Quench Magazine - March/April 2015 by Texas Rural Water Association

USDA RUS ADMINISTRATOR ANNOUNCES NEW “BUILD OUT TEXAS” INITIATIVE

ALSO INSIDE: Texas Rural Water Foundation Launches Conservation Education Program The Importance of Forests to Water Resources

MARCH / APRIL 2015 WWW.TRWA.ORG

TRWA Today TRWA BOARD OF DIRECTORS

Fred Aus Executive Director

Officers Clay Hodges Pat Allen Brian Macmanus Barry Miller James Morrison

TRWA STAFF Allison Kaminsky Communications Director

President Hunt (Dist. 7) Vice President Guadalupe (Dist. 9) Secretary Cameron (Dist. 6) Treasurer Gonzales (Dist. 5) Immediate Past President Walker (Dist. 13)

District Directors John Frantz

Hartley (Dist. 1)

Bruce Alexander

Medina (Dist. 2)

Chris Boyd

Denton (Dist. 3)

Teresa McAnally Member Services Director Lance Harrell Information Technology Lara Zent Deputy Executive Director and General Counsel Pauline Word Legal Assistant Larry Bell Technical Assistance Director Raymond Curtis Wastewater Trainer Alex Eaves Wastewater Technician Paul King Circuit Rider James Smith Circuit Rider William White Circuit Rider Celia Eaves Environmental Services Director Deborah McMullan Source Water Protection Specialist

Delores Goode

Lampasas (Dist. 4)

Steven Mindt Technical Assistance and Training Specialist Refugio Rodriguez FMT Specialist Janice Gibbs, CPA Finance Director

Hill (Dist. 8)

Pam Cantrell Administrative Assistant

Kent Watson

Brazos (Dist. 10)

Angela Harris Administrative Assistant

Kevin Spence

Franklin (Dist. 11)

Michael Vollmar Professional Development and Training Director

Vickie Armstrong

Kaufman (Dist. 12)

Melody Bennett Administrative Assistant

Charles Beseda

Jerry Pickard

Sabine (Dist. 14)

Len Klandrud Instructor George Patterson Instructor

Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of more than 750 nonprofit water supply corporations, special utility districts, municipal utility districts, small-town water departments, investor-owned utilities and individual members. 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 and operators 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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CONTACT THE EDITOR Quench is the official bimonthly publication of the Texas Rural Water Association. Your comments and opinions, as well as editorial and advertising inquiries, are welcomed and should be directed to the Editor, Allison Kaminsky, at (512) 472-8591 or at editor@trwa.org. Find TRWA on Facebook “Like” our Page and join the conversation at: www.facebook.com/TexasRuralWaterAssn

Follow TRWA on Twitter! Find us at @TexasRuralWater for all water industry news and @TRWALegislative for legislative updates relevant to you!

Features:

USDA RUS Administrator Announces New “Build Out Texas” Initiative By Fred Aus, Texas Rural Water Association Learn more about a special initiative that USDA RD is rolling out to serve small and rural water and wastewater systems in Texas.

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Letter from the Executive Director

Keep it Legal

Advertiser Index

Plan Ahead

Answers to your legal questions

Texas Rural Water Foundation Launches Conservation Education Program By Glenn Gomez, Texas Rural Water Foundation TRWF and TRWA have partnered to create a program to help rural utilities develop a comprehensive conservation program.

Ask Larry

Answers to your technical questions

By Jacqueline Ponti-Lazaruk, USDA RUS Read more about the measures USDA RUS is taking to improve and expedite customers’ experiences.

In Every Issue:

USDA Rural Development Streamlines Loan Processing to Expedite Funding

TRWA Board Member Profile: Brian Macmanus

The Importance of Forests to Water Resources —Water Supply

Get to know TRWA’s Board Secretary and District 6 Director Brian Macmanus.

By Hughes Simpson, Texas A&M Forest Service This is the second in a series of articles we will run in 2015 on forests and watershed management and their importance to drinking water supply.

TRWA’s Calendar of Events

Parker County SUD Celebrates Infrastructure Improvements

Parker County SUD opens a new water treatment plant and makes plans for further improvements.

TRWA Briefs

Twin Creek WSC Receives Superior Water Designation; Twin Creek WSC General Manager Participates in Utility Management Certif cation Program; TRWF Welcomes New VISTAs; Shirley WSC Celebrates 50 Years; TRWA Goes to Washington; Save the Date for TRWA’s Off ce Professionals Conference; TRWF Announces Winners of PH2OTOSTREAM Contest.

ON THE COVER: Fork of the Red River Running Through Palo Duro Canyon PHOTO CREDIT: Alison M. Jones, No Water No Life®, Grand Prize Winner of TRWF PH2OSTREAM 2015 Quench — March/April 2015

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Quench — March/April 2015

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Letter from the Executive Director Everyday Heroes of Rural Texas We’ve had a fair number of ice days in Austin this winter. And every time we have one, I think about the dedicated and unsung folks who are outside working to repair line breaks and make sure that people have their water and wastewater service as uninterrupted as possible. They do such a good job of it, that most people take for granted everything it takes to pump, treat and deliver quality drinking water and to carry away and treat wastewater. For better or worse, the ongoing drought has caused state and national leaders to pay closer attention. They are recognizing the infrastructure costs involved, and now they are starting to realize the workforce resources that are required. We are spending a great deal of the current Texas Legislature’s Regular Session working to educate legislators and other key policy makers about the great work that all of you in the rural water and wastewater industry do every day—especially in the face of complex and increasing regulations and limited f nancial resources. And the upcoming 2015 TRWA Annual Convention—RuralWaterCon— provides opportunities to celebrate the hard work that each of you does every day, as well as to f nd out more about resources that may be available to help you meet your current and future water supply and infrastructure needs. We will be talking about regulations at the federal and state level, signif cant water legislation at the State Capitol, and lots of discussion about funding options technological tools for rural water and wastewater utilities. Join us for our Rural Water Day on Wednesday, March 18, as we head to the Capitol to make our voice for rural water heard. You made a big impact two years ago, and folks at the Capitol understand our push to “Keep Texas Rural” in the best of ways. Participate in the PAC fundraising activities, which help us support those who support our efforts to Keep Texas Rural. Join the Annual Opening Session to hear guest speakers like NRWA Board President Charles Hilton and USDA off cials on Thursday, March 19, and work to make the association more unif ed than ever in our efforts for rural water and rural Texas. You’ll be able to learn more about a new “Build Out Texas” initiative from USDA RD that is discussed later in this issue of “Quench.”

