Sept/Oct 2017 Quench by Texas Rural Water Association

TRWA Recognized Nationally for Outstanding Achievement in Training

Also Inside:

How to Create and Execute a Strong Communications Plan Now is the Time to Invest in Your Water Infrastructure September / October 2017 www.trwa.org

TRWA Today

TRWA Board of Directors

Leadership Team

Lara Zent Executive Director and General Counsel Officers Lisa Adams Foundation Development Director Pat Allen President Larry Bell Technical Assistance Director Guadalupe (Dist. 9) Celia Eaves Professional Development and Training Director Brian Macmanus Vice President Janice Gibbs, CPA Finance Director Cameron (Dist. 6) Allison Kaminsky Communications and Information Chris Boyd Secretary Technology Director Denton (Dist. 3) Jason Knobloch Environmental Services Director Angela Russell, CMP Member Services Director Barry Miller Treasurer Erin Selvera Legal and Legislative Services Gonzales (Dist. 5) Director Clay Hodges Immediate Past President Office Staff Hunt (Dist. 7) Melody Bennett Project Support Specialist District Directors Pam Cantrell Accounting Support Specialist Finley Barnett Taylor (Dist. 1) Kelsey Copeland Communications Assistant Jenna Genson Course Development Specialist Bruce Alexander Medina (Dist. 2) Patti Flunker Executive/Legal Assistant Delores Atkinson Lampasas (Dist. 4) Angela Harris Project Support Specialist Deborah McMullan Assistant Projects Manager, Charles Beseda Hill (Dist. 8) Environmental Services Ariane Walker Training Support Specialist Kent Watson Brazos (Dist. 10) Amanda Wilson Administrative Assistant Kevin Spence Franklin (Dist. 11) Vickie Armstrong 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 investor-owned utilities. In addition, more than 200 water industry suppliers participate in TRWA activities as associate members. TRWA members provide water and wastewater service to 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 onsite technical assistance, education and information exchange, TRWA helps its members better meet their needs as well as the needs of their customers. 2

Quench â&#x20AC;&#x201D; September / October 2017

Field Staff

Thomas Acker, Jr. Instructor Michael Beadnell Instructor Nathan Cantrell Wastewater Technician Alex Eaves Wastewater Technician Paul King Circuit Rider Steven Mindt FMT Specialist Charles Perkins Circuit Rider Bruce Pearson Instructor Refugio Rodriguez FMT Specialist Anne Ruthstrom Source Water Protection Specialist James Smith Circuit Rider Quentin Turner FMT Specialist William White Assistant Technical Assistance Director

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!

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In Every Issue: Letter from the President Letter from the Executive Director

Ask Larry

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Keep it Legal

Classified Ads

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Answers to your technical questions Answers to your legal questions

Advertiser Index Plan Ahead

TRWA’s Calendar of Events

On the Cover: TRWA Accepts Award for Outstanding Achivement in Training at NRWA WaterPro Conference.

Features: TRWA Recognized Nationally for Outstanding Achievement in Training

By Allison Kaminsky, Texas Rural Water Association National Rural Water Association recognized TRWA for their efforts during their annual conference in Reno.

How to Create and Execute a Strong Communications Plan

By Eric Whittington, The Whittington Group Learn about how to prepare a thoughtfully planned and carefully executed communication program.

Provides Emergency Assistance to Systems 12 TRWA Impacted by Hurricane Harvey

By Allison Kaminsky, Texas Rural Water Association Read about TRWA's Rural Water Emergency Assistance Cooperative's response to Hurricane Harvey.

Senate Bill 6 Gives Select Residents and Landowners Authority to Vote on Annexation

By Erin Selvera, Texas Rural Water Association This bill passed by the legislature during the 85th Special Session affects residents and landowners in 12 Texas counties.

Now is the Time to Invest in Your Water Infrastructure

By Kathleen Jackson, Texas Water Development Board Whether you’re just starting to think about a potential water project or all your plans are in place, here are five reasons why you should invest now.

Salvage Your Scrap in November for America Recycles Day

By Mitchell Pickett, Texas Rural Water Foundation Support TRWF this fall by cleaning up your system and donating to our programs!

Conducting a Sourcewater Protection Plan for the City of Sweetwater By Anne Ruthstrom, Texas Rural Water Association The City of Sweetwater makes a plan to protect their water sources.

Nomination Window Now Open for TRWA's Annual Awards of Excellence By Kelsey Copeland, Texas Rural Water Association Now accepting nominations for TRWA's annual awards—don't miss this opportunity to recognize your system, your collegauges or yourself!

TRWA Briefs

Luella SUD Celebrates 50th Anniversary; Meet Our Two Newest Certified Utility Managers; 2018 Mandatory Eminent Domain Filing Report; District 12 Holds Annual Meeting. Quench — September / October 2017 3

President’s Message

Greetings Friends and Neighbors, The Eyes of Texas are always upon us, and recently, the Nation’s Eyes were upon Texas. My message to you, in this issue of the Quench, is one that is heartfelt, gleaming with pride and full of compassion for the people of Texas. To the emergency personnel and first responders from all agencies, to the countless numbers of volunteers that put their own lives and needs on hold to come to the aid of their fellow Texans, I salute you!

“To the emergency personnel and first responders from all agencies, to the countless numbers of volunteers...I salute you.”

Hurricane Harvey’s severe blow to Texas cities and rural communities will remain in our memories for a long time. So many lost everything and the effect of that loss runs deep. Utilities of all types were damaged or destroyed and in some areas have to be completely rebuilt. Then there are those that have to begin again from the ground up, just as many families are doing. It was gratifying to hear news reporters during live media coverage reporting on the outpouring of volunteers. Many of these were neighbors helping neighbors, others were complete strangers showing up to help those affected by the storm. Then came volunteers from other states to aid with the humanitarian efforts, and we thank them for their help. In media reports, when a volunteer was asked why they were there helping, many times the reply was, “this is what we do; we help each other.” I have to agree, this is what we do; we help each other. It makes me think of the first few words of the preamble to the United States Constitution, “We, the people, of the United States”… The people of Texas came together and the people of our United States were there with us in many ways and are still there today. We the people can accomplish many things together. I hope my message sets easy on your minds and helps you reflect for a moment on our blessings and how fortunate we are to live in such a great state and country. I send prayers of hope, healing and strength to all of you. I hope to see you soon. It’s a great day to be a Texan!

Pat Allen President Texas Rural Water Association

Quench — September / October 2017

Letter from the Executive Director

I have been very moved by the outpouring of support from our rural water community — both in Texas and nationwide —in the aftermath of Hurricane Harvey. After the Hurricane hit Texas and the water began receding, our TRWA staff team of first responders mobilized to assist small systems, first in the Corpus Christi area and then in the Houston area. We also immediately started receiving calls and emails from rural systems in unaffected areas offering to send staff and equipment to help. Other systems wanted to contribute to TRWA’s Disaster Relief Fund or directly to systems in need. In addition, we received calls and emails from other rural water associations offering to send personnel and equipment to help systems in Texas.

“Thank you for everything you do for your local community and for our rural water community.”

NRWA, USDA–RD and CoBank also asked how they could assist, including providing emergency loans. I communicated to lenders that systems may need to work out alternate debt payment arrangements with impacted systems because of revenue shortfalls due to the delay in displaced customers returning to their damaged homes. If systems need to make alternative payment arrangements, they should contact their lenders immediately. At the National Rural Water Association WaterPro Conference in Reno on September 18-21, several vendors also asked how they could help, and we will be working to match offered resources with systems in need. Please read more about our emergency response efforts on page 12 of this issue. As I’m thinking about our rural water community, I’m excited to share with you that several of our emerging leaders in this inaugural year of TRWA’s Emerging Leaders Program, are planning local district or manager meetings in TRWA districts that have not typically held these events. Systems in districts that have regular meetings have benefitted by getting to know their rural water neighbors, sharing ideas, helping each other out, etc. If you receive an invitation to one of these events, I hope you will attend. I also hope that these local meetings will become a new tradition in your area that will strengthen those community ties. I look forward to seeing many of you at our Fall Conferences! Thank you for everything you do for your local community and for our rural water community! My best,

Lara Zent Executive Director and General Counsel Texas Rural Water Association

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ne of the numerous benefits of a membership with the Texas Rural Water Association you hold in your very hands — our bimonthly magazine, Quench. Year by year, our magazine has become more and more popular, thanks to you, our loyal readers! To ensure the continued success of Quench, we have decided to implement a new subscription process for 2017. This will help us speak to the increased demand and associated production costs by ensuring an accurate and manageable distribution list. Your membership with TRWA will continue to include complimentary subscriptions to Quench: •

Regular Utility Members — Up to five (5) complimentary subscriptions

•

Associate Members — One (1)

•

Use our online form: TRWA's website now 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.

