCEQ) has new rules relating to the electronic submittal of district financial audits, reports and affidavits. What can you tell me about this? A: Beginning on January 1, 2019, the TCEQ’s Water Supply Division (WSD) will continue to accept district financial audits, financial reports or affidavits electronically, but will also require a paper copy to meet TCEQ’s records management requirements. The TCEQ’s Central File Room must receive district financial audits, reports, and affidavits in paper form for record retention purposes and to ensure the documents are made available to the public. While the TCEQ is working toward housing documents electronically, at this time it cannot accept district financial audits, reports and affidavits electronically. Presently, the TCEQ’s WSD is printing a copy of each electronic submittal to meet CFR filing requirements until electronic submission is available, but will not be able to continue this practice as of January 1, 2019. The TCEQ will provide outreach concerning this information to water districts. The TCEQ advises districts with questions to contact Christopher Jones at (512) 239-6114 or by email at christopher.jones@ tceq.texas.gov. Q: If a director of our WSC is seeking another term but is unopposed for the position, does he still have to submit the nomination form and petition with the required number of signatures? A: Yes, section 67.0052 of the Water Code requires each board candidate to file an application with the corporation, including the nomination and a petition signed by 20 members or shareholders (for WSCs with more than 1,500 members). If the WSC does not receive any ballot applications from current board members or new candidates, then the position is not unopposed — it is vacant. If a current
board member wants to continue serving as a board member but doesn’t submit the necessary application and supporting documentation, that board member ceases to be a board member upon the expiration of their term. The law requires current board members to submit ballot applications just like any other candidate. It is also unwise for the other board members to automatically re-appoint sitting board members who have not complied with the Water Code’s election requirements because doing so could be seen as a circumvention of state law. If you have a technical question you would like answered, please e-mail larry.bell@trwa.org.
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Op-Ed: Challenges to the Business Model of the Water Industry By Jim Davis, Investment Officer, Bi-County WSC
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he water industry in rural Texas has been built and has operated successfully under what has been called “the Right of Capture.” The economics of this business model depended on four principles which allowed small groups of landowners to band together to collectively produce a safe supply of water at a reasonable cost. 1. The Right of Capture enabled the fledgling water suppliers to utilize their limited capital to invest in wells, storage tanks, transmission pipelines and treatment facilities. Most production sites were less than one acre and produced water from aquifers without additional cost for the inventory provided by nature and available to all Texans under the same terms. The demise of this available water at its present cost will result in intolerable increases in the monthly water bills paid by rural families. 2. Tax Free Status — Recognizing that costs had to be contained for the industry to create a market and that the purpose of the industry was to serve rural areas too small to attract big business, most of the water suppliers organized as non-profit corporations free of taxation under IRS Code 501 (C) 12. Although some water suppliers have converted to Municipal Utility Districts or Special Utility Districts, non-profit Water Supply Corporations still dominate the rural landscape with fewer than 3 percent of the industry operated by for-profit investors. This special status must be maintained. 3. Certificate of Convenience and Necessity (CCN) — As with other utilities and many other industries, water suppliers depend on the protection afforded by the state-granted CCN. This exclusive right to serve all customers within a specified geographic area remains critical to justify the infrastructure investment required to operate in sparsely populated areas. Legislation has eroded this protection by inventing expedited decertification procedures and allowing de-annexation without compensation for the fair market value of the assets taken and the lost future income necessary to service the debt which built the water system. Loss of 14
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this protection could increase the risk of loss of a lender’s collateral beyond the point that the WSCs are considered desirable borrowers. 4. Access to Public Financing — Although the Texas Water Development Fund has increased loan funds available at below market rates, much of this funding will be awarded to large municipal systems, wastewater companies and poorly managed rural systems. Grants to wellmanaged WSCs, a pillar of past capital projects, may be a thing of the past. It is too early to evaluate the total impact of this approach on the rural water providers. The most recent challenge to the business model of WSCs is the imposition of Water Conservation Districts and the regulatory authority given them over groundwater, the life blood of most WSCs. For a group of amateurs in the water industry to be given regulatory oversight of licensed experienced operators is a step backwards. Worse, the nonprofit WSC ends up being a significant source of the income received by the Districts. Regional Planning District (RPD) D, covering 19 counties in Northeast Texas, is the only RPD in the state that is unencumbered by even a single Water Conservation District within its borders. It is the fervent wish of all the CCN holders in Region D who have expressed opinions that this remains the case. To impose the same regulatory approach on aquifers near densely populated urban areas as is applied to rural areas that benefit from stable, ample supplies of groundwater just makes no sense. In total, it would appear that war has been declared on a segment of the water industry that has served Texas with distinction for the last 50+ years. Continuing to attack the underpinnings of the business model under which we were formed and continue to depend could have repercussions which are nothing less than an existential threat to an industry on which both life and commerce depend. We appeal to all fair-minded public servants to rethink their present course before irreversible damage is done to the rural water suppliers in Texas.