“Most people take for granted everything it takes to pump, treat and deliver quality drinking water & to carry away and treat wastewater.”

Go to the workshops Thursday afternoon and Friday and Rural Water Connections Luncheon on Friday to hear from informative speakers and gain knowledge from your counterparts in the industry. Above all, come together at TRWA’s largest conference of the year. See old friends and make new ones, as we grow the power of our association, together.

Fred Aus Executive Director Texas Rural Water Association Quench — March/April 2015

USDA RUS Administrator Announces New “Build Out Texas” Initiative By Fred Aus, Executive Director, Texas Rural Water Association s we go to print with this issue of Quench in advance of TRWA’s 2015 Annual Convention —RuralWaterCon—we have just received some late breaking and important news from the United States Department of Agriculture.

might benef t from USDA RD funding. You may be contacted in the coming weeks and months regarding such projects. We will have a list of the Build out Texas team members available at the TRWA website.

As you know, USDA Rural Development (RD) provides funding through more than 40 programs to assist rural communities with infrastructure, housing, business and other needs. In particular, RD provides low-cost loans and grants for water and wastewater infrastructure. However, in recent years, many borrowers in Texas have experienced some challenges with the USDA RD f nancing processes.

The Build Out Texas team has already begun fanning out across the state to meet with current and potential funding applicants. Feel free to contact them at any time regarding new projects you might have.

USDA has been listening to many of the concerns that you all have raised. And the new acting administrator of USDA Rural Development (RD) Rural Utilities Service (RUS), Mr. Jasper Schneider, has just announced a special initiative that RD is rolling out to serve small and rural water and wastewater systems in Texas—“Build Out Texas.” We at TRWA are excited to announce this initiative to our members and to the rural water community within Texas. The Build Out Texas project aims to invest at least $70 million in loans and grants for rural water and wastewater infrastructure across Texas by September 2015. A key goal of the project is to reduce processing times for applications. To achieve these goals, USDA RD has assembled a team composed of current Texas Rural Development specialists and engineers, as well as experts from USDA’s National Off ce staff. The Texas-based team is being led by Mr. Kent Evans, a senior manager with 24 years of experience working with RD programs in the f eld, and currently the Water Programs Division Director at USDA headquarters. Between now and September 30, 2015, all processing of requests for USDA RD water and wastewater funding in Texas will be handled by this team. The Build Out Texas team is reviewing all pending applications and expressions of interest on f le across Texas. In addition, they are working with TRWA and others to identify projects that 6

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There will be a great opportunity for you to meet the Build Out Texas team members at the TRWA Annual Convention that will be taking place in Austin on March 18-20, 2015. They will be leading the USDA Engineering Conference on Wednesday, March 18. Engineering consultants will have a chance to discuss current preliminary engineering reports and other project documentation with specialists and engineers from the Build Out Texas team. TRWA will have USDA RUS Assistant Administrator for Water and Environmental Programs, Jacki Ponti-Lazaruk, as a special guest speaker at the opening session of the convention on the morning of Thursday, March 19. And team leader Kent Evans and other team members will be on-site throughout the convention. We hope you will take advantage of this unique forum to meet with them and discuss how they might assist you and the communities you serve. They will be available to meet with utility system managers, board members, engineers and water professionals regarding Build Out Texas and projects in need of funding. USDA is to be commended for making this investment of staff resources in our state and reaching out to provide viable funding options for rural water and wastewater infrastructure. We have efforts by other funding entities in recent years in Texas, and we at TRWA are thankful that USDA RD is taking this big step to help Keep Texas Rural in the best of ways.

USDA Rural Development Streamlines Loan Processing to Expedite Funding By Jacqueline Ponti-Lazaruk, Assistant Administrator, Water and Environmental Programs Rural Development, Rural Utilities Service, U.S. Department of Agriculture SDA Rural Development has a long, rich history of working with rural America’s smallest communities to provide loan and grant assistance for essential water and sewer infrastructure projects. Since 2009, we have helped more than 15 million rural residents receive new or improved water and waste disposal services, emergency water assistance, and technical help. Our assistance has been as varied, as the need: for new or upgraded water and sewage treatment plants, equipment, wells and even water itself for droughtinf icted communities.

Our program started as a partnership with rural communities. It was designed with an understanding of how good, clean, affordable and reliable service interconnects with every other aspect of life in rural America and the knowledge of how important rural contributions are to the national economy. Seventyeight years later, the issues surrounding water are no less critical to our country. And the need for programs like rural development’s water program remains high. We are proud of our successes—but we know we can do better. We realize that the funding process for USDA water and waste loans and grants can be timeconsuming and lengthy. We are working to change that. Our goal is to ensure our loan and grant applicants receive funding decisions within 45 days of submitting a complete application. We have already demonstrated this can be achieved. As noted in the March 2013 edition of The Kansas Lifeline, USDA’s funding of a $2 million f ltration replacement project in the city of Holton and Jackson County RWD 3 was “one of the fastest in Kansas!” USDA Rural Development has more than $1.7 billion in loans, grants and guarantees available this year, and our success depends on helping you, our rural partners, receive the funding you need to provide essential water and waste services. To reach our goal, we are taking measurable steps to improve and expedite our customers’ experiences. Through new streamlined underwriting processes,

use of improved technologies, collaboration and outreach, as well as increased employee training and engagement, we are decreasing loan processing times. Many time-saving improvements have already been implemented. In 2014, our streamlining efforts began in earnest with the introduction of new procedures for faster processing Emergency and Imminent Community Water Assistance Grant (ECWAG) applications. By utilizing this new streamlined process, towns such as tornado-ravaged Gifford, Illinois were able to receive much-needed ECWAG grants to help replace a destroyed water plant and damaged water tower in record time. Our guaranteed loan program is currently being revamped and streamlined. We will have a new userfriendly guaranteed loan process in place next year. Additionally, an abbreviated review process for loans requiring national off ce concurrence is now in place and, this year, USDA Rural Development will begin receiving funding applications electronically. Both of these changes will reduce loan approval “wait time” for applicants. Last but not least, with our renewed dedication to employee training in 2015, we are ensuring all staff has the knowledge and skills to deliver our programs eff ciently, effectively and consistently. Collaboration with other state and federal agencies remains a priority. Our partnership with the Environmental Protection Agency on the new sustainability guide, also known as “Workshop in a Box,” has proven to be very successful. Over the last 12 months, we have trained more than 350 trainers to facilitate the workshop. Through this and many more collaborative efforts, we are building capacity and leveraging knowledge and f nancial resources. To learn more about how Rural Development can help meet your water and waste needs, please contact your local USDA off ce. I look forward to working with you and the rural communities we all serve! Quench — March/April 2015