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Download a form: You may also download the form from our website, fill it out and send it to editor@trwa.org, or fax it to (512) 472-5186.

We will issue your system’s complimentary copies of Quench to the main mailing address for your utility, beginning with our January/February issue, until any updates are received. If you have any questions or if this new subscription process creates a financial hardship for your system, please contact us at editor@trwa.org or call (512) 472-8591.

Quench — September / October 2017

TRWA Recognized Nationally for Outstanding Achievement in Training By Allison Kaminsky, Communications and IT Director, Texas Rural Water Association

he Texas Rural Water Association was recognized for Outstanding Achievement in Training at the National Rural Water Association (NRWA) annual WaterPro Conference in September. Every year, NRWA recognizes the outstanding contributions of the member state affiliates during their annual Tribute to Excellence ceremony, held September 18 in Reno, Nevada. Awards are given out in six categories: Training, Communications/ Publications/Public Relations, Legislative Initiatives, Member Services, Technical Assistance and State Association of the Year. TRWA was recognized as State Association of the Year in 2016. “Texas is highly regarded when it comes to training. They offer classroom courses, online courses, regional workshops and conferences throughout the year. Last year, they trained over 6,700 individuals,” said Ed Savage, chair of the NRWA Awards Committee. “They have 26 classroom courses and six online courses that are approved for operator certification credit; and they developed 12 additional online courses that are offered in 21 other states. Online courses have totaled over 2,200 in 2016. Each year their instructors conduct over 100 classes at 30 locations that reach nearly 1,600 students, as well as a training contract with one of the top 10 largest municipal utilities in the nation.” Our efforts to update, improve and expand upon our current course offerings were also recognized in the nomination. An example of this was our new test prep class to assist operators with passing the entry level operator licensing exam, and our goals to develop test prep classes for every license level to increase the number of licensed operators in our state. In addition to our classroom and online training repertoire, the nomination also highlighted our six annual conferences, each targeted to a specific group of water industry personnel, including office professionals, technical staff and utility managers. Our partnerships with USDA–RD to host our annual Engineering Conference and with Texas Water Conservation Association to host the Water Law Seminar every other year was also recognized.

TRWA Board President Pat Allen accepted the award on behalf of the Association. Also present was TRWA Executive Director Lara Zent, Member Services Director Angela Russell and many of the Association’s onsite assistance staff, as well as TRWA Vice-President Brian Macmanus, Board Secretary Chris Boyd, Immediate Past President Clay Hodges, and Board Directors Vickie Armstrong and Kent Watson. “Being recognized on the national level for our association’s efforts and achievements in training is quite an honor,” said Zent. “Expanding and further developing our training offerings is one of our strategic goals, and we have been working diligently to ensure we are offering the best programs out there for water utility professionals. We have much to be proud of.” Nominations are submitted in essay form and are screened for anonymity before being passed on to the awards committee. Any information that could indicate which state is being nominated is removed from the submission before being reviewed and scored. Other award recipients included the Rural Water Association of Utah for Outstanding Achievement in Communications, Publications and Public Relations; the Idaho Rural Water Association for Outstanding Achievement in Legislative Initiatives; Alabama Rural Water Association for Outstanding Achievement in Technical Excellence; Kentucky Rural Water Association for Outstanding Achievement in Member Services; and South Dakota for State Association of the Year. Quench — September / October 2017 7

How to Create and Execute a Strong Communications Plan By Eric Whittington, President, The Whittington Group

RWA members have a wealth of training and education available to them covering everything from basic water works operations to utility management, wastewater treatment, groundwater production, customer service inspections and many other useful and relevant topics. But what about communications? How often do utility professionals find themselves scratching their head and wondering why a customer, regulator or fellow employee doesn’t seem to “get the message?” Realistically, communication planning is never going to be the number one priority for any water or wastewater utility. Providing reliable and safe service to end users rightfully owns that top spot and always will. That doesn’t mean communication isn’t important. Clear, transparent communication certainly is a big part of any utility’s ability to carry out its mission every day. Employees need it so they know how to do their jobs. Customers need it so they understand what the utility does and how it works. Regulators need it to help the organization comply with relevant rules and regulations. The list goes on. Without effective communication, any public utility will have a hard time functioning. The reality is that you’re already communicating a lot. What you say and what you do convey a wealth of information. Your customers and employees are communicating already, too, through their questions, complaints and comments. Much of this happens whether you plan it or not. A well-thought-out plan for communication could make a huge difference, though. Think of it like finishing a piece of furniture. Sure, you could grab any old can of varnish, slap it on and be done with it. Better than nothing. Or you could take the time to research the best kinds of finishes for the particular type and condition of the wood. You could meticulously prepare the surface by stripping and sanding. You could carefully remove all the old hardware, buy just the right brushes and make sure your work area is as dustfree as possible. All that prep work takes time but the

Quench — September / October 2017

finished piece of furniture is sure to look far better. The same is true in communication. A thoughtfully planned and carefully executed communication program will produce better results than unplanned, unfocused, random communications every single time. Audiences A good place to start is to identify your audiences. In other words, with whom do you need to communicate? That list might look something like this: •

Customers (likely with several sub-categories)

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Elected officials and local governments

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Regulators (local, state, federal)

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Employees

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A board of directors

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Vendors

There might be more audiences than these, of course. The point is to put some thought into who needs to hear from you. And who needs you to hear them. Remember always that communication isn’t one way. You want your messages to be heard and understood, but you also want to make sure you’re listening well because paying attention to other voices and taking them seriously could provide you with extremely useful feedback and ideas. Tools Next, think about the communications tools available to you. Today’s technology-driven world gives us a dizzying array of options, including: • • • • • • • • •

Email E-newsletters Social media such as Twitter, Facebook and Instagram Blogs Print magazines or newsletters News media coverage Paid advertising Church bulletins Local events (football games, fairs, festivals, or anywhere else local crowds gather

• • •

Business and fraternal meetings (chambers of commerce, VFW, Rotary, Lions, Elks, etc.) Employees – probably the most important communications channel between the organization and the community Citizen advisory panels or focus groups

Creating a Plan So, once you know who you’re trying to communicate with and which communications tools are available to you, how do you get started creating a communications plan? The short answer is that it’s a matter of prioritizing. If you have no structured communications program in place today, try taking a small, manageable step first, such as starting a Facebook account or having a booth at a few local community events in the coming year. You’ll learn so much from such a simple step that you’ll feel more confident taking the next step – maybe an employee newsletter or a recurring blog post from the organization’s president. Even if you start small, you need to begin with a clear set of objectives. At the highest, strategic level, you need to determine: •

What do you want your communications program to accomplish?

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How will you measure your attainment of the program’s goals?

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What is the focus for each audience with whom you are communicating?

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Who will manage your communications program? Someone already on staff or a new hire?

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How will you budget for a communications program and what sorts of costs will it entail?

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Once you arrive at some answers to these questions, you’re ready to start drilling down to something more specific. Let’s walk through a very simple, hypothetical example to illustrate how it might work.