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Quench — January / February 2019 15
Keep It Legal Answers to Members’ Questions by TRWA Assistant General Counsel Trent Hightower
Q:
Our system is thinking about increasing the amount of the penalty we assess for meter tampering. Are there any legal limits of which we should be aware? A: This is one of those questions where the answer will vary depending on whether you are a district or a Water Supply Corporation (WSC). For districts, Section 49.004 of the Water Code authorizes “reasonable civil penalties” for the breach of any of the district’s rules, provided those penalties do not exceed the jurisdiction limits for Justice of the Peace Courts, which is a maximum of $10,000. While this provides districts with clarity as to the upper limit on penalties for meter tampering, “reasonableness” is a more subjective standard that will be subject to a case-by-case analysis in cases before District Courts. Additionally, the specific chapters of the Water Code governing special utility districts, municipal utility districts, water control and improvement districts, and other types of districts typically require them to publish new rules and penalties for their violation in a local newspaper for two consecutive weeks before the penalty may take effect.
for such violations. PUC Rule 24.101(j) gives us more guidance as to what the PUC considers to be a “reasonable” penalty under Section 67.011(b) of the Water Code. In that rule, the PUC requires that a penalty for violation of water conservation policies to be clearly stated in the tariff and places an upper limit of six times the minimum monthly bill in the system’s tariff. PUC staff has informally advised TRWA that they will apply the same standard to meter tampering penalties that they apply to water conservation penalties as long as the meter tampering penalty is included in the WSC’s approved tariff on file with the PUC. However, it is important to note that this informal guidance is strictly for meter tampering penalties and does not extend to any other penalty a WSC may wish to enact.
"The specific chapters of the Water Code governing SUDs, MUDs, WCIDs and other types of districts typically require them to publish new rules and penalties for their violation in a local newspaper for two consecutive weeks before the penalty may take effect."
Unfortunately, as is often the case, the law provides WSCs with less clarity. Unlike with districts, there is no statute that defines a firm upper limit on the amount of a penalty that WSCs may charge. In such cases, TRWA typically looks to see if the legislature or the PUC have spoken on any other type of penalty and will advise WSCs to use those instances as a guide. One of the few penalties specifically mentioned for WSCs in the Water Code is a penalty for violations of a system’s water conservation practices, found in Section 67.011(b). Similar to the situation with districts, this statute authorizes WSCs to enforce a “reasonable” penalty 16
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Q: An employee of our system recently deployed on military service. What are our legal obligations relating to his employment?
A: The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) requires employers to hold open the jobs of employees on military duty and prohibits employers from discriminating against the employee because of their military service. In general, the job must be held open for up to five years, except in times of a declared national emergency, during which the time is extended until the declaration is revoked. For practical purposes this means the job must be held open indefinitely because the United States has remained in a state of national emergency since the September 11, 2001, terrorist attacks. USERRA protects every type and variety of employee, and upon their return from service, veterans are entitled to whatever position he or she would have attained with reasonable certainty if the
military service had not occurred. Note, however, that state occupational licensing laws still apply, so a veteran may not utilize USERRA to advance to a higher level of operator’s license without meeting all the necessary testing and practical experience requirements. Veterans may not be discharged or subjected to adverse employment action for one year after the date of reinstatement, except for cause, and Texas law will protect employers from chargeback of unemployment benefits if a replacement employee is laid off due to the re-hiring of a veteran. Further, employers must provide up to 24 months of health plan coverage to employees when they are absent on military leave, and upon the veteran’s return, the employer must immediately cover the veteran under the employer’s health plan if they were covered before their absence began. As you can see, the goal of USERRA is to guarantee the veteran’s job during military duty and to make military-related absences irrelevant for most purposes. Q: Our system recently received a frightening bomb threat by email. Local law enforcement was notified, but, as a public water supply system, what other reporting responsibilities do we have? Where can I find more information on who to call? A: You were definitely not alone in receiving this type of threat. In December 2018, dozens of universities, police departments, news outlets, water supply systems and other organizations from coast to coast received frightening bomb threats by email. While no actual bombs were discovered, police departments nationwide had to investigate each incident, including yours. First, you did the right thing by notifying local authorities immediately, as they are the in the best position to respond and ascertain the severity of the threat. Beyond that, Section 341.033(i) of the Texas Health & Safety Code requires public water supply systems to immediately report a potential act of terrorism to the Texas Commission on Environmental Quality (TCEQ) if it believes it has been threatened with an act that may negatively impact the production or delivery of safe and adequate drinking water.
can find more information about TCEQ’s response and recovery efforts, as well as email and phone contact information for the agency’s Homeland Security Coordinator, who would be a great primary contact point for notifying the agency of a threat. For any other incident that could threaten your customers’ health through contamination or loss of water supply, TCEQ encourages you to contact the Public Drinking Water Section’s staff by phone at (512) 239-4691, or by email at pdws@tceq.texas. gov (begin the subject line with “URGENT” and add a brief description of the nature of the incident). Q: We have a belligerent customer who insists each month that we have cheated him on his water usage, charged him too much, or intentionally over-read his meter. We can count on regular unpleasant phone calls in which he berates our staff. Do we have any recourse? Do we have to continue serving him? A: Unless the customer’s behavior rises to the level of intimidation or threats as those terms are strictly defined by law, you will have to continue serving this customer as long as he complies with all of the terms in your tariff or district service policy (such as paying his water bill on time, even if he does so under extreme protest). Section 184.004 of the Utilities Code prohibits individuals from harassing public utility employees with the intent to disrupt service or in a manner that has the effect of disrupting service. The following section allows a public utility to seek a restraining order in district court for threatened violations of 184.004. However, phone calls of the type you described likely would not rise to the level of unlawful threats or intimidation unless the content of the calls relates to a threatened or actual disruption to service to your other customers. If you have a legal question you would like answered, please email legal@trwa.org.