Texas Rural Water Foundation Launches Conservation Education Program By Glenn Gomez, Foundation Development Specialist, Texas Rural Water Foundation oday water has become so seamlessly woven into everyone’s home and daily life that the ready supply can easily be taken for granted. Much of this is thanks to the exemplary service provided by water utilities, and their commitment to service to their customers. However, many not within the industry have become entirely removed from the processes that provide them with clean water and even further removed from the water sources that supply that water. In fact, according to a recent study, only 28 percent of Texas adults can def nitively identify the source of their drinking water (Baselice & Associates, Inc. survey conducted for Texas Water Foundation, October 5-20, 2014). This disconnect between water supply and its users emphasizes the need for discussion regarding tangible water conservation goals, and the roles utilities, communities and individuals play in managing water.

So, how do we actually consider cutting back on water when its use is so embedded in everyday life, even if we recognize a shortage problem down the line? First we must move beyond considering water as simply a commodity for which payment can assure supply; but think of it as a vital asset to the towns, businesses and people of Texas’ present and future. Then, with eff cient management, we can begin to grapple with the problem. The solution will not come overnight, and it is a multifaceted answer that requires collective responsibility partnered with thoughtful management practices. But, in order to move forward, it is paramount that we fully utilize the unique position water utilities have to be a leader for their communities, and act as a driving force in the promotion of conservation. In the spirit of “Progress through Unity,” Texas Rural Water Foundation and Texas Rural Water Association have partnered to create the “Don’t Leave Texas High And Dry” Water Conservation Program aimed at working with rural utilities to develop a comprehensive conservation program. The Don’t Leave Texas High And Dry Water Conservation Program consists of two components: Conservation Technical Support and Conservation Outreach. Each of these supporting components is respectively targeted at supply-side and demandside conservation efforts. The Conservation Technical Support component will focus specif cally on supply-side water conservation and forms the backbone of the program through one-on-one technical support to utilities. This support will include working with utilities to: simplify the water loss audit process, put in place eff cient data management systems to provide for more accurate analysis of the types of water loss that might occur in a water system, establish water conservation goals and plans, and incorporate conservation rate pricing. The Conservation Outreach component of the Program will aim to engage and inform rural communities in order to curb demand. This part is essential to the program, and to the success of overall water conservation goals. Much like a water supply system, curbing demand is all about eff cient

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self-management principles. New technology has the capability to provide precise information on how much water we use for different activities, which may assist us with reducing water usage. However, utilities will need to use this information to educate their consumers in order to achieve lifestyle changes that will result in reduced water use.

Celia Eaves and TRWF Foundation Development Specialist Glenn Gomez will also be presenting on the topic at one of the concurrent workshops. Otherwise, please contact the Foundation team about this program and how you may participate. They can be reached at 512-472-8591, or by e-mail at foundation@texasrwf.org.

The Conservation Outreach component will assist utilities in developing and implementing marketing and education plans to encourage water conservation amongst their customers and assist utilities with conducting water conservation oriented community events to accomplish their conservation goals. If you feel strongly about conserving water and believe in the value of maintaining this precious resource in our rural communities in Texas, please take the time to connect with us about this Program. The Don’t Leave Texas High and Dry Water Conservation Program will launch in conjunction with Texas Rural Water Association’s RuralWaterCon in March 2015. At the convention, please come by the Texas Rural Water Foundation’s booth in the Exhibit Hall to sign up to receive more information about the program and to learn how to participate. TRWA Environmental Services Director

Planning and Design Services for your Water System TREATMENT STORAGE DISTRIBUTION ksaeng.com | 877.572.3647

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Ask Larry A Q&A column with TRWA Technical Assistance Director Larry Bell

In the latest issue of the TRWA magazine, you responded to a question of a utilities’ obligation to serve new customers within the utility’s certificate of convenience and necessity (CCN) when the utility does not have the capacity to meet the new demands. The case in question referred to wastewater services, but could just as easily have been applicable to water service. Your response to the question was “…you have the legal obligation to provide service…” I would like some further clarification of this response. Our water supply corporation recently faced this same question. Our water source is 100 percent groundwater so the only way we can meet increased demand is to drill new wells. Recently a couple purchased an older home within our CCN that had its own well and was not connected to our system. They approached us to purchase a meter rather than relying on the old well. Our engineer did a system study, which is our standard procedure when someone applies for new service, and determined that if we added the meter, the WSC could not guarantee meeting peak summer demand while providing the minimum 35 psi pressure that we guarantee at the meter tap. So, we refused service. This similar procedure for determining the ability to serve new customers has been used by our WSC many times in the past on various branches of our system. Article E.11.g of the new TRWA model tariff states that service may be denied if “… Applicant’s service facilities are known to be inadequate or of such character that satisfactory service cannot be provided.” Since our WSC is the service facility, and since our consulting engineer says satisfactory service cannot be provided, don’t we have the right to deny service? A: My response to the other system’s question is applicable to either water or wastewater systems that have a CCN previously issued by the Texas Commission on Environmental Quality (TCEQ) and