Say you determine the following for your communications program: STRATEGY: To encourage water conservation in the community GOAL: 5 percent reduction in water use within one year AUDIENCES: Residential, commercial and institutional water customers

COMMUNICATIONS LEAD: Outside communications agency reporting to CEO BUDGET: $50,000 in professional fees and $50,000 for production (potentially to be used for printing, video production, website, photos, etc.) Now you (or your designated program leader) needs to: ● Establish messaging for each audience. While the overall message of conservation is consistent, it will probably be presented a bit differently to each audience. The residential customer message might focus on installing low-flow shower heads or xeriscaping, while the big commercial user message might be about having a free inspection for leaks and recycling water, for example. ● Determine which tools to use. These may range from very inexpensive to items that cost thousands of dollars. For example, Twitter and Facebook accounts can be used to reach only residential users or all customer segments. They can be virtually free (except for the staff or vendor time required to manage them) or could include a paid component to more strategically target specific segments of users. Local media outlets such as hometown newspapers or radio stations might also be included in the mix. The plan could include both paid advertising and earned coverage, which costs the time it takes to develop and implement a public relations effort but usually not much else. Marketing collateral materials such as brochures and promotional items like t-shirts could be included. A separate website, or a new addition to an existing site, could also be created. An e-newsletter — or various e-newsletters tailored to distinct audiences — using a simple platform like Constant Contact could be useful. The point is that a practically infinite array of tools and channels for reaching and influencing your audiences exists. Your communications lead will figure out which ones make the most sense. ● Create content. Content is king. No matter which communications channels you decide to use, they’re useless unless you have compelling information to convey. Again, existing staff might be able to produce the content you need — writing, images, design, etc. — or you might need to use outside help. If you have staff members with strong communications and writing skills, they can be a costContinued on page 10 Quench — September / October 2017 9

Continued from page 9

effective solution to the challenge of producing great content for your communications program. However, if you want to step up to a higher professional standard of quality, look for an agency with a proven track record of providing communications, public relations and marketing services. It might prove to be less costly to use an outside agency than to take on the expense of hiring additional permanent staff. ● Measure results. Each communications program and each organization is unique, and so are the metrics that measure their effectiveness. But it’s reasonable to establish some metrics, and ongoing accountability provides a framework for continuous improvement.

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Attendance at town hall meetings, community events, seminars, etc.

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Quarterly survey data on any audience such as employees or customers

The proverbial advice, “You have to start somewhere,” is as true for communications strategy as it is for anything else. You don’t have to create a program worthy of a Fortune 500 corporation overnight. But big things start with small steps, and there’s no better time to begin than right now. Eric Whittington is president of The Whittington Group, an award-winning business communications agency based in San Antonio that serves corporate and institutional clients in a wide-range of industries.

The list of measurable results you might want to achieve is as diverse as the potential audiences and communications channels on which you will focus. To name just a few possibilities: •

Social media engagement data such as followers, shares and views.

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News media metrics such as viewers or circulation

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TRWA Provides Emergency Assistance to Systems Impacted by Hurricane Harvey By Allison Kaminsky, Communications and IT Director, Texas Rural Water Association

n Thursday, August 24, TRWA activated its Rural Water Emergency Assistance Cooperative (RWEAC) in anticipation of Hurricane Harvey making landfall on the Texas gulf coast.

RWEAC is TRWA’s emergency assistance program created to help small and rural water/ wastewater systems in Texas in the event of a natural or manmade disaster or other emergency situations. RWEAC is available to help bridge the gap when personnel, equipment and other materials are needed to help protect the health and welfare of Texas communities and customers. Governor Abbott initially identified 30 counties to be in a state of disaster. Our emergency response team reached out to all TRWA member utilities in those counties—totaling 73 systems— to provide information about RWEAC and to anticipate needs as the storm approached. We also reached out to our larger RWEAC and TRWA member network to let them know we were mobilizing and to find out who was available to help and in what way. Harvey made landfall as a Category 4 Hurricane with winds of 130 mph near Rockport, Texas late Friday night. Over the next several days, Harvey moved very slowly, dropping 40-52 inches of rainfall in southeast Texas, causing catastrophic flooding. Our RWEAC first responder team, consisting of seven TRWA staff members, began traveling to our first staging site at Nueces County WCID #3 on Monday, August 28, and spent their first several days in the Corpus Christi area visiting systems, making assessments and providing assistance. They then headed up the coast to our next staging site at Quail Creek SUD in Victoria to continue response efforts in the area, as well as to the north and east of Houston. “Through the efforts of many people, we were able to get situated close enough that we could begin our onsite initial assessments and start coordinating efforts,” said Jason Knobloch, TRWA Environmental Services Director, who acted as the initial incident commander and disaster area manager. “Thankfully, due to lessons learned and proper preparation, the first few days consisted more of calls from people and systems wanting to help than from systems 12

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Flooding proved to be a challenge for systems trying to get back online during Hurricane Harvey and its aftermath.

in need. When a need did get reported, it was a rewarding feeling to confidently assure them that they were not alone and we were working with them to resolve their problem. I’m grateful to work with such a committed group of people and member systems that are eager and willing to help wherever they can.” By the beginning of week two, the Governor expanded the number of affected counties to 50, and our emergency response team continued to reach out to member systems in the area. To date, we have contacted over 200 systems in these areas to check on their status, identify those who need help and learn what type of help they may need, whether it be in the form of generators, manpower, equipment, supplies, etc. We have also been working in close communication with TX-Warn, another “systems helping systems” network, and the Texas Commission on Environmental Quality to learn of affected utilities that may need assistance. TRWA owns and maintains seven generators as part of RWEAC, funded in part through a United States Department of Agriculture – Rural

Development grant and through the TRWA disaster relief fund. Systems TRWA assisted with these generators included Maruiceville SUD, the City of Smiley, Cape Carancahua WSC, River Oaks WSC, Nueces County WCID #4 and the City of Woodsboro. Additionally, our larger network of TRWA members and RWEAC participants answered our call and offered equipment, supplies and manpower to help relief efforts. TRWA coordinated volunteers and resources from these systems. Twenty-seven systems received hands-on assistance from our first responders and RWEAC volunteers. “When we put out the call for assistance, we received an outpour of support, not only from our RWEAC network, but from other organizations, such as the National Rural Water Association, other state rural water associations, USDA—RD, and CoBank. Knowing that we have our larger industry behind us has been so meaningful and heartwarming as we respond to this catastrophe. It really epitomizes what it means to be part of the rural water family,” said Lara Zent, TRWA Executive Director and General Counsel. For example, Holiday Beach WSC in Fulton requested assistance with finding and fixing leaks caused by power poles lifting and breaking water lines. TRWA identified RWEAC member Jonah SUD as having the appropriate resources available to help. Jonah SUD graciously sent manpower, machinery and materials to help them repair lines and to shut off meters running to damaged homes. Once they completed their assistance efforts, Jonah SUD then went on to help out other systems who needed additional manpower, including Orangefield WSC and Mauriceville SUD. Staff from Walker County SUD traveled to relieve the Jonah SUD volunteers on Thursday, September 7, and continue efforts to help Mauriceville SUD get their distribution system back on line. Another RWEAC volunteer who went above and beyond is Allen Knight from North Collin SUD, who worked with our TRWA first responders at a number of systems, including Mauriceville SUD, South Newton WSC and the City of Bevil Oaks. “We just can’t say enough about all who helped throughout this event. The operators and utility staff who aren’t just employees, but live in the affected communities, worked tirelessly to restore safe water and sewer service even though they too were personally impacted,” said Celia Eaves, TRWA Professional Development and Training Director, who served as incident commander and disaster area

manager after the first week of response efforts. “There was a willingness from other utilities to dedicate staff and resources to help their neighbors even though they’re over 300 miles away. It’s taking a collective effort to recover, and TRWA Circuit Rider and first responder Paul King and North Collin SUD it couldn’t General Manager Allen Knight helping have been out at City of Bevil Oaks. possible without the hard work and dedication to our industry that all these individuals have demonstrated.” Harvey’s catastrophic impacts will be felt for months to come. Thank you to everyone who reached out to offer resources in response to Hurricane Harvey. Remember, any water/wastewater utility in Texas can request emergency assistance from RWEAC by calling 1-866-586-6480, a toll free hotline that is staffed 24/7. It is free to become a member of RWEAC—systems can complete their application and mutual aid agreement online at www.trwa.org/ rweac. If you would like more information on RWEAC or how to participate in the cooperative, visit our website or you may email us at rweac@trwa.org. You may also donate to our disaster relief fund by visiting www.trwa.org/donations. Together, we can help get these devastated areas back on the road to recovery.