The threat you received would certainly qualify under the statute. The TCEQ maintains a website listing its resources for the programs it administers in Texas under the United States Department of Homeland Security, which can be found at https:// www.tceq.texas.gov/response/security/. Here, you Quench — January / February 2019 17
The Texas Rural Water Political Action Committee Needs Your Support
T
his year’s Texas Rural Water Political Action Committee (PAC) fundraising campaign is already underway, and there are several ways you can help! TRWA has set a strategic goal to raise $50,000 for the PAC in 2019, which we aim to achieve through sponsorships, in-kind donations and through fundraising events at RuralWaterCon in March and our Training and Technical Conference in July. The Texas Rural Water PAC is the bipartisan state and federal political action committee of TRWA. PAC contributions are pooled to make impactful contributions to state and federal candidates in Texas — men and women who understand the issues facing water and wastewater utilities. The Texas Rural Water PAC Board reviews candidates' effectiveness, committee assignments and voting records to determine which ones to support. The first way you can support the PAC is by becoming a sponsor! Each year, TRWA members make individual contributions to the fundraising campaign. By contributing, you can affect the political process and ensure Texas rural water is fairly and effectively represented. PAC Sponsors will be able to display their pride in rural water with sponsorship gifts and will also receive recognition in Quench and at RuralWaterCon, to be held in Austin on March 27–29, 2019. Those who contribute by March 1 will also be printed in the RuralWaterCon official program! Sponsorship levels and gifts are as follows: •
Gold Level: An individual contribution of at least $300 — High Sierra 22" Duffel Bag
•
Silver Level: An individual contribution of $200 to $299 — Maglite Flashlight
•
Bronze Level: An individual contribution of $50 to $199 — RTIC Tumbler
By law, only monetary contributions from individuals may be used by the PAC; corporate or district contributions are prohibited by law to be used for this purpose. Suggested contribution amounts are guidelines, though any level of contribution is appreciated. Individuals may legally contribute up to $5,000 18
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per calendar year. To make a contribution, please visit our website at www.trwa.org and click on the "Legislative" tab to find our online contribution form, or you may download a form and mail it with a personal check payable to the Texas Rural Water PAC to 1616 Rio Grande, Austin, Texas 78701. The second way you can support Texas Rural Water PAC is by making an in-kind donation to be featured at the RuralWaterCon PAC auctions. A silent auction will be held throughout the convention in the exhibit hall, and a live auction for premium items will be held Wednesday, March 27, during the Welcome Reception in the exhibit hall. Some of the live auction items we already have include a 4-night stay in a cozy beach condo on Mustang Island, a hat and guitar autographed by George Strait, weekend packages in Austin and Dallas, and more! We encourage members to donate unique and locally-sourced items for the auction. It is important to note that if the donated item is given by a district or a corporation, the item's winning bid must be at least three times the cost of the item for proceeds to benefit the PAC according to law. If you would like to donate an item, please either send it to the TRWA office, c/o Texas Rural Water PAC, 1616 Rio Grande St., Austin, Texas 78701, or you may drop your donation off at the PAC booth when you arrive at the convention. All donations are appreciated. The third way you can show your support is by attending our PAC fundraising events! If you’re traveling to Austin for RuralWaterCon 2019, join us at Top Golf on Tuesday afternoon, March 26, for fun-filled networking, buffet and driving range event. All registration fees paid with a personal form of payment will go toward the PAC. Read more about this event on page 6! The Texas Rural Water PAC's strength lies in the involvement of water professionals like you. By pooling your contributions with those made by hundreds of other TRWA members across the state, we can make the voice of our industry in Texas even stronger. Join the Texas Rural Water PAC team and help us advocate for the future of Texas rural water!