now regulated by the Public Utility Commission (PUC). There are several references in the Texas Water Code as well as the Texas Administrative Code (TAC) that address the requirement that each system with a CCN must provide water or wastewater service, whichever service they provide, once an applicant complies with the established policies and procedures of the system. Water Code Chapter 13 states if an applicant applies for service and agrees to comply with the system’s approved tariff conditions for service, then the system must provide service within its CCN. The new PUC rule at 16 TAC Section 24.85 also states “every retail public utility shall serve each qualif ed service applicant within its certif cated area as soon as is practical after receiving a completed application.” The TRWA Sample Tariff is based on and strongly relies on sections in the law and rules to allow the systems to enforce their policies. An applicant must f rst complete the necessary paperwork to request service. The next step is the “service investigation.” In your system’s case, the board has elected to have an engineer conduct a study to determine the impact of adding one or more new meters to an existing line. If the engineer comes back with a report such as you described, then the system is not in compliance with other sections of the rules, including the 85 percent rule. This rule states that once a system reaches 85 percent of any system capacity, the system must begin conducting a study and investigate what improvements or upgrades must be made to that section of their system. Before that section of the system reaches 100 percent capacity, the system must construct improvements or upgrades their engineer has designed as necessary to comply with the duty to serve. The rules and statutes also require a system to maintain suff cient capacity from their wells, water treatment plants, storage, pumps and distribution Continued on page 12

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system lines to be able to add new applicants as they apply for service. Many systems may not be aware of these requirements, but lack of knowledge does not mean TCEQ and PUC will not enforce this rule once a single applicant informs them they were denied service within a system’s CCN. TRWA has suggested for years that systems regularly have hydraulic studies conducted by an engineer to determine how many more connections they can add before they have to drill a new well, build a new storage tank, install bigger pumps or upgrade their distribution system lines. Then the board will need to sit down with the engineer and prioritize these improvements/upgrades based on what is the most critical need and begin working through these projects one at a time. Many systems collect some type of “up-front capital improvement” or equity buy-in fee from all new customers /applicants to fund some of these required improvements once they reach 85 percent or 100 percent capacity. Your system needs to refrain from using the term “denying service” and instead begin having the engineer determine the applicant’s estimated cost and provide that quote. This quote would include what it would cost for certain improvements the applicant would need to pay and what costs the system would pay. If an applicant refuses to pay the estimated upgrade costs, pay the regular fees, provide an easement or complete their paperwork, then they are not in compliance and not entitled to receive service until they comply. You called my attention to the phrase ... “applicant’s service facilities are known to be inadequate or...” This section in the rules does not refer to the WSC as being the “service facility.”

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This section of the rules relates only to the applicant’s yard line from the meter to the house, or any appliances or water-using devices within their property that create or potentially create a hazardous condition that can make the residents at that location or their neighbors sick by drinking or using contaminated water. A private well hooked up to the back side of their home would be one of these types of inadequate conditions, as would any other type of cross-connection. The bottom line is that if an applicant’s property is within your system’s CCN, and they have completed and returned their paperwork to the off ce, and paid their fees, then the system must install a meter on their property and provide service. If you have a technical question you would like answered, please e-mail Larry.Bell@trwa.org.

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TRWA Board Member Profile Brian Macmanus is the Texas Rural Water Association’s Board Secretary and Director of District 6

ell me a little about your background. Where did you grow up? What was it like growing up there?

I grew up on a small (20 acre) family farm in rural Cameron County northwest of Harlingen, Texas. Life was simple and country. I used to roam for miles in the neighboring farms and citrus orchards as country kids used to do. We hunted bird (ducks and doves) a lot. As I got older we had more opportunities to hunt deer in ranch country to the north. We had opportunities to learn hard labor putting in fence, loading cattle, clearing brush, mowing a 1.25 acre yard with a push mower and living through the aftermath of hurricanes. We went to school in Harlingen and I played football and participated in UIL academic events. 4-H was our biggest time commitment as my dad was the club manager and we raised hogs, steers, lambs and chickens for the local regional livestock show. Tell me about your family. My parents are still alive at 84 (mom) and 87 (dad) and live in the house where they moved the month I was born, which is now across the street from my home. Our Roman Catholic Faith is very important to us. I had four brothers and four sisters. Getting food at dinner was a challenge if you ate slowly. All of my siblings have college degrees and all four brothers and myself were commissioned as off cers in the Armed Forces, and my dad was in the Texas National Guard. One time as a kid, I remember my dad (who was the Battalion Commander) landing in an Army helicopter in the pasture next to our house so he could stop and see his family during summer drills. It was an awesome memory seeing him jump out of the side door of the chopper. Duty, Honor, and Country were values that were planted deeply in my soul. My beautiful Nancy and I have been married for 22 years. She is currently a substitute teacher, which gives her signif cant f exibility in her schedule. This is much needed, as we have f ve great kids who all have learned hard work through family and life experiences. Our children are Justin Edward (18), who is soon heading to Aggieland, Alec Riley (16), Laura Rita (14), Julia Faye (11), and Naomi Grace

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Brian Macmanus with his wife, Nancy, and their children Justin Edward, Alec Riley, Laura Rita, Julia Faye and Naomi Grace.

(8). My mother-in-law Eugenie Risdal lives about 5 miles away, and she and my parents are both actively involved with our kids. Eugenie loves tennis and has inspired all of my kids to take it up. Justin and Alec both play on the local Harlingen High School team and compete regularly in tournaments. They are both number one academically in their class of about 600 students. Laura plays for her middle school team and just won district in doubles and also enjoys choir. Julia is now picking up tennis. Laura and Naomi are soccer dynamos. Both lead their teams in scoring. Nancy has coached Naomi’s team for f ve years now. All the kids are leaders in 4-H and enjoy raising either broilers (chickens) or rabbits and compete f ercely in Food Show, Food Challenge and Roundup events at the county, district and state levels. How did you get into the water industry? I took an interest in water and wastewater treatment at the end of my undergraduate studies at Texas A&M University. I was commissioned as second lieutenant in the U.S. Army Corps of Engineers when I graduated from A&M. I immediately