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Ask Larry

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

We have been made aware of a customer who has installed an inline booster pump on their side of the meter. It appears they have done this to supply water to more than 60 small rental homes on two 5/8 x 3/4 meters. One of these meters is on a 1"water main line and the other meter on a 1 1/2 water main line. We don't know what size the line is behind the meters or how they have them hooked up. What options do we have to address this issue? A: You have a couple different issues to address. First, you’ll want to look at what your tariff and non-standard service agreement state as far as requirements for service and what you have agreed to provide. For example, the provisions of TRWA’s Sample Tariff regarding non-standard service include the requirement that the corporation approve the design requirements of the applicant’s required facilities prior to initiation of a non-standard service contract. This includes design, review and approval of all plans and all on-site and off-site service facilities by the corporation’s engineer and compliance with any applicable municipal or other governmental codes and specifications. If your engineer has not approved the use of the booster pump or sized the lines and meters to accommodate the 60 rental homes, the customer is not in compliance with the terms of the agreement and your tariff. Even if the customer would only need standard service, TRWA’s Sample Tariff includes the requirement that the property of the applicant/ member shall be inspected to ensure compliance with state required Minimum Acceptable Operating Practices for Public Drinking Water Systems as promulgated by the Texas Commission on Environmental Quality (TCEQ) or successor agency. The customer must, at his or her expense, properly install, inspect, test, maintain and provide all required documentation of any approved backflow prevention device required by the corporation (30 TAC 290.46(j); Section I Service Application and Agreement). The Uniform Plumbing Code does not allow for booster pumps under this condition and TCEQ rule Section 290.44(d)(3) states that service connections that

Quench — September / October 2017

require booster pumps taking suction from the public water system lines must be equipped with automatic pressure cut-off devices so that the pumping units become inoperative at a suction pressure of less than 20 psi (thereby preventing a backsiphonage condition). The most immediate issue to address is the potential health hazard caused by the loss of pressure when the booster pump kicks on. If your system’s tariff contains the same language as TRWA’s sample tariff, failure to remedy this hazardous condition is subject to disconnection without notice, and ultimately cancellation of membership due to policy non-compliance in accordance with Section E. 10. f. if the issue is not remedied. Section E. 18. b. 1. allows for disconnection without notice when a known dangerous or hazardous condition exists for which service may remain disconnected for as long as the condition exists, including but not limited to a public health nuisance as defined in Texas Health and Safety Code Sections 341.011 or 343.011. If there is reason to believe a dangerous or hazardous condition exists, the corporation may conduct a customer service inspection (CSI) to verify the hazardous condition and may notify the local county health office. The corporation will disconnect without notice if the member refuses to allow access for the purpose of confirming the existence of such condition and/or removing the dangerous or hazardous condition (30 TAC 290.46(i) and 290.46(j)). Service will be restored when a CSI confirms no health hazard exists, the health hazard has been removed or repaired, or the health hazard has been isolated from the corporation’s water system by the installation of a backflow prevention device. Q: Last week at our local city council meeting the issue of fireflow requirements and responsibilities came up as a side show to a larger political discussion concerning two separate subdivisions inside the city limits and within the our water supply corporation’s CCN. One of the subdivisions within our CCN was not built to provide fireflow (SDR-21 6” mains Continued on page 16

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Quench â&#x20AC;&#x201D; September / October 2017 15

Continued from page 14

with flush valves, no fire plugs, built in 1998-99). The other subdivision was planned and built in 2002-3. In 2000, after the first subdivision was completed, the board made a decision, recognizing the probable urbanization of the area, to require all new approved, organized subdivisions to build to fireflow specifications, that is, C-900 piping/mains in loops with fireplugs every 500 ft. The subdivision built in 2002-3 has C-900 pipe with fire-plugs every 500 ft. installed. All subsequent subdivisions approved by the board also have been built to fireflow specs, as well as a water main upgrade project done this spring. The WSC replaced 4,000 ft. of 3” main with 6” C-900 pipe at our own expense. Individuals at the city council meeting demanded that the city require retrofitting of the older subdivision with fire-plugs, apparently being unaware the city is not responsible for this equipment. I explained to several citizens a few days after this meeting that the WSC was organized several decades ago as a rural water supply corporation and was not responsible for fireflow provisions. I explained why the subdivision, built in 1999, was built without consideration of fireflow requirements and the second one built in 2003 was built at least with the fireflow rated pipe due to the board decision in 2000 to require fireflow rated equipment. This policy is spelled out in our tariff as far back as 2001. I told them also the membership is not financially responsible to upgrade equipment installed in areas developed before the board changed the policy in 2001. So, in other words, it’s “grandfathered”. What responsibility does a WSC have in regard to fireflow provisions? A: WSCs and other public water systems operating outside the city limits or the extraterritorial jurisdiction (ETJ) of a municipality are not required to provide fireflow unless their articles of incorporation or tariff require them to do so. Texas Water Code Section 67.0105 gives corporations the authority to provide water supply to a governmental entity or volunteer fire department for use in fire suppression and to enter into contracts to do so, but does not require them to provide the service. Some water systems, like yours, have developed policies and plans to upgrade their lines and provide fireflow, but are not otherwise required to do so. However, systems operating in the city limits 16

Quench — September / October 2017

or ETJ of a municipality may be required to provide fireflow to new subdivisions based on the municipality’s ordinance. Texas Health and Safety Code Section 341.059 was adopted into law in 2014 requiring the governing body of a municipality, by ordinance, to adopt standards requiring a utility to maintain a sufficient water flow and pressure to fire hydrants in a residential area or an industrial district located in the municipality or the municipality's extraterritorial jurisdiction. TCEQ rule 30 TAC § 290.46 sets the minimum fireflow standard a municipality may impose on a WSC or investor-owned utility (IOU) operating in its limits or ETJ. Also, 30 TAC §290.45(a)(2) reflects that the commission will require additional system capacity if a system is unable to meet the capacity requirements for providing fire flow pursuant to Section 290.46(y). It is important to note that the standard only applies to a “residential area,” which means “an area used principally for private residences that is improved with at least 100 single-family homes and has an average density of one home per half acre.” Also key to your question is the fact that an ordinance may not require a utility to build, retrofit or improve infrastructure in existence at the time the ordinance is adopted. Q: How long are we required to keep credit card receipts? A: Political subdivisions, including districts and cities, must keep credit card receipts and other bill copies, statements, billing registers and account cards for three years after the end of their current fiscal year. This timeframe is specified in the Texas State Library and Archives Commission records retention schedule for records common to all local governments, Section 2-2 Accounting Records. Districts and cities must comply with the schedule and keep all original paper records for the time periods specified unless they have been microfilmed or electronically stored them pursuant to the provisions of the Local Government Code, Chapter 204 or Chapter 205. Water supply corporations are not required to comply with the Texas State Library and Archives Commission records retention schedule, but are encouraged to establish one of their own and TRWA recommends using the Texas State Library and Archives Commission schedule as a guideline. If you have a technical question you would like answered, please email larry.bell@trwa.org.

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Senate Bill 6 Gives Select Residents and Landowners Authority to Vote on Annexation By Erin Selvera, Legal and Legislative Services Director, Texas Rural Water Association

ew restrictions and procedures adopted by the legislature during the 85th Special Session give residents and landowners in 12 Texas counties the right to vote on annexation by a municipality. Senate Bill 6 was signed into law by Governor Abbott on August 15, 2017, and is set to go into effect on December 1, 2017, applying only to annexations not yet finalized as of that date. The new law divides counties and municipalities in the state into two categories or “tiers” for the purpose of annexation authority. •

Tier 1 County: • county with a population of fewer than 500,000 and • not a county that contains a freshwater fisheries center operated by the Texas Parks and Wildlife Department. (Henderson County) • Tier 1 Municipality: • municipality wholly located in one or more tier 1 counties that proposes to annex an area wholly located in one or more tier 1 counties. Harris - 4,589,928 • Tier 2 County: Dallas - 2,574,984 • county that is not a tier 1 Tarrant - 2,016,072 county with a population of Bexar - 1,928,680 Travis - 1,199,323 500,000 or more or Collin - 939,585 • county where a majority of Hidalgo - 849,843 the registered voters have El Paso - 837,918 Denton - 806,180 approved being a tier 2 county Fort Bend - 741,237 through an election ordered Montgomery - 556,203 Williamson - 528,718 by the Commissioners’ Court. At least 10 percent of the registered voters of the county must petition the Commissioners’ Court for the election. • Tier 2 Municipality: • municipality wholly or partly located in a tier 2 county; or • municipality wholly located in one or more tier 1 counties that proposes to annex any part of a tier 2 county. Tier 1 counties are subject to the pre-existing annexation requirements. Tier 2 counties are subject to the new 18

Quench — September / October 2017

requirements and certain restrictions. Not surprisingly, the counties with Texas’ largest cities are subject to the law as well as many counties adjacent to them as shown on the map below. According to the United States Census Bureau/American FactFinder "Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2016,” Harris, Dallas, Tarrant, Bexar, Travis, Collin, Hidalgo, El Paso, Denton, Fort Bend, Montgomery and Williamson Counties all meet this threshold. Cities in these counties that seek to annex parts of their surrounding area will be required to follow new procedures for annexation depending on whether all of the landowners in the area give full consent to annexation. Under SB6, if every landowner in an area requests annexation, a municipality would be required to provide a service agreement and conduct public hearings before the area could be annexed fully or for limited purposes.