FINANCING SOLUTIONS FOR RURAL WATER SYSTEMS
The TRWA Loan Program 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 Hunter Hook at 303-793-2242 or email texaswater@cobank.com
Fire Hydrant Operations and Water Hammer By Michael Beadnell, Instructor, Texas Rural Water Association
F
ire hydrants may have many purposes, but there are actually only two types. The first type is called a “flush” type fire hydrant, meaning they are entirely below ground with the top or lid positioned flush with the ground. In this type of hydrant, the discharge and operating nuts are housed in a compartment like a meter box and the outlet(s) reside just below the surface of the ground, protected by a cover that is flush with the pavement. These types of hydrants are installed at industrial sites, airport runways or freeway bridges where installing them above ground would cause a hazard. The second type of fire hydrant is the “post” type, which extends above ground at least 24 inches. There are two designs of post type hydrants: the wet-barrel and the dry-barrel. The dry-barrel hydrants have a main valve below ground at the base of the barrel and a drain valve above the main valve. The barrel contains water only when the main valve opens. The drain valve automatically closes when the main valve opens. When the main valve closes, the drain valve automatically opens to drain the water from the barrel. The wet-barrel hydrants are filled with water and under pressure at all times, with each nozzle having a valve. These hydrants cannot be used where freezing is likely and are often referred to as “California hydrants.” While there are many styles, the most important purpose of fire hydrants is to supply water for firefighting. An operator must be sure each hydrant provides adequate fire-fighting flow. If a hydrant is deficient in flow, it must be reported to the fire department and repaired quickly. Water mains should be flushed and tested often enough to prevent water quality complaints, and fire hydrants are also suited for this purpose. Dead-end mains must be flushed at least monthly. Pressure and flow measurements are also taken from fire hydrants for distribution system analysis. In Texas, a fire hydrant operating nut is usually pentagon shaped and made of soft metals such as brass or bronze. Turning the nut with the wrong 20
Quench — January / February 2019
wrench, a pipe wrench for example, will round the corners making the proper wrench useless. This could be disastrous during a fire. Using the proper wrench should be required. Most hydrant operating nuts open towards the left, but some open toward the right. There is an arrow cast into the bonnet that indicates which direction to open, so be sure to follow the arrow. Most fire hydrant valves will seal by compression against a seat, opening against water pressure and closing with it. Therefore, the valve will close quickly and suddenly if shut too fast, causing water hammer. Water hammer is a pressure surge. A single water hammer can cause multiple breaks in a water main due to sudden force exerted against the valve. In some municipalities, the fire department conducts flow testing every year. At that same time, there may also be multiple main breaks due to pressure surge caused by water hammer. It can be difficult for a fire fighter to understand the need to turn on a fire hydrant slowly because their job is to put the fire out quickly and ensure the safety of the community. Turning a fire hydrant on quickly, in my experience, is typically not where the water hammer occurs—it’s turning them off too quickly that causes the most water hammer damage. It is important to avoid water hammer. The force can be calculated by using the following equation: 3.14 x radius x radius x psi = pounds against the valve. For example, if a standard 5¼” main valve slams shut with 60 psi against it, we would use the following calculation to find the thrust: 3.14 x (5.25 /2 x 5.25/2) x 60 = pounds of water hammer thrust. So in this case, about 1300 pounds of thrust abruptly “hammers” the hydrant shoe, sending shock waves backward through the main. The shock can push the hydrant off the leg and rupture the pipe. These uncontrolled operations and repairs can put a strain on budgets. One way to ensure they do not happen is to have the operator participate in the annual flow testing and be responsible for turning them on and off slowly. If you have questions about this article, contact Michael Beadnell at michael.beadnell@trwa.org.
with Musical Guest, The Derailers
Sunday, April 28th | 2 - 6 PM at Texas Old Town in Kyle, TX Live Music | BBQ Dinner | Auction | Door Prizes Benefitting TRWF & its Programs, Including the Veteran Employment Program
Individual Tickets: $40 Military Ticket: $30 Couple Tickets: $75 Reserved Table for 8: $300 Kids Under 10: Free www.trwa.org/event/HOFV Quench — January / February 2019 21 (512) 472-8591 ext. 105
The Importance of Hands-on Learning By Thomas Acker, Instructor, Texas Rural Water Association
A
nyone can tell you how to fix something or how it works, but true instruction and real knowledge begin when you place an item in front of someone and say: “Take it apart, put it back together and ensure that it works or tell me what is wrong with it.” As an instructor, I have watched students have that dawning of “now I understand” – a revelry that everyone should experience – when given a hands-on task to figure out. I can then show them little trade secrets that can make their jobs easier. Individuals with a lot of experience in our industry are aging and beginning to retire, some taking those trade secrets with them. Therefore, it is up to those of us with the necessary knowledge to pass on whatever we can to new and inexperienced personnel coming in, whether that happens in a classroom or in the field. Sometimes even new people coming into the field bring knowledge that should be passed up the chain to ensure a complete picture. That is why anyone can and should become an “instructor” when it comes to having unique knowledge that they can share with others. We also must remember that not all systems are created the same. Some systems are made up of an assemblage of different equipment purchased as needed at different times. The difference in this equipment coupled with the various ages makes institutional knowledge and hands-on learning paramount. Here are a few examples: The valve pictured to the right is approximately 40 years old. It was manufactured before any of the students working on it were even born! If system personnel did not learn about this valve first-hand, they would 22
Quench — January / February 2019
not know about the construction of the valve. The pump pictured below has a hole in the casing that must be unobstructed or it will not prime. If an individual was not familiar with this type of pump, they would not know the location of the hole or why the pump was not functioning properly. Many of these types of items are still in use in many systems. Hands on learning also helps individuals overcome the fear associated with taking items apart and putting them back together again. In the Chlorinator Maintenance course, we disassemble and reassemble chlorinators that most operators don’t touch. It is nothing more than the fear that the chlorinators control a dangerous gas that keeps operators from working on this equipment. The items are very simple, but just like a tool, you need to understand the workings of how it operates, whether it launches a projectile or passes gas. Both can be dangerous without a good understanding of them. We can explain things down to a detail, but until an individual actually sees what you are explaining, they can still wind up in the dark about how things work and how to fix them. In most cases, what is learned in a hands-on fashion leaves a lasting impression. When words are forgotten, the thing that most people will remember is how things looked and how they feel, which will be committed to memory. So, don’t be afraid to take an old item that you pulled from the ground or an item that is no longer in service and do a little hands-on lesson in how it works. The memory of it will last. If you have questions about this article, please contact me at thomas.acker@trwa.org.