took an educational delay to complete my master’s degree in Agricultural Engineering at the University of Missouri, Columbia, where I conducted graduate research on the hydraulics of rock-bed wetlands for wastewater treatment. While completing my master’s, the Army changed my specialty to Sanitary Engineer in the Medical Service Corps. After off cer basic at Fort Sam Houston, my f rst Army assignment was at Fort McPherson where my unit, the U.S. Army Environmental Hygiene Agency, later named the U.S. Army Center for Health Promotion and Preventive Medicine, had me do environmental engineering consultations to U.S. military installations in the southeast United States. I basically assessed water and wastewater systems for regulatory compliance and engineering or infrastructure needs. I became the water and wastewater expert of the engineers in our unit. My next assignment was in Fort Greeley, Alaska, where I was the environmental and safety off cer for the Cold Regions Test Center where the Army tests materiel and equipment for arctic conditions. It was a very cool and cold assignment. I tested contaminated soils (actually tundra) for fuel concentrations where previous spills had occurred and ensured most folks didn’t get frostbite, hypothermia or blown up. I also hunted moose, caribou, ptarmigan, arctic hare and f shed for all kinds of salmon and northern pike. When my Army time commitment was ending, I started looking for outside employment and interviewed for the Assistant Engineering position in the Harlingen Waterworks System (HWWS). They hired me when I left the Army. Three years after starting with Harlingen, the General Manager (who later left HWWS under investigation from the Texas Rangers for corruption and embezzlement) and I were like oil and water. I interviewed with East Rio Hondo WSC (ERHWSC), and Billie Joe Simpson hired me as the Director of Water and Wastewater. I ran all the operations initially and Billie Joe ran the off ce and f nances. How long have you served in your current position? Can you give me a brief overview of what it is you do in your work? I have off cially been the General Manager of ERHWSC for 1.5 years. Most of my time is spent ensuring capital improvement projects are being funded, designed or built. I also deal with customer complaints when they rise to the GM level, Board and staff meetings, political relations with state, federal and local politicians, and system operation and maintenance is always on my radar. I am a stickler for maintenance.

How did you first get involved with the Texas Rural Water Association? I simply started going to training seminars and then became involved in TCEQ stakeholder processes that involved CCN decertif cation statutes. Testifying at the Capitol was the next step. I became an alternate to the Board and became a Board member when Director Charles Browning became ill. I don’t even remember when I was elected for the f rst time, but somewhere around 2006 or 2007. What motivates you to serve on the Texas Rural Water Association’s Board? Ensuring that rural water has a strong voice at the Capitol and at our regulatory agencies. If we don’t present a professional, persuasive argument as to why we are as good as or better than our surrounding large, municipal utilities, we will slowly fade into the sunset. What are the goals you most want to accomplish in your work? Good pressure, the best tasting water, a smile with our service and at a fair price. What are the goals you want to accomplish in your service to the Association? To ensure TRWA members continue to improve service to their customers through training, planning and positive customer service actions in each individual system’s area, and that our voice and presence in Texas is well known and respected. What would you consider the major milestones/ accomplishments of the Association? Development of the Texas Rural Water Political Action Committee, our bi-monthly publication “Quench, and our training conferences/programs. What has been the proudest moment of your career? Diff cult to say; there have been many. One that has happened more than once is telling another utility that I’m happy with my current employment and not interested in changing places at this time. Another was when the Board of Directors at ERHWSC hired me as General Manager without advertising when the position became open. What is the most important lesson you have learned so far in your career? I have learned that keeping your cool and communicating effectively in the stressful moments Continued on page 16 Quench — March/April 2015

Continued from page 15

usually yield a much better end product than the alternative. What do you like most about your job, and what’s the biggest challenge? I enjoy trying to help people by providing reasonable solutions. The biggest challenge is f nding the funds for all the projects that need to be completed, while maintaining a reasonable rate to my members. What do you do when you’re not on the job? Family time. I watch the kids play tennis, soccer, swim and any other sports or activities they are in, and I help them with their 4-H projects. The boys have broilers and the girls raise rabbits. Nancy and I are co-4-H club managers. I enjoy teaching Food & Nutrition to the 4-H kids and seeing them compete. I have a vegetable and rose garden. I have coffee with my parents every Saturday morning when I’m in town. We all attend church together. I love to hunt just about anything, but especially quail and ducks. We even process our own wild game. Shooting sports are another pleasure. My immediate family likes to play cards, spoons, dominos or board games together. Occasionally we have a family movie night. What are you passionate about? My God, my wife, my kids, hunting and the Second Amendment. Do you have any key mentors who have influenced you in your personal or professional life? If yes, tell me about them. My mom and dad still mentor me, sometimes without me realizing it. Major Steve Richards was my immediate supervisor in the Army and I credit him with my technical writing abilities. Dennis Raymond, P.E. was my supervisor at HWWS and taught me most of my engineering skills, including engineering ethics. Billie Joe Simpson was the President of ERHWSC from 1978-2013 and was my predecessor and mentor at ERHWSC for 14 years. He taught me that the people we serve are the most important thing. When you think of the future of the water industry, how do you feel? Are you concerned? No, except for the regulatory bureaucracy, I am optimistic. There will always be a signif cant demand for quality potable water. As the commodity becomes scarcer, engineering will continue to develop technology for new sources from what was 16

Quench — March/April 2015

previously considered waste. Look at where we are with brackish desalination. What advice do you have for your peers in the industry? Look toward your future needs and take actions to meet those needs today. Water is worth more than what most people think they want to pay for it. Maintain active communication with your surrounding rural water systems, municipalities, funding partners and legislators to keep rural water’s voice alive and strong. Be a leader and make a positive difference in the world. What’s next for you? What are you currently looking forward to? Professionally, I will continue the development of new capital improvement projects to keep up with future needs. Personally, my oldest, Justin, will start college next year and Alec two years after that. Focusing on enjoying the moments we have with them at home now is my most pressing objective. Seeing my children eventually become successful and soar on their own is what I look forward to the most. Someday I will look forward to grand kids and eventually retirement. At work, I look forward to creating a more f ne-tuned operation in all aspects. Is there anything else you want people to know about you? I’m a devout Christian and pray and work toward everyone else being one. I’m not crazy about social networking so don’t ask me to “like” you. I like to read a quality newspaper. I love serving my community in many ways, such as acting as the local 4-H club manager, the Harlingen Beef Club President, the Harlingen Industrial Foundation, Inc. Chairman, Boys Scouts of America Assistant Scoutmaster and hold Church leadership positions. I enjoy dancing to country and western music. I also like to sit on my front porch in my rocking chair and drink a cold one on Friday evening while looking at rural Texas.