Texas Counties with Populations > 500,000

Where there is not full consent from landowners, areas with a population of fewer than 200 could be annexed fully or for limited purposes by a tier 2 municipality only by petition of more than 50 percent of the registered voters that include at least half the landowners in the area. Areas with a population of 200 or more could be annexed by a tier 2 municipality only by approval of a majority of registered voters in the area at an election. If more than 50 percent of the land in the area is not owned by registered voters in the area, the municipality also will be required to receive consent through a petition signed by more than 50 percent of the landowners. A municipality annexing an area of any population without consent of every landowner will have to: • • •

provide a list of services to be provided on or after the effective date of annexation; mail notice of the proposed annexation to each resident and property owner in the area; and hold hearings during and after the petition or election period.

If the petition or election fail to meet the given threshold, the municipality cannot annex the area and cannot try again for another year. A municipality is prohibited from retaliating. It must continue to honor existing legal obligations, including the provision of water and wastewater services, which must remain in place following such a disapproval. The legislature did build in some exceptions to the law. For example, areas owned by the municipality, or areas involving certain strategic partnership agreements, navigable streams within the municipality’s extra-territorial jurisdiction or industrial districts, would not be subject to the petition or election procedures. Interestingly, 10 of the 12 counties subject to the new annexation restrictions and procedures are also subject to the expedited decertification laws that have plagued many of TRWA's member systems. In fact, 88 of the 167 expedited decertification petitions filed under Texas Water Code Section 13.254(a-5) as of August 1, 2017, were in one of the 10 counties. This is not surprising given that many of the counties where expedited decertification petitions are common are the same counties experiencing significant growth. According to Texas Water Development Board (TWDB) projections, cities in the 10 counties subject to both expedited decertification and the revised annexation laws will experience an average population increase of over 35 percent between 2020 and 2070, and 66 of the 215 cities included in the TWDB report are projected to have over 50

percent increase in population over this same time period. This means that cities are likely to grow and annexation will likely be part of the process. When you look at the overlap of areas subject to the revised annexation law and the decertification law, some interesting scenarios and questions arise. For example, a developer seeking to have their plat approved may be encouraged by the city to seek decertification of their property. The city may want to control development in the area and see the new development, currently within a water district or water supply corporation’s CCN territory, as a good source of future revenue and tax base. As a result, the city will develop plans to annex the area after it has been decertified. Annexation requirements may depend on the timing of decertification and whether the developer has sold or pre-sold any lots to future homeowners. If the city acts quickly to annex an area prior to sale of a significant number of lots, the annexation decision is essentially in the developer’s hands as the landowner. However, if the city waits for the development to be complete prior to annexation, the new homeowners (assuming there are more than 200), will be faced with tough decisions. A vote not to be annexed may leave the area without the services of the city and the local water district/WSC because their developer opted to have the area decertified. It is too soon to know how this change in annexation requirements will affect water and wastewater utilities in the 12 counties subject to the new requirements, but TRWA will be monitoring the impacts as they develop. If you have any questions about this article, please contact us at 512-472-8591 or legal@trwa.org.

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Now is the Time to Invest in Your Water Infrastructure By Kathleen Jackson, Board Member, Texas Water Development Board

ural communities across Texas are taking the initiative to ensure they have the water they need, not only for today, but also for the future. They are using the resources of the Texas Water Development Board (TWDB) to move forward with water and wastewater system projects. Across our state, there are diverse needs, and communities may find themselves at different points in addressing their own unique challenges. Some entities are shovel ready; others may need more time to work out the details. The important thing is that you take action now! Whether you’re just starting to think about a potential water project or all your plans are in place, here are five reasons why you should invest now: 1. Asset management pays off. One of the most beneficial, long-term ways to ensure reliable and safe water delivery is through asset management. Development of an asset management plan can help you gain a thorough understanding of your system’s sustainability, prioritize projects, budget for rehabilitation and repairs, and position your community to better meet customer demands. Being proactive, rather than reactive, can save communities money. By identifying vulnerabilities and moving forward with equipment repairs or upgrades before they become issues, communities can avoid the escalated costs associated with emergency downtime. 2. Build it with today’s dollars. Take into consideration the cost of construction today versus a higher cost in the future. Although it may seem like a large expense now, it will still be less expensive today than at a later date—and if you wait, the problem could grow or lead to more expensive solutions. The sooner you start your water project, whether that means initiating small steps to prolong the life of your system or completing a full overhaul, the sooner you’ll begin reaping the benefits of enhanced reliability. If the cost of planning is standing in your way of getting started, reach out to the TWDB; in addition to providing financial assistance for design, construction, and acquisition for a project, we can

Quench — September / October 2017

Texas Water Development Board representatives Clay Schultz (left), Board Member Kathleen Jackson and Luis Farias (right) meet with Mustang SUD General Manager and TRWA Board Secretary Chris Boyd.

also assist with funding the planning phase to help kick start your project. 3. Take advantage of low interest rates. The TWDB is pleased to offer low-interest loans through tailored financial assistance programs that yield generous savings over open market financing options. Since 2013, we have committed more than $518 million to 189 rural Texas projects. Our six regional project teams each oversee a region of the state and are committed to helping rural and small communities find the right financial assistance program to meet their needs. And because we work with communities throughout the state, we have seen all types of challenges and solutions—possibly even one similar to yours. For example, the City of Booker, located northeast of Amarillo, was seeking $455,000 in financial assistance to replace aged and leaking water lines in their downtown area. By working closely with the City to understand their needs and situation, we were able to help identify a TWDB financial assistance program that will maximize savings for the City throughout the life of the loan. 4. Invest in your future. Texas’ population is expected to increase 73 percent between 2020 and 2070, and although

not all parts of the state will see the same amount of growth, each of the 16 regional water planning areas anticipates a population increase of at least 10 percent. Nine planning areas are expected to grow by more than 50 percent. Mustang Special Utility District, which services communities in northeast Denton County, faces a projected average annual growth rate of 8.7 percent for its service area, from 8,800 water meters to 54,000 water meters in 2035. The District recognized the need to make an investment now to accommodate its future growth. In July 2017, the TWDB approved $3,555,000 in low-interest financing for the District to construct a 1-million-gallon elevated storage tank and piping to connect the tank to its west side service area. A reliable and sustainable water supply is the key to sustaining our existing quality of life and for families to have the water they need for generations to come. An investment in water infrastructure helps keep your community strong and is an investment in your future. 5. Contribute to the success of Texas. For Texas to be successful, all communities need to be successful. Proactive planning and investing at

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the local level doesn’t just benefit your community; it benefits all of Texas and the future generations that will call Texas home. The future of Texas water depends on our actions today. Every community—rural, urban, large, and small—should take pride in and contribute to our shared goal of developing reliable and sustainable water supplies for all Texans. I hope you’ll consider the many benefits of acting now to invest in your water infrastructure. And when you’re ready, connect with the TWDB; we stand ready to partner with you for a bright and promising future! To learn more about TWDB financial assistance programs, visit www.twdb.texas.gov. Kathleen Jackson has served as a Board Member for the TWDB since March 2014. She is a registered professional engineer with a diverse background representing agricultural, environmental, industrial, and wholesale-supply interests. The Texas Water Development Board's mission is to provide leadership, information, education, and support for planning, financial assistance, and outreach for the conservation and responsible development of water for Texas.