The Cost 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
Savings members enjoy per conference registration
Savings members enjoy per classroom training registration
Legal Consultation $250 $150
Number of different classroom training courses we provide
25 $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
$500
Workforce Services $150
Hourly rate of contractors hired to provide recruitment and employment services
$360
Market value of industry rate reports
$480
Market value of industry salary reports
$100
Member discount on print classified ads in our trade magazine
We match participating systems with eligible job-seeking veterans & provide free training & educational resources to the veteran
Member discount on online job postings
$500
per document
>
$400
We provide free resources to help water systems promote jobs & attract candidates
Communications and Publications 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.
20-30%
$200
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
$5,000
minimum
The Value
$1.25
FREE
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.
$50
$950
$150
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 trainng manual for water board directors
The value is clear!
Quench — January / February 2019 23
Don't Miss Your Chance to Vote in TRWA's 2019 Elections By Allison Kaminsky, Deputy Executive Director, Texas Rural Water Association
D
on’t miss your chance to vote in TRWA’s annual elections, which will be held in conjunction with RuralWaterCon 2019. The convention will be hosted at the Renaissance hotel in Austin on March 27-29. The Annual Business Meeting will be held at 11:30 a.m. on Thursday, March 28, and the election will be held during District Caucuses the following day at 8:00 a.m. During the elections, TRWA members are entitled to one vote on all issues considered at the Annual Business Meeting, including the election of directors and alternate directors. The TRWA Districts up for regular election this year are: Districts 5, 7, 9, 10, 11 and 13. There is also a special election to fill the remainder of a term in District 4. Please refer to the adjacent map if you are unsure of your District. Your 2019 TRWA membership must be current as of March 22 for your vote to count. To participate, members must designate an official delegate to represent your system during the caucus. To appoint a board-certified delegate, please submit a Delegate Certification Form to the credentials committee. Delegate Certification Forms were sent out with convention materials and are also located on our website at www.trwa. org. These forms may be submitted to the TRWA office by mail, email or fax by Friday, March 22, 2019, or delivered in person to the Credentials Committee desk by 5:00 p.m. on Wednesday, March 27, 2019. If you are unable to send a representative from your system to participate in your district caucus, please cast 24
Quench — January / February 2019
an absentee ballot to ensure your interests are represented. In early February, each member was sent their absentee voting packet, which includes procedures, an official ballot, a Delegate Certification Form, and a complete list of candidates and a description of any proposed Bylaws amendments or resolutions. To cast an absentee ballot, you must complete a Delegate Certification Form and the official absentee ballot, and return the original documents to the Credentials Committee using one of the following methods: •
By mail: Official ballot and delegate certification form may be sent to the TRWA office at 1616 Rio Grande St., Austin, Texas 78701. Ballots
submitted through this method must be received by 5:00 p.m. on Friday, March 22, 2019. •
In-person: Official ballot and delegate certification form may be hand delivered to the Credentials Committee desk on-site at the Renaissance hotel in Austin no later than 5:00 p.m. on Wednesday, March 27, 2019.
After you have reviewed your absentee voting packet, if you still have questions regarding the process, please contact TRWA’s Communications Department at (512) 472-8591 or email Allison. Kaminsky@trwa.org.
Name of Project: Parkway Utilities Water Plant Location: Houston, Texas Customer: Tidal Construction, Inc.
