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Q&A with Representative Lyle Larson and former Senator J.E. "Buster" Brown Also Inside: Understanding the Lake Jackson Amoeba Tragedy 2020 Election Results A Climatologist Explains La NiĂąa's Impact on Texas
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2020 Election Results and Potential Texas Water Impacts 2020 Election Results
2021 Legislative Preview:
The 2020 election cycle wrapped up Tuesday, November 3, and despite record voter turnout, both the Texas State Legislature and the state’s U.S. congressional delegation will look mostly the same as it did last session.
The 87th Texas Legislature convenes on January 12, 2021. Despite the familiar makeup of the Texas House following the November 3 election, the chamber will be led by a new House Speaker for the second time in as many sessions. Last session’s speaker, Dennis Bonnen (R-Angleton), did not seek re-election. The speaker is an important role because he or she sets the legislative agenda for the chamber, decides which bills get called up for a vote and when, and perhaps most importantly, assigns the chairs and members of all House committees. With the identity of the speaker uncertain, it remains to be seen whether Rep. Lyle Larson (R-San Antonio) will remain chair of the important House Natural Resources Committee, a position he has held for the past several sessions. In the days leading up to the election, eight representatives from both parties filed paperwork seeking the speaker position, but on Wednesday Rep. Dade Phelan (R-Beaumont) announced that he has the support of enough members to win the job. We won’t officially know who the next speaker will be until the legislature’s opening gavel drops in Austin in January.
• In the Texas House, it was a good night to be an incumbent, as most of the chamber’s 150 seats remained unchanged with Republicans likely holding on to a majority similar to the 8367 advantage they held in 2019. The majority of new faces in the House will be members of both parties who are filling seats vacated by lawmakers who did not seek re-election. Two seats in Harris County switched parties in opposite directions, with Democrat Gina Calanni losing to Republican Mike Schofield, and longtime Republican member Sarah Davis losing to Democrat Ann Johnson. • Because the Texas Senate’s 31 seats have staggered terms, there were fewer races to watch on that side of the capitol. At the end of the night, Democrats gained one seat in the chamber as Roland Gutierrez defeated Sen. Pete Flores in a district covering Southwest Texas and the Big Bend area. Republicans will still hold an 18-13 advantage in the senate. • Democrats also fell short in their bid to expand gains they made in the state’s congressional delegation in the 2018 election. Despite high profile races in about a dozen districts mostly concentrated in suburban parts of the state, there were no party switches in last night’s election among the state’s 36 congressional districts.
Stop the Clog Whether you're preparing turkey or tamales, please remember that fats, oils and grease (FOGs) stick to the inside of pipes, hardening and building up until they cause clogs and sewer backups. 2
Texas on Tap — November 2020
Texas Water Supplies are Safe: Understanding the Lake Jackson Amoeba Tragedy In September, a 6-year-old boy who lived in Lake Jackson, Texas became infected with Naegleria fowleri (N. fowleri), described by the media as a “brain eating amoeba.” Unfortunately, the youngster ultimately succumbed to the effects of infection, and he died on September 8. His death prompted city officials to investigate potential sources of contamination in the city’s water system.
N. fowleri infections are very rare (only 34 cases reported nationwide in the past decade). The amoeba can only infect a person if it enters through their nose and travels to their brain. A person cannot get infected by drinking it because the human digestive system kills it. The discovery of the N. fowleri amoeba initially lead to Lake Jackson officials issuing a “Do-Not-Use” notice on September 25. This notice was rescinded on September 26 and replaced with a “Boil Water Notice.” Investigations determined that the source of the N. fowleri was limited to a “Splash Pad” located at the City of Lake Jackson’s Civic Center. A “Splash Pad” is a recreation area in a public park that has little or no standing water and which utilizes ground nozzles to spray water into the air. Typically, the water used in these systems is either “fresh” potable water or “recycled” water which is treated to the same level as swimming pool water. The Centers for Disease Control (CDC) issued findings that determined the water storage tank for the “Splash Pad” created the environment which allowed the amoeba to grow. City officials working with Texas Commission on Environmental Quality (TCEQ) investigators and other governmental agencies determined that the storage tank had a low disinfectant residual and that the timer system used to operate the spray nozzle system reduced the flow of water through the tank and helped create the conditions for the N. fowleri amoeba to grow. Based on these conclusions, the incident could have easily been avoided if there had been a higher level of disinfection in the storage tank and increased water flow. This amoeba is easily killed by the most common form of disinfectant used by water utilities – chlorination. Another way that water systems prevent organisms such as this one from growing in their water storage tanks and distribution systems is by keeping the water circulating in tanks and by regularly flushing water lines.
Keep in mind that improper disposal can lead to less-than-cheerful plumbing consequences that impact your home, your neighborhood, your public water system and the environment. All cooking oils, butter, dairy products, bacon fat, meat trimmings and cooking grease should be absorbed with a paper towel and tossed in the trash. You can also collect fats, oils, and grease in a grease container, cool it, scrape it and trash it. Texas on Tap — November 2020 3
Q&A with Representative Lyle Larson and former Senator J.E. "Buster" Brown Representative Lyle Larson represents Texas House District 1221. As the Chairman of the House Natural Resources Committee, he is the state’s leader on water policy issues in the Texas House. Former Senator J.E. “Buster” Brown posed these questions to Chairman Larson, and what follows is a very interesting conversation. Brown: First of all, tell us about yourself — where you live, what you do for a living and about your prior public service. Larson: I was born and raised on a farm in San Antonio, and currently live in northern Bexar County just outside the city limits. Directly after graduating from Texas A&M University, I worked first for Nalco Chemical Company and subsequently for Johnson & Johnson, distributing surgical equipment. For the last 30 years, I've owned and operated a small business that sells identification card manufacturing equipment, and owned and operated a business that puts on farming, ranching, and hunting expos. At age 30 I was elected to San Antonio City Council, where I served two terms and got my feet wet in water policy during the Edwards Aquifer wars of the 1990s. I then served as a Bexar County Commissioner for 12 years, before being elected to the Texas House in 2010 Brown: In general, what do you see as the major water issues for the upcoming Session? Larson: If drought conditions persist into March, there could be real interest in advancing legislation to ensure the availability of water supplies. Based on the proceedings at the Public Utility Commission (PUC) over the past 24 months and deliberations within the water industry, reforming the process by which wholesale water rates are challenged and undermined at the PUC merits additional direction Footnote:
1.Texas House District 122 is located in Bexar County. 4
Texas on Tap — November 2020
by the Legislature. Understanding there are diverse opinions on this issue, we need to make sure that contracts are not invalidated by state agencies where large water projects and the state's credit rating are at stake. We also look forward to moving forward the discussion on setting Desired Future Conditions, groundwater-surface water interaction, and other issues as well. Brown: Rural areas of Texas continue to provide food and fiber for