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Salvage Your Scrap in November for America Recycles Day By Mitchell Pickett, Intern, Texas Rural Water Foundation

or many people, recycling conjures up images of blue plastic bins and glass bottle drives, but recycling is more than that. It is a design of principle and a source of creativity and of prosperity. Recycling is very important in today’s world if we want to leave this planet for our future generations. Recycling is important because it helps to save energy, land, space and money, while it creates new jobs, preserves habitats for wildlife and reduces air and water pollution. With recycling, a substantial portion of our waste can be broken down into their original elements and be used to produce new materials. In this way, we can reduce the harmful waste we discard into the environment. But where is a good place to start? Recycling is crucial, and even the smallest steps can have significant benefits for the environment. A good place to start recycling is at home or at the office, which brings us to this campaign challenge! The Texas Rural Water Foundation (TRWF) is pleased to relaunch Salvage Your Scrap, a fundraising campaign in support of TRWF's mission to strengthen and advance the water and wastewater industry and to support and expand on the work of the Texas Rural Water Association. We invite systems to tap into their resources by cleaning up their systems and recycling the scrap metal collected. Once the materials are recycled, we ask that you donate the proceeds to benefit TRWF programs, including our Veteran Employment Program (VEP) and Scholarship Programs. The VEP is a key aspect of TRWF that helps to employ veterans who have served our country. By cleaning up and recycling your leftover scrap metal, your contribution helps us to continue our services not only to veterans, but also to rural water systems needing to fill job vacancies.

So start cleaning up and collecting your scrap to help the Texas Rural Water Foundation and our veterans! Visit texasrwf.org/scrap for more information on how to participate, donate and become more informed about the program, or email foundation@texasrwf.org.

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Keep It Legal

Answers to Members’ Questions by Erin Selvera, TRWA Legal and Legislative Services Director

One of our employees was arrested for Driving While Intoxicated (DWI). What do we do?

A: What you do may depend on the position your employee has with your company or district. If your employee is required to drive a personal or company vehicle for their job, it is important to have a discussion with the employee, when they are released, about the status of their license. Depending on the type of license they carry, your employee’s license may be suspended for a period of time or they may be disqualified from holding a commercial license, leaving them unable to work. In addition to the criminal court proceedings for DWI, there is a civil administrative process, the Administrative License Revocation (ALR) program, to address the driver’s license of individuals arrested for DWI or Boating While Intoxicated (BWI). The steps of the ALR process include: 1. The driver is asked to take a breath or blood test to measure his/her blood alcohol concentration (BAC) level. 2. The driver is served a notice that his/her driver license will be suspended if he/she refuses to take or fails the field sobriety test. (Registering a 0.08 BAC or greater is considered failing.) The suspension can range from 90 days to 2 years. For commercial driver license holders, refusal or failure of this test will also result in an automatic one-year disqualification. 3. The individual then has 15 days from the date the suspension notice is served to request a hearing. If a hearing is not requested, the suspension goes into effect on the 40th day after the notice was served. (This is usually 40 days after the arrest.) 4. The law enforcement officer will take the individual’s driver license and issue a temporary driving permit. 5. A $125 reinstatement fee is required prior to the renewal or issuance of a driver license. Some individuals may be eligible to apply for an occupational license while their driver license is suspended or revoked. An occupational license, 24

Quench — September / October 2017

also called an essential need license, authorizes the operation of a non-commercial motor vehicle in connection with an individual’s: work, school-related activities, or performance of essential household duties. If the employee receives probation in the criminal proceeding they will be required to complete a 12-hour class in an authorized Alcohol Education Program unless the requirement is waived by the presiding judge. Completion of the appropriate Alcohol Education Program must be submitted to the Texas Department of Public Safety (DPS) within 180 days from date of conviction or the driver license will be revoked. The lack of a final conviction does not mean that their license is not suspended and even if they receive probation after conviction, their license may be revoked. This makes it important for the system to have continuing contact/discussions with the employee about the status of their license. Q: Should we check to see if a prospective employee has a DWI prior to hiring? A: It is a good practice to do a background check for prospective employees which should reveal any final convictions. The check would not reveal any pending cases and a new law signed by Governor Abbott on June 15th of this year allows a person convicted of a first-time DWI offense with a bloodalcohol concentration less than 0.15 to have that part of their record sealed by petitioning for an order of non-disclosure of criminal history related to that offense. There are certain criteria that must be met to be eligible to petition for non-disclosure. A person may petition to have a DWI sealed only if he/she: •

has never been convicted of or placed on deferred adjudication community supervision (probation) for another offense. This does not include a traffic offense punishable by fine only;

•

has successfully completed any imposed community supervision and any term of confinement;

•

has paid all fines, costs and restitution imposed; and

•

the waiting period has elapsed. This can be 2 years if the person successfully completed a period of at least six months of driving restricted to a motor vehicle with an ignition interlock device as part of the sentence or 5 years if there was no interlock requirement as part of the sentence.

Additionally, the court will not issue an order of nondisclosure if an attorney representing the state presents evidence demonstrating that the underlying offense resulted in a motor vehicle accident involving another person (this includes the passenger or defendant). Q: Can a SUD issue a loan to the local volunteer fire department under the Public Funds Investment Act? A: It does not appear so. The Texas Water Code, Section 49.157, states that all district deposits and investments are governed by Subchapter A, Chapter 2256, Government Code, otherwise known as the Public Funds Investment Act or PFIA. Sec. 2256.0115 of the PFIA provides the list of authorized investments for a securities lending program. To qualify as an authorized investment, the value of securities loaned under the program must meet the following six conditions: 1. The value of securities loaned under he program must be not less than 100 percent collateralized, including accrued income; 2. A loan made under the program must allow for termination at any time; 3. A loan made under the program must be secured by pledged securities described by Section 2256.009; pledged irrevocable letters of credit issued by a bank that is organized and existing under the laws of the United States or any other state and continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or cash invested in accordance with Section 2256.009, 2256.013, 2256.014 or 2256.016; Additionally

securities dealer, as defined by 5 C.F.R. Section 6801.102(f), as that regulation existed on September 1, 2003; and 6. The loan term must be for one year or less. Chapter 2256 describes other kinds of authorized investments, such as certificates of deposits, repurchased agreements, commercial paper and mutual funds; however, Section 2256.009 (b) Authorized Investments: Obligations of, or Guaranteed By Governmental Entities, list the four types of obligations that are not authorized investments under this section, which include: •

obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal;

•

obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest;

•

collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and

•

collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.

Based on this, it does not appear that a SUD would be allowed under the PFIA to lend the VFD money. It is important to note that PFIA Sec. 2256.005 requires the governing body of an investing entity to adopt by rule, order, ordinance or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control, so any type of investment that a district wants to consider would also need to be included in your investment policy. If you have a legal question you would like answered, please email legal@trwa.org.

4. The terms of a loan made under the program must require that the securities being held as collateral be pledged to the investing entity; held in the investing entity's name; and deposited at the time the investment is made with the entity or with a third party selected or approved by the investing entity. 5. A loan made under the program must be placed through a primary government Quench — September / October 2017 25

Conducting a Sourcewater Protection Plan for the City of Sweetwater By Anne Ruthstrom, Sourcewater Protection Specialist, Texas Rural Water Association

he City of Sweetwater is a busy community, serving as the county seat in Nolan County. Driving up from Central Texas on State Highway 70 toward the Panhandle, you begin to see white windmills lining the green and brown landscape. Rolling plains lined with cotton fields add a visual ripple effect of complimentary tones. Edward Hopper could have painted it. The area is also dotted with oil rigs and fracking pad sites. The recent fracking boom, at its peak just a few years ago, has poured dollars into local economies around Texas, but also has raised risks to local water supplies. While Sweetwater looks to have mostly dodged that fate with wind energy, the town’s wells are situated within agricultural fields. Sweetwater has become a training hub for Wind Energy professionals and Turbine Technicians thanks to Texas State Technical College located there. Cotton and milo fields surrounding water wells periodically deplete limited water resources, acting as a conduit for Potential Sources of Contamination (PSOCs) to the water supply. PSOCs are anything that is or could become detrimental to the water supply. A Source Water Protection Plan (SWPP) is a voluntary effort that identifies PSOCs within a service area or around service wells and provides an action plan to preemptively mitigate risks to the water supply. The system’s 26 wells are at risk from private wells, irrigation wells and septic systems nearby. The nearby city of Roscoe does not service water or sewer to this area. Additionally, there are two other public water supply systems (PWSs) that fall within the Capture Zone of one of Sweetwater’s wells: Bitter Creek Water Supply Corporation, and a nearby school with two wells. The Capture Zone is the risk area that would take a minimum of five years for groundwater flows to reach that well, generated by a model. Drawdown during warmer months impacts availability to Sweetwater’s wells due to so many wells in the area. Conductivity through those wells is a main concern, especially given the flood irrigation that is utilized there. These risks emphasize the importance of well head maintenance, septic maintenance and responsible fertilizer/pesticide use.