Keep It Legal

Answers to Members’ Questions by Lara Zent, TRWA General Counsel and Deputy Executive Director Our bookkeeper recently discovered an error in how we have been deducting the employee amount of our retirement plan. We have corrected this issue in our accounting software, but our board needs to discuss how we rectify the last six months of this error. This is a sensitive topic for our employees and manager, so we want to hold this discussion in executive session since it involves personnel. Can we cite to Section 551.074 of the Open Meetings Act on our agenda?

debit cards. Would you please explain the law on this issue?

A: No. This issue cannot be discussed in closed session because it involves all employees. The Open Meetings Act personnel exception you cite is only to discuss an issue involving one specif c employee.

I recently learned that Finance Code Section 59.402 contains the same type of prohibition for sellers (WSCs and IOUs) against charging a customer a surcharge to use a debit card.

Section 551.074 authorizes discussions about an individual employee or board member of the governmental body to be held in executive session “to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of” an individual board member or employee; or “to hear a complaint or charge against” a board member or employee. The Attorney General has held that deliberations about a class of employees must be held in open session. The example they give is when the board discusses salary scales without referring to a specif c employee. Therefore, an accounting error that affects all employees must be discussed in the regular open meeting, not in executive session. Q: We are confused about what fees we can charge for water bills paid by credit cards and

A: Finance Code Section 339.001 prohibits a seller from imposing a surcharge on a buyer for using a credit card to pay for goods or services. This includes water supply corporations (WSCs) and investor-owned utilities (IOUs) for customers who pay their water bills by credit cards. These systems must absorb the merchant fees that card companies charge and build this cost into their rates as a regular cost of doing business.

Legislation passed in the 2013 session strengthened enforcement of the credit card surcharge prohibition. The Off ce of Consumer Credit Commission now has specif c authority under 7 Texas Administrative Code Section 4.103-4.106 to receive and process complaints from consumers who believe they are wrongly charged a fee for using a credit card. If the commission f nds that a seller violated the provision, the seller may be required to pay restitution to the consumer. In the current legislative session, Senator Charles Schwertner f led a bill (Senate Bill 641) that would strengthen the debit card surcharge prohibition in Chapter 59 of the Finance Code. If this bill passes, it would create a civil penalty not to exceed Continued on page 18

Quench — March/April 2015

Continued from page 17

$1,000 against a seller who charges a consumer a surcharge for payment with a debit card. The answer to your question is different for districts and cities. These provisions of the Finance Code exempt districts, cities and other governmental entities from the prohibition against charging a surcharge for the use of credit and debit cards. Section 49.2121 of the Water Code provides districts with specif c authority to charge a reasonable fee to process a credit card. There is a similar provision in the Local Government Code that applies to cities. These sections do not provide specif c authority for districts and cities to charge a fee for the use of a debit card though.

reasonably incurred in providing the…service”; and “only if the governing body of the county or municipality determines that providing access to…the service through the Internet would not be feasible without the imposition of the charge.” I have advised that our members may charge this type of fee as long as it is consistently applied for any form of payment used, but I am concerned that there is not specif c statutory authority to do so. If you have a legal question you would like answered, please e-mail legal@trwa.org.

I have also received questions about whether systems may charge a fee to process online bill payments. I am not aware of a prohibition against charging this type of fee, but I am also not aware of any specif c authority to do so, other than for cities and counties that have this authority. Section 132.007 of the Local Government Code provides that a county or city may charge a reasonable fee for collecting payments through the Internet “if the fee is designed to recover the costs directly and

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The Importance of Forests to Water Resources— Water Supply By Hughes Simpson, Water Resources Manager, Texas A&M Forest Service orests play an integral role in maintaining a continuous supply of clean drinking water for millions of people. While it may be surprising, this fundamental service has actually been recognized and well understood for many years. In 1903, Gifford Pinchot, the f rst Chief of the USDA Forest Service (USDAFS), wrote in a small Primer of Forestry “A forest, large or small, may render its service in many ways. It may reach its highest usefulness by standing as a safeguard against f oods…moving sands, or especially against the dearth of water in streams.”

Forests are very effective at capturing, storing, and steadily releasing water over time. Tree canopies intercept precipitation, controlling the amount that reaches the ground during intense rain events. Forest soils function like a sponge, absorbing large amounts of water that reach the ground through a process called inf ltration. As a result, the amount of surface runoff from forested watersheds is relatively low. Water that is absorbed into the soil either f lters down into underground aquifers, or is slowly released over time into nearby creeks, streams and rivers. The cumulative effects of these functions result in much more stable and consistent f ows from forested watersheds. With increasing population growth and ever increasing demands on the state’s water supplies, particularly drinking water supplies for urban areas, greater pressure is exerted on forested watersheds. Increased urbanization stemming from population growth will likely lead to signif cant changes in land use, resulting in impacts to water quality and supply. As the population expands, urban areas will grow and begin to encroach on forests in the Wildland Urban Interface — a place where subdivisions, businesses and transportation networks meet the surrounding forests and f elds. The Southern Forest Futures Project, conducted by the USDAFS, forecasts that up to 22 million acres of forestland (almost the size of Indiana) throughout the South will be lost to development and urban sprawl over the next 50 years. In the absence of mitigating actions, this conversion of forest lands can have substantial impacts on water supply.