Name of Project: Sanderson Farms Water Treatment Plant Location: Tyler, Texas Customer: Max Foote Construction
Next time you need water or wastewater storage tanks
GO WITH THE BRAND YOU KNOW
AND TRUST-AQUASTORE! WWW.TEXAS-AQUASTORE.COM Phone 903.870.5000 – sales@texas-aquastore.com Quench — January / February 2019 25
Pipe Repair Shortcuts to Avoid By Doug Riseden, Technical Support Manager, Krausz USA
I
remember as a kid taking shortcuts, cutting through wherever, just to save a few minutes on my walk home from school, or certainly while doing homework. Some of us learn from experience that shortcuts cost us in the long run. Others, however, continue taking them, thinking or trying to justify they will help. This mentality is common in the area of pipe repairs as systems try to maintain their water infrastructure with increasingly tight budgets and repair crews want to complete projects as quickly as possible. While there is great temptation to take shortcuts, these so called “savings” cost time, money and worker safety. Pipe repair shortcuts never last, tremendously boosting costs. When repairs have to be redone, communities are left to deal with additional repair costs, water-off time and restricted traffic due to road closures and detours. Not only that, when a crew enters a repair site a second time, the ground is less stable, which can increase the chances of the ditch caving in. Add it all up, and shortcuts are a bad idea. Let’s look at my candidates for pipe repair shortcuts to avoid and see if we can come up with a better way to do things. These are in no particular order, as all of them should be avoided. 1. Not measuring the outside diameter of the pipe to be repaired This is a pretty big shortcut, and yet I see this all the time. Different folks do all kinds of different things to determine pipe outside diameter (OD) without first measuring the pipe with an OD tape. For whatever reason, folks often insist they know the OD of pipes in their system and even feel challenged when asked if they have checked. I hear time and time again, “the clamp won’t stop leaking.” My response is to ask if they checked the OD of the pipe they are trying to repair. When the answer is no and they get around to measuring it, many times the OD is different than previously thought. No wonder the clamp won’t stop leaking. Choosing the right sized repair product is important to making good repairs, and you can only know for sure the size of the pipe with an OD tape. 26
Quench — January / February 2019
Before repairing a pipe, measure its outside diameter before ordering repair products.
The costs of guessing ODs are wasted time in installing clamps or couplings, water-off time, and that is to say nothing about employees being frustrated with the process. Our products all have wide OD ranges, meaning that the products will work on a wider variety of ODs, saving on cost and time. 2. Using a clamp to join pipe instead of a coupling There are some folks who will use products just to get the repair completed, but they are not making the best repair. Making the best repair should be the goal of every crew member, and that always involves using the right product. For this shortcut, I’m referring to using a repair clamp, usually with a waffle-style gasket, to join or couple pipe. These products are designed to repair holes or ring breaks. They are not designed to couple pipe since they offer no deflection capacity, which will always result in a break due to ground movement. If you are connecting pipe, use a coupling, not a clamp. Failure to use the correct product results in wasted time, money and increased water off-time. Choose wisely! 3. Restraining pipe using a bag of sakrete, 4x4 posts, old motor grader blade or u-channel posts Thrust blocks are probably the most common way to restrain pipe. They are not simply blocks of cement or bags of sakrete. Engineers go to great lengths to design the right thrust block based upon the needs of the project. Bags of sakrete with holes punched in them and a bucket of water poured on top is not
a thrust block, and neither is a 4x4 post, old motor grader blade or a piece of u-channel post. Restraint couplings are a way to restrain pipe and avoid using thrust blocks altogether. This gives repair crews a quick and safe way to restrain pipe without the time required to make thrust blocks. 4. Using backhoe lights to light a work area Sometimes repair crews, for whatever reason, choose not to bring extra equipment to a repair site, even extra lighting. Crews will rely on the backhoe or excavator lights to illuminate a repair site. These lights will not supply enough illumination for the work site and compromise safety. With a little more effort, extra lighting can become part of the project and create a much safer operation for all crew members. Don’t forget lighting for your flaggers — they are the ones who control the safety of your work zone! If drivers can’t see the flagger, his or her ability to slow down, divert or stop traffic is hindered. 5. Using cheap parts As the old sayings go, “You get what you pay for” and “You buy junk, you get junk” (I like that one). As a former public works director, I believe you have two responsibilities when it comes to purchasing repair products. The first is to your system. That involves purchasing and using quality products that will serve the infrastructure and your community for years to come. You cannot afford to purchase products that will fail early, requiring another repair. No utility can afford the cost of making a second repair at the same location. Additionally, returning to the same dig site erodes confidence in your crews and you! The second responsibility is to buy repair products that your crew likes to use. This is where a supervisor’s or director’s knowledge comes into play. A leader needs to supply great, quality products that offer ease of use and reliability. Getting educated on products is fundamental to ensuring you get the best products. Many pipe repair product manufacturers can deliver “lunch and learns” at your location. These will give you and your crews the opportunity to review products to assess their quality and ease of use. 6. Accepting the lowest repair bids When considering bids for new infrastructure projects, avoid the lowest bid and look for instead the lowest responsible bid. You always need to do your homework with bids submitted for projects. Question the firm with the lowest bid, and don’t be afraid to ask others who have used this firm some tough questions.
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Has this bidder been involved in this type of project before? Has the bidder been involved in a project of this size? Did the firm use quality products or the cheapest available products? What were the results of previous projects? Did they come in on-time and on-budget? How many change orders were there?
Unfortunately, there are firms that will put forward low bids to get the contract and then use change orders to complete the project. These can dramatically increase the price to the point where the contractor would not have received the bid in the first place. Once you get started, it’s hard and expensive to change contractors so be sure to do your homework in advance. When plans are presented for review prior to the project, include other employees. They can offer a fresh set of eyes and may come up with details that you may have missed. While all of these shortcuts attempt to save time, money or both, they are simply not worth it. Shortcuts ultimately waste time and money while compromising worker safety. Shortcuts might have been great for getting home quickly as a kid but when it comes to pipe repair, they are a bad idea. At the end of the day, you get what you pay for. Doug Riseden is the Technical Support Manager for Krausz USA, the creators of HYMAX.
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
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TRWA Briefs New Legal Handbook Now Available Free For Members
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he TRWA Legal Handbooks for both WSCs and Districts have been updated, and for the first time, TRWA is proud to offer these resources to all members at no additional cost as a benefit of your membership! We have done away with the paper-based handbook format, which required numerous heavy three-ring binders. Now, all of the same resources are available online at www.trwa.org under the "Resouces" tab on the navigation pane. Here, you will find a comprehensive subject matter index of topics, including board governance, district elections, drinking water standards, and many others, with links directly to the applicable statute or Public Utility Commission/Texas Commission on Environmental Quality regulation. Now that the handbooks’ subject matter indexes are online, you can easily search for key terms using Control+F on your keyboard, and you will always have access to the most current version of any statute or rule. To access the handbooks, you will need to log in to the TRWA website using your member login name and password. For login and password assistance, please call our Membership Department at 512-472-8591.
Update Your Quench Subscription Information
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f you haven't already, please review your Quench subscription information that was included with your memership dues renewal statement and submit any changes to our Communications Department. As a reminder, your membership with TRWA includes the following: • •
Regular Utility Members — Up to five (5) complimentary subscriptions Associate Members — One (1) complimentary subscription
If you do not update your information with us, we will continue to use the contact information you submitted last year, if available. If you have never submitted subscription information to us, we will continue to send five copies of the magazine to your main system address as a default. 28
Quench — January / February 2019
Systems and individuals wanting additional magazines may purchase annual subscriptions for $30, which includes six issues. Updating your subscription information is easy! Simply use one of the following methods at your earliest convenience: •
•
•
When you renew your membership dues: Your system's 2018 subscription information was included in your membership renewal packet. Please review this information and send any updates to editor@trwa.org. Use our online form: TRWA's website has an online subscription form, accessible by clicking the “Publications” tab on our menu. With this form, you can update your system's list to reflect who you'd like to receive the included subscriptions, as well as purchase any additional subscriptions you may want to add to your account. Download a form: You may also download a form from our website, fill it out and send it to editor@ trwa.org, or fax it to (512) 472-5186.
Thank you to our loyal readers for making Quench a continued success! If you have any questions about your subscriptions, please contact us at editor@trwa. org or call (512) 472-8591, ext. 115.
Calling all Texas Rural Water Emerging Leaders
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e are now accepting applications to join the 2019-20 TRWA Emerging Leaders Program (ELP), our professional development and networking program for up-and-coming leaders in the Texas rural water industry. We are excited to bring together our second Emerging Leaders class to cultivate energetic and engaged individuals who are invested in the future of rural water. The ELP combines remote and in-person training specifically designed to enhance leadership, engagement and advocacy among early- to midcareer utility professionals. The inaugural ELP class, which was launched in 2017, graduated 12 participants who spent nine months earning leadership development credit hours for attending live training sessions and webinars, interacting through an online forum, completing monthly assignments and speaking one-on-one with their assigned coaches. Participants also planned and executed individual local leadership projects and were honored at RuralWaterCon 2018.
In addition to their professional development, participants also benefitted from networking opportunities that enabled them to connect with other emerging and established leaders in the water and wastewater industry. Emerging Leader Alumni continue to have heightened engagement with the association through TRWA programming input, Quench article contribution, individual project continuations, and more.
tips and techniques, important rural water legislative issues and their impacts on consumers, simple ways to protect public water supplies and little-known facts about water operators. Our second issue will have a distribution of approximately 30,000 rural water consumers, and includes the interview with Chairman Perry printed in this issue of Quench, as well as articles on cyber security, variables that affect water rates, and why tap water is better than bottled water.
The curriculum is specifically designed for the water/wastewater industry and focuses on:
“Texas on Tap was well-received by our customers and the customization allowed us to include important memos, as well as a closer look at the history and future of our utility district,” said Cash SUD General Manager Clay Hodges. “The process was simple on our end and we look forward to participating in future issues.”
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Leadership Management Advocacy and Grassroots Engagement Water Policy and Regulatory Relationships Public Relations, including Community Outreach and Media Relations • Fundraising The deadline to submit your application is April 15, 2019. More information about the ELP and application process 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 512-4728591, ext. 115 or e-mail leadership@trwa.org for more information or to submit your application today!
Sign up Today for our new Consumer Magazine
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RWA is currently working on its second issue of Texas on Tap, a member-only direct-to-consumer magazine for participating utilities. This magazine is used to communicate with and educate utility customers while building public support for the local water utility and the industry as a whole. Nearly 40,000 consumers across the state received the first issue of Texas on Tap which featured articles that overviewed smart watering
We are seeking commitments to move forward with future issues of this publication. The TRWA Board has approved this as a quarterly service if enough systems commit per issue to make it financially feasible for production. Here are a few reasons our new consumer magazine can benefit your system. Provide Industry Insight: Take advantage of consumer-specific content curated by the legal, training and technical professionals on our editorial board. These articles will serve the ultimate purpose of informing consumers and decreasing the divide in industry comprehension. Maximize your Resources: Simplify internal processes and outsource communications services. Our team will save you time and energy while producing a quality, consistent and relevant product. Reduce your time spent on research and design and focus on what’s most important to you: informing your customers. We encourage all participating systems to join our editorial board to submit article suggestions and feedback. Continued on page 30
Continued on page 30 Quench — January / February 2019 29
Continued from page 29
Include Key Messages: While this publication will be streamlined to include universal consumer information, it can also serve as a direct communication avenue for systems. Customized pages can be used to provide meeting notices, highlight staff, share accomplishments or promote local events — it’s all dependent on your goals and key messages! Subscribing systems can choose from two options: •
Standard eight-page version – universal content — $0.79 per piece (includes production, mailing and handling costs)
•
Customized 12-page version – universal content plus custom pages and system branding — $0.99 per piece (includes production, mailing and handling costs)
The standard version of the first issue of Texas on Tap can be found online along with the commitment form at www.trwa.org/consumer. Questions? Contact the Communications Team at editor@trwa.org or 512-472-8592.
Classified Ad Quadvest Water and Wastewater Utility Company is in search of the top talent in the industry. We have been in business since 1978 and have recently made it our focus to grow—becoming one of the few privatelyowned utility companies that are classified as a Class A utility company. Achieving success through our happy employees, we have become “Houston Business Journals” top 40th best company and “Texas Monthly’s” 14th best company! Our Core Values set us apart and take us down an ‘E-P-I-C P-A-T-H’ to success. They are Employee Centricity, Professionalism, Innovative, Customer Centricity, Passion to Win, Accountability, Trust and Hard Work. If you want to be a part of a top Texas Utility Company and our Core Values are important values to you, please contact us at http://quadvest.com/careers or email Mandi Brown at mbrown@quadvest.com. “The Glass Is Always Full”
Advertiser Index AIA Insurance Agency........................................... Page 9 Childress Engineers......................................................25 CoBank...........................................................................19 Daniel & Brown, Inc.......................................................17 Dedicated Controls........................................................25 Esri.................................................................................. 11 Ferguson........................................................................13 J.F. Fontaine & Associates...........................................27 KSA Engineers.................................................................7 Maguire Iron.....................................................................7 NewGen Strategies & Solutions.....................................7 Pittsburg Tank & Tower Maintenance Co., Inc............29 Russell Drilling Co., Inc................................................25 SAMCO...........................................................................15 Schaumburg & Polk, Inc...............................................13 Smith Pump Co., Inc......................................................29 Texas Aquastore............................................................25 30
Quench — January / February 2019
Plan Ahead CONFERENCES: March 27, 2019
TRWA/USDA Rural Development Engineering Conference, Renaissance Hotel Austin
March 28-29, 2019
RuralWaterCon 2019, Renaissance Hotel Austin
June 6-7, 2019
Office Professionals Conference, Embassy Suites, San Marcos
July 10-11, 2019
Training and Technical Conference, Galveston Island Convention Center
OPERATOR TRAINING COURSES: Water Credit Courses
Basic Water Works Operations: Kilgore - February 26-28 Harlingen - March 5-7 Mesquite - April 23-25 Groundwater Production: San Antonio - February 26- 28 Bells - April 2-4 Surface Water Production 1: San Antonio - March 5-7 Aubrey - March 12-14 Surface Water Production 2: Aubrey - April 9-11 Water Distribution: Uvalde - February 12-14 Atascosa - March 12-14 Terrell - April 2-4 Brownwood - April 23-25 Water Sampling & Field Analysis: San Antonio - March 21
Water and Wastewater Credit Courses
Applied Confined Space: Mesquite - February 20 Chlorinator Systems and Chemical Handling: Customer Service Inspections: Terrell - February 26-27 San Antonio - March 19-20 Riverside - April 24-25 Pump and Motor Maintenance: Morgan's Point Resort - March 5-7 Utility Calculations: San Antonio - March 26-28 Utility Management: San Antonio - April 9-11 Utility Safety: Gainesville - March 19-21 Valve & Hydrant Maintenance: San Antonio - April 2-4
Wastewater Credit Courses
Operation of Activated Sludge Plants: San Antonio - February 12-14 Pittsburg - March 19-21 Basic Wastewater: Brownwood - March 12-14 Harlingen - April 9-11 Wastewater Collections: San Antonio - February 19-21 Wastewater Lab: Texarkana - February 26-28 Wastewater Treatment: San Antonio - April 16-18
Public Funds Investment Act Initial: Austin - March 26 Renewal: Austin - March 26
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1616 Rio Grande| Austin, TX 78701-1122 Telephone: (512) 472-8591 | Fax: (512) 472-5186 www.trwa.org
RuralWaterCon 2019 Austin, Texas | March 27-29 Registration now open at www.trwa.org