Quench — September / October 2017

Sweetwater Public Works Director Eddy Campbell and staff proudly display a drinking water protection area sign as part of their source water protection community outreach efforts.

Sweetwater’s city wells pull water from the Dockum Aquifer system, which is characterized with red alluvial sand and silt, referred to as the “red bed.” Soils within these zones maintain ratings between “not limited” to “very limited” for septic use, according to the USDA/NRCS Web Soil Survey. However, 86 percent of the soils within these zones are “very limited,” indicating the soils have one or more very limiting features that can only be overcome with special planning, major soil modification, special design or significant management practices. The study area containing the wells also contributes runoff to South Fork Champion Creek. After receiving a call to contact Sweetwater, I spoke with Utilities Director Eddy Campbell about risks and problems they might be having. Draw down was certainly a concern, but also noted were the many cotton fields and irrigation wells, making conductivity a concern. The locations of some of the city’s wells within these fields, surrounded by fertilizer and pesticide applications, and the presence of private wells along with homesite septic systems, is the source of those concerns. Sweetwater does maintain a relationship with landowners around the wells, but they agreed more could be done to ensure the groundwater continues to stay clean. The City of Sweetwater’s water system was designated a

Superior Water System in November of 2011. Several weeks were spent visiting Sweetwater to collect data on the wells and locations of any PSOCs that could be identified. Older PSOC data from the area was reviewed and updated to reflect present potential risks. Updating and gathering new PSOC data helped clarify locations for previous PSOCs, adding new risk points such as new, private wells. Once the data had been processed and corrected, it was submitted to Texas Commission on Environmental Quality (TCEQ) to analyze and project the Capture Zones for the city’s wells. PSOCs were then overlaid in a digital map with the Capture Zones, giving a clearer, visual understanding of which wells were vulnerable to what risks or PSOCs.

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The plan was completed and delivered on March 23, 2017. A SWPP Steering Committee was formed, and best management practices (BMPs) were initiated to put the plan in place: Signs alerting the public that they were entering a protected drinking water area were posted, and outreach efforts have begun, including a community talk about the SWPP and its goals planned for October. Other BMPs identified included a wellhead and septic maintenance outreach effort. The City of Sweetwater continues to be an active participant in the Source Water Protection Program. If you have any questions about creating a new Source Water Protection Plan or updating an older plan, please contact Anne Ruthstrom at (512) 954-1360, or at Anne.Ruthstrom@trwa.org.

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Nomination Window Now Open for TRWA's Annual Awards of Excellence By Kelsey Copeland, Communications Assistant, Texas Rural Water Association

n this industry, water and wastewater systems possess the ability to transform obstacles into opportunities, provide efficient service and ultimately produce clean, safe drinking water statewide. This takes dedication from consummate professionals who can skillfully combine industry knowledge, experience and leadership. Texan water systems are built on merit and TRWA proudly salutes that spirit and determination with its annual Awards of Excellence.

this opportunity to appreciate someone who makes your life easier and tell us about how your supervisor set up a document retention schedule and digitized all your files, or how your coworker pulls double duty and goes into the field to fix leaks when they’re not balancing the books, or how, when no one at your utility wanted to, your employee embraced social media and single-handedly established your system’s online presence. A special thanks to Rural Water Impact/Municipal Impact for sponsoring this award.

Individual awards were created to recognize the shining stars of our member utilities, seeking to honor their dedication and achievements in support of their system and the larger community. Historically, we gave these awards out in three categories—Manager of the Year, Operator of the Year and Office Manager/ Secretary of the Year. In recent years, the TRWA Awards and Scholarships Committee modified eligibility guidelines to include a broader range of system personnel.

The new Excellence in Operations award is designed to recognize any personnel who are instrumental in the technical operations of your utility, and go above and beyond the call of duty in their work. This could include any operator, instrument or maintenance technician, field manager, utility service worker, etc., whose expertise and hard work are an invaluable asset to your system. Don’t miss your chance to recognize your employee for working tirelessly with management to affordably replace several miles of water line, or show your admiration for a supervisor for their ideas on how to better manage water loss and control inventory waste, or champion a peer for their emergency response and resolution skills.

This year, the following individual awards will be given: Excellence in System Management, Excellence in Administration and Excellence in Operations. Formerly the Manager of the Year award, the Excellence in System Management award recognizes any manager of a member utility who exemplifies exceptional leadership and oversight skills. This includes general managers, superintendents, assistant general managers, system managers, plant managers, etc. Whether they have made great strides to grow the system, implement new technologies, secure funding for projects, inspire their employees or engage their communities, we want to hear about what makes these leaders so important to you! The Office Manager/Secretary of the Year award has expanded to the new Excellence in Administration award, and is meant for any and all supporting personnel whose hard work and dedication keep their utility’s office administration running smoothly on a day-to-day basis. This includes office managers, administrative assistants, bookkeepers, accounting clerks, customer service representatives, secretaries, receptionists, etc. Take 28

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Do you already have someone in mind to nominate while reading this article? Good! It is now easier than ever to nominate yourself, a peer, employee or supervisor for one of these coveted individual awards. We have simplified the nomination process and essay, and also created a way that you can easily re-nominate a past participant who did not win in a previous year. Please remember that eligibility is limited to employees of TRWA member utilities and that former award winners are not eligible. Nomination forms have been mailed to all TRWA member utilities, and you can also submit your nomination online at www.trwa.org. We are also excited about the continuation of system-wide awards, a program we started last year. In 2018, this award will be for Excellence in System Improvement. We will give this award out in two categories: one for systems serving 1,500 or fewer connections and another for those serving more than 1,500 connections.

This award is designed to applaud utilities that have made significant efforts in system development — no initiative is too big or small. Perhaps your system implemented a new Capital Improvement Plan, or made improvement efforts through longrange planning, infrastructure improvements or new construction. Use this opportunity to showcase your hard work and share your ideas with your industry peers who can learn from your successes. To nominate your system, fill out our Awards of Excellence nomination form and tell us in 1000 words or less the details of your initiative or program. Consider the following: •

What was the goal of the project?

•

How was it initiated and developed?

•

What resources did you need?

•

What makes it unique?

•

What is its impact?

Only TRWA member systems are eligible, but anyone can nominate your system for this award! A special thanks to HD Supply for sponsoring the Excellence in System Improvement – Small System Award. All entries must be postmarked or delivered by February 1, 2018 to be considered. All award winners will be honored during the Awards Ceremony at RuralWaterCon in April and will be featured in the spring issue of this magazine. Individual winners will each receive a $500 prize and a commemorative plaque, and their nominating system will receive a free registration for any employee to attend a 2018 TRWA conference of their choice. The system-wide winners will each receive a $1000 prize and commemorative plaques. Thank you to our sponsors HD Supply and Rural Water Impact/Municipal Impact! There are still sponsorship opportunities available—contact us to learn more. If you have any questions about the nomination form or the awards process, or if you are interested in sponsoring one of the remaining awards, please contact the TRWA Communications Department at (512) 472-8591 or editor@trwa.org.

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TRWA Briefs Luella SUD Celebrates 50th Anniversary

n August 2017, Luella SUD celebrated their 50th anniversary of pumping water. Prior to 1967, Luella’s residents didn’t have running water and, because of this, new builders had no interest in buying land. In hopes of building a new church with indoor plumbing, members of the Luella Baptist Church initiated the first efforts to bring water to their local community. In 1964, member of the church, Ovell Yowell, received information from a new local water system on where to begin: qualify for the Federal Housing Administration (FHA) loan process by finding 110 people who would pledge to purchase a meter. Although Yowell passed away before a system was established, Bill Kincaid continued Yowell’s efforts and even worked for the new system for another 24 years. In 1965 the Luella WSC was formed and Walter Schneider donated a tract of his land on Bennett Road to drill the very first well. Once the well was completed and water lines were laid in August 1967, the water was finally pumping out to the customers. In 2005, Luella WSC converted to Luella SUD. In the last 50 years, LSUD grew from a small system

of 110 members in a small area to serving drinking water to more than 1100 connections across a rural area between Sherman, Tom Bean and Howe. They are governed by a five-member Board of Directors. LSUD has four employees and the lead operator/ manager, Warren Williams, has been there for 28 years. “Over the years this water system has become not just a water system but family with the customers,” said Williams. “The Board of Directors has changed over the years but has always thrived to make Luella the best place to work and to live. I would like to thank each and every Board member for giving me the opportunity to serve this community. I am proud of the dedicated staff I work with. We look forward to serving Luella for more years to come.”