The Davy Crockett National Forest at Ratcliff Lake. Photo courtesy of Texas A&M Forest Service

Urbanization results in increases in impervious areas (buildings and associated roads, sidewalks, parking lots, driveways and rooftops). Development that removes forest vegetation converts permeable forest soils to impermeable surfaces, grades and compacts the land surface, and constructs drainage networks, which reduces the amount of water that inf ltrates into the soil and greatly increases storm water runoff and peak f ows (the maximum channel f ow, or stage, reached during rain events). This results in a f ashier hydrology for urban streams. Large volumes of runoff f owing quickly into nearby streams and rivers also increase the chance that f ows will exceed local channel capacities and cause more frequent and intense f ooding. While there are short term increases in streamf ow, there is a reduction in the amount of water available for eventual utilization as potable water. Research has shown that when impervious surface cover reaches approximately 20 percent of a watershed, stream quality begins to severely degrade and results in excessive deterioration of bank stability, water quality and habitat availability. Some reports have noted signif cant impacts to water quality resulting from impervious surface levels as low as 5 percent or less. These studies demonstrate that care should be taken from the f rst stages of development to minimize impacts on water resources and the need for costly restoration projects. Continued on page 20 Quench — March/April 2015

Continued from page 19

Decreases in the amount of water that inf ltrates into the soil as a result of urbanization can also reduce the recharge of groundwater aquifers and lower local water tables, resulting in propertydamaging sinkholes in some areas. Water that runs off the landscape as surface f ow, particularly if it is channeled through storm drains, never has a chance to recharge groundwater. This, too, is problematic, as a large amount of drinking water is provided from groundwater resources. Depleted or otherwise degraded groundwater aquifers necessitates increased reservoir development, resulting in signif cant expense and further loss of land resources. Reduced groundwater recharge can also have a substantial impact on the hydrology of local streams. Basef ows (f ow contributed by groundwater throughout the year) can be reduced and become so low that formerly perennial streams become intermittent during periods of dry weather and can no longer provide the f ows necessary to sustain healthy habitat conditions for f sh and other aquatic species. Some researchers have found that for every 1 percent increase in impervious surface cover, basef ow is reduced by 2 percent. Forest conversion, regardless of the type of new land use, results in substantial changes in

Quench â&#x20AC;&#x201D; March/April 2015

watershed function. The complex interactions among natural hydrologic and ecological processes, land use, and water management underscore the need for conservation and integrated management of forestlands within the state. Partnerships between water managers and forest owners will be essential to meeting the future water needs of Texas. This is the second article in a four-part series on forests and watershed management, and their importance to drinking water supply. If you have any questions about this article, you may contact Hughes Simpson at the Texas A&M Forest Service, Division of Forest Resource Development and Sustainable Forestry, at hsimpson@tfs.tamu.edu.

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Parker County Special Utility District Celebrates Infrastructure Improvements arker County SUD celebrated the opening of a new water treatment plant with a ribbon cutting ceremony on January 15, 2015. The new plant, located at 1200 Tidwell Rd., was a $5 million project funded by a loan granted by the Texas Water Development Board.

“With the amount of growth we were experiencing, we knew that we really needed to secure another source of water,” said Derred Dickson, manager of the SUD. “So we started in 2009 with a pilot study conducted to determine what treatment technique was needed and what worked best.”

Parker County SUD Board and staff gather together to celebrate the completion of their new water treatment plant.

The contract was awarded in 2012, and construction of the plant was completed in October of last year. The plant uses micro-f ltration and reverse osmosis to treat water out of the Brazos River, and produces one million gallons of water per day.

also currently working with the Parker County Commissioner’s Court to sponsor them so they can get a grant from the Texas Department of Agriculture to make additional infrastructure improvements. The goal is to retrof t the system and enable them to stop using water from the City of Mineral Wells, giving the city more capacity during the drought.

In addition to this project, they also completed 15 miles of upgrades throughout their system in 2011. That project was just under $2 million and a little over $900,000 of it was from a grant award by USDA – Rural Development. The system is

“As a resident that was raised in the area, I would like thank the board for all their time and effort that they put into this company on a daily basis. There is more that goes into getting water to their tap than most people think about,” said Dickson. Present at the ribbon cutting ceremony was the current Parker County SUD Board and staff, retired Vice President Bob Elder and his wife Joyce, and Parker County Precinct 3 Commissioner Larry Walden, along with other community members. The event included a tour of the new plant, given by Dickson. Does your system do something that stands out? E-mail editor@trwa.org or call 512-472-8591 and tell us your story! You could see your system highlighted in the next issue of our magazine!

General Manager Derred Dickson gives a tour of the new plant to community members. 22

Quench — March/April 2015

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TRWA Briefs Twin Creek WSC Receives Superior Water Designation Twin Creek WSC is pleased to announce they have been designated by the Texas Commission of Environmental Quality (TCEQ) as a “Superior Public Water System.” To receive this designation, a public water system has to meet many rigid requirements, including water quality, treatment, pumping and storage capacity. “Thank you to our General Manager Mike Redmon, Off ce Manager Marie Kellum, Plan Operator I Howard Hooks, Plant Operator II Bobby Hanhart and Sally Merryman for her part-time administrative help. This accomplishment is attributed to your professionalism and hard work,” said the Twin Creek WSC Board of Directors.

Water University launched the UMC Program to create a national certif cation standard for water and wastewater utility managers. A manager who attains certif cation through the program will have demonstrated competency in three core areas on which the EPA gauges a system’s ability to provide compliant service—f nancial, managerial and technical sustainability. Operators and other utility personnel interested in utility management also benef t from this program. With topics ranging from rate setting and human resource management to permits and emergency preparedness, the UMC program offers students the opportunity to enhance their knowledge, effectiveness and professionalism. If you are interested in learning more about this certif cation, please visit www.trwa.org or www.wateruniversity.org.

TRWF Welcomes New VISTAs

TRWA District 10 Director Kent Watson and Twin Creek WSC General Manager Mike Redmon pose with the system’s superior status sign. Redmon holds his plaque commemorating his new Utility Management Certification.

Twin Creek WSC General Manager Participates in UMC Program Join us in congratulating Mike Redmon, General Manager for Twin Creek WSC, the newest member employee to join the ranks of the elite few who hold a Utility Management Certif cation (UMC) in Texas. This certif cation requires hours of training, preparation and the passing of a lengthy exam. Mike is one of only 35 professionals to achieve this esteemed level in Texas. In 2010, National Rural Water Association and 24

Quench — March/April 2015

Adrienne (left) and Khristian (right) began their year of VISTA service to the Texas Rural Water Foundation in February.

The Texas Rural Water Foundation has entered its third year in a three-year grant with AmeriCorps Volunteers in Service to America (VISTA). Starting their year of service on February 23, 2015, TRWF welcomes two new VISTAs to the team! Khristian Kesterson will serve as the new Veteran Employment Specialist with the Veteran Employment Program He was born in Houston, Texas, and holds a bachelor’s degree from the University of Texas at Austin where he majored in sociology and minored in philosophy. During his year at the Texas Rural Water Foundation, Khristian plans to enrich rural water systems with an excellent workforce by placing veterans in operator,

managerial and administrative positions. Khristian also hopes to help identify the diff culties facing workers, specif cally veterans, in rural water systems and investigate ways to ameliorate them. New to the Course Development Team is Adrienne Emmerich, who will spend her term as a Course Development Specialist, helping to update and create new course material for TRWA’s training department in order to help build capacity among staff at rural systems across Texas. Adrienne grew up in Winchester, Massachusetts and attended Washington University in St. Louis, Missouri, where she studied earth science and archaeology. Her interests include land and natural resource use and cultural interactions with land, and she is hoping to someday attend graduate school in landscape architecture or urban design. We are excited about how these new VISTAs will help TRWF to grow and prosper over the next year. If you have any questions about how you can take part in the Foundation’s programs, please visit www. texasrwf.org or e-mail Foundation@texasrwf.org.

Shirley WSC Celebrates 50 Years

The Birchfield family poses for a picture at Shirley WSC’s 50th anniversary. James and Howard Birchfield were recognized for their terms of service at the event.

TRWA Goes to Washington

TRWA Board Members meet with chairman of the House Committee on Agriculture, Rep. Mike Conaway, during the NRWA Rural Water Rally in Washington, D.C.

The National Rural Water Association (NRWA) held its annual Rural Water Rally in Washington, D.C. from February 9-11, 2015. Several members of TRWA’s Board, staff, and membership attended the rally, which focused on issues such as infrastructure improvements, funding for core areas, and legislative and regulatory changes that affect rural America. The rally opened with a ceremony that included speeches from NRWA President Charles Hilton, Congressman Robert Aderholt, and USDA Undersecretary of Rural Development Lisa Mensah. Hilton, who hails from South Carolina, began the rally by reminding the crowd about the power of association. As the nation grows, it has become a challenge for elected off cials to maintain the close relationships they have with their constituents. Joining their voices in an association affords rural Americans a way to ensure their views are still heard and their needs still represented. He also reminded Continued on page 26

Shirley Water Supply Corporation celebrated their 50th Anniversary at their Annual Meeting, held Saturday, January 31, 2015. At the meeting, the Shirley WSC Board of Directors gave a presentation, and those in attendance celebrated with refreshments and a commemorative cake. During the event, the Board recognized James Birchf eld, who has been with they system since the beginning, for his 50 years of service. They also recognized Howard Birchf eld for his 35 years of service. Quench — March/April 2015

Continued from page 25

the crowd of water professionals, that their work is the primary strength of the association. “The National Rural Water Association is just a name without you,” Hilton said to the audience. “Your grassroots efforts and work in the f eld are what gives that name power.” After the opening session, TRWA representatives visited the off ces of the congressional districts from Texas, including the off ce of Rep. Mike Conaway (R-TX11), the Chairman of the House Committee on Agriculture. TRWA advocated for funding for the services that we provide to waster and wastewater systems statewide, encouraging our elected off cials to join us in the f ght to Keep Texas Rural!

Save the Date for TRWA’s Office Professionals Conference Join TRWA and your colleagues for the 2015 TRWA Off ce Professionals Conference on June 4-5 at the Hyatt Regency on the San Antonio Riverwalk. The Off ce Professionals Conference has been specially tailored to provide training in areas that will directly benef t water and wastewater utility off ce staff. Sessions will include discussions on: • Billing and Accounting Software • Easements & Right-of-Way Permits • How to Prepare for an Inspection • Human Resources 101 • Off ce Communications • Rate Structures • Regulatory Compliance • Working with the Public Utility Commission and the Off ce of Public Utility Counsel (OPUC)

• Q&A Session with Panel of TRWA Staff Topics were sourced directly from prior attendees, so we are conf dent our sessions will bring you the relevant and timely information you need to get the job done. In addition, the conference location in San Antonio is a great opportunity to turn the trip into a vacation. Your family can enjoy local attractions including Six Flags Fiesta Texas, SeaWorld San Antonio, Splashtown and the San Antonio Zoo! Registration will be live online at www.trwa.org by mid-March. Keep an eye out in the mail for our brochure, and be sure to register by May 13, 2015 to reserve your place and save on registration. If you have any questions, please call Teresa McAnally, Member Services Director, at (512) 4728591 or e-mail her at meetings@trwa.org.

TRWF Announces Winners of PH2OSTREAM Contest Texas Rural Water Foundation is thrilled to announce winners for its PH2OSTREAM photography contest! The following winners have been selected for each of our four categories: Category

Name

Photo Title

Rural Texas Water

*Alison M. Jones

*Fork of the Red River Running through Palo Duro Canyon

Water Infrastructure

James Hundley

Whitney Dam at Night

Water Now & Then

Alison M. Jones

Old Water Tower East of Kingsville

Water Conservation & Drought

Alison M. Jones

Rita Blanca National Grassland During 2012

*Grand Prize Winner (highest scoring entry): Featured on the cover of this issue!

Each category winner will receive a cash prize and the grand prize winner will also receive a matted and framed print of their photo. We thank all who entered photos. Your images of Texas water and water infrastructure greatly benef t the Foundation and rural Texas by providing high-quality images for use in educational documents, informational handouts and other Foundation and Association materials. Look for articles featuring each of our winners in an upcoming issue of Quench!

Quench — March/April 2015

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Consolidated Water Supply Corporation Consolidated WSC is accepting applications for full-time individuals for assistant manager. Applicant must be highly motivated with 5-10 years supervisor/management experience in water supply industry with a Class C Groundwater operator’s license. Must have high school diploma or GED, Texas CDL license. Applicants will be subject to preemployment background check and drug screening. Salary based on experience. To Apply: Resumes can be sent to Consolidated WSC, 401 NE Loop 304, Crockett, TX 75835.

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OPERATOR TRAINING COURSES: Water Credit Courses

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1616 Rio Grande| Austin, TX 78701-1122 Telephone: (512) 472-8591 | Fax: (512) 472-5186 www.trwa.org