Meet Our Two Newest Certified Utility Managers

oin us in congratulating TRWA's Michael Beadnell and North Texas Municipal Water District's Tyler Mott for joining the ranks of the elite few who hold a Utility Management Certification (UMC) in Texas. This certification requires hours of training, preparation and the passing of a lengthy exam. In 2010, National Rural Water Association and Water University launched the UMC program to create a national certification standard for water and wastewater utility managers. A manager who Continued on page 32

Walter Schneider donated the first tract of land for Luella WSC so the system could build a well.

Tyler Mott from North Texas Municipal Water District receives his UMC plaque from William White, TRWA's Assistant Technical Assistance Director. Quench — September / October 2017 31

If you are interested in learning more about this certification, please visit www.trwa.org or www. wateruniversity.org.

Continued from page 31

2018 Mandatory Eminent Domain Filing Report

ll entities in the state of Texas with eminent domain authority, including water and wastewater supply corporations, water districts and cities, are required to file an annual eminent domain report with the Texas State Comptroller. This requirement was set forth in Senate Bill 1812 by the 2015 Texas Legislature to help the State Comptroller update and maintain their eminent domain authority database. TRWA recognizes that water districts, water supply corporations and cities have many reports to file and keep track of each year, and therefore TRWA offers an Eminent Domain Filing Service for entities required to file this state mandated report. There are several ways to submit the information. The quickest way to submit your information is to go to www.trwa. org, click on the Legal tab and then the Eminent Domain menu option. Fill out our Online Submission Form and hit submit, and your information will be sent to our Legal Department. You can also download or print the form and email, fax or mail it to us. Finally, if you don’t have email or internet access, you can call us to get the form and we can mail or fax it to you.

TRWA Instructor Michael Beadnell receives his UMC plaque from Water University.

attains certification through the program will have demonstrated competency in three core areas on which the EPA gauges a system's ability to provide compliant service—financial, managerial and technical sustainability. Operators and other utility personnel interested in utility management also benefit 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.

The Eminent Domain Report must be submitted each year and any changes to the entity, such as new phone number, new general manager, address, etc., must be updated on the new filing report. The 2018 Eminent Domain Filing Report deadline is February 1, 2018. Entities failing to file this report before the deadline or cure past deficiencies may be subject to a maximum penalty of $1,000 and listed as a TRWA Ad 2016 (bleeds).pdf 1 2/2/2016 7:57:33 PM noncompliant entity.

• Transmission/Pipeline/ Construction Easement Negotiations • Right of Entry Permitting • Water Right Leasing • Tank/Plant Site Land Purchasing

• Initial Project Research/ Estimates • Market Value Research/ Appraisals • Title Research/Curative • Condemnation Support

www.hrmrow.com | (512) 353-1075 32

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The fee for TRWAâ&#x20AC;&#x2122;s Eminent Domain filing service is $100 for members and $150 for non-members. If your system has never filed this report before or if you have any questions please contact our Legal Department at TRWA at 512-472-8591 or eminentdomain@trwa.org.

District 12 Holds Annual Meeting

RWA District 12 held their annual meeting on August 12, 2017, at the Canton Farm Bureau. There were over 120 preregistered and several dropins arriving at the start of the meeting. Vickie Armstrong, TRWA Board Director for District 12, updated the group on the Green Valley SUD 1926(b) decision by the Federal 5th Circuit Court of Appeals. Then, she gave an update on the three bills that were backed by TRWA during the past legislative session. Vickie reminded the group of the upcoming Fall Management and Districts Conferences, and reviewed TRWA's Annual Convention in Austin in March and the Training and Technical Conference in Galveston in July.

SUD for winning TRWA's Excellence in Community Outreach award. Both awards were originally presented at TRWA's annual convention, RuralWaterCon, in March. After the formal meeting concluded, attendees enjoyed fellowship with Attendees of the District 12 other water meeting compete for door prizes. systems over a great barbecue dinner and while playing bingo for door prizes. Does your system do something that stands out? Send your story ideas and photos to editor@trwa.org for your chance to be featured in our next magazine!

Janie Duke of Ables Springs SUD was recognized for winning TRWA's Excellence in Administration award. The group also recognized Ables Springs

TRWA District 12 Alternate Director Shirley Thompson (left) and Board Director Vickie Armstrong (right) lead bingo during their annual meeting. Quench â&#x20AC;&#x201D; September / October 2017 33

Classified Ads East Medina County Special Utility District

Moffat Water Supply Corporation

Water Utility Serviceman/Operator

General Manager

East Medina County Special Utility District has an open position for a Water Utility Serviceman/Operator. The district is a rural water utility serving southeast Medina County, Texas. An excellent benefit package is provided to all full-time employees that includes district paid employee health insurance, paid vacation time and a district matched retirement plan. The starting hourly pay rate is based on experience working with a water utility. Overtime pay after 40 hours worked each week.

Moffat Water Suppply in Bell County is seeking applicants for a General Manager. Need motivated individual with a TCEQ groundwater class C license, supervisory experience, computer skills and effective communications skills. Knowledge of regulations affecting rural water supply corporations is also a requirement. Position reports to the Board of Directors and comes with a good salary and benefits.

Qualified applicants must be able to work in adverse weather conditions and obtain a water operator license within 12 months of employment. Some weekend and after-hours work is required. A valid Class A CDL or the ability to obtain one in six months is required. All applicants must pass a criminal background check before any offer of employment. A pre-employment physical and drug screen is required prior to employment. How to Apply Applications and copies of the written job description are available at the District office, 16313 FM 471 South, Devine, Texas or by calling (830) 7093879 M-F 9am to 4pm. Mailing address is P. O. Box 628, Devine, Texas 78016. The position is open until filled. EAST MEDINA COUNTY SPECIAL UTILITY DISTRICT IS AN EQUAL OPPORTUNITY EMPLOYER. www.emcsud.dst.tx.us

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How to Apply Email resume to admin@moffatwatersupply.com or mail them to the office at 5460 Lakeaire Blvd., Temple, Texas 76502.

Plan Ahead CONFERENCES: November 1-2, 2017

Fall Management Conference and Districts Conference, Courtyard by Marriott - Allen, Allen/Dallas

April 5-6, 2018

RuralWaterCon 2018, Omni Fort Worth

OPERATOR TRAINING COURSES: Water Credit Courses

Basic Water Works Operations: Alton, October 24-26 Water Distribution: October 31 - November 2

Water and Wastewater Credit Courses

Customer Service Inspections: Harlingen, October 17-18  Malakoff, October 24-25 Pump and Motor Maintenance: San Antonio, November 7-9 Utility Calculations: San Antonio, October 10-12  Alton, November 28-30 Utility Management: San Antonio, October 24-26 Valve and Hydrant Maintenance: San Antonio, October 17-19

Public Funds Information Act Training

Initial and Renewal: Dallas/Allen, October 31

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AIA Insurance Agency........................................... Page 6 American Flow Control................................................. 11 Bartlett & West...............................................................23 Childress Engineers......................................................23 Chlorinators Incorporated............................................19 CoBank...........................................................................15 Daniel & Brown, Inc.......................................................27 Ferguson Waterworks...................................................10 HRM Land Acquisition Solutions.................................32 J.F. Fontaine & Associates...........................................34 Krausz............................................................................29 KSA Engineers...............................................................32 Layne Christenson........................................................ 11 M&M Tank Coating Co...................................................21 Maguire Iron...................................................................23 NewGen Strategies & Solutions...................................22 Pittsburg Tank & Tower Maintenance Co., Inc............35 Preload, LLC..................................................................22 RG3 Meters..............................................................15, 17 Russell Drilling Co., Inc................................................10 Smith Pump Co., Inc......................................................23 Tank Connection............................................................33 Texas Aquastore............................................................27 USA Blue Book.............................................. Back Cover Quench — September / October 2017 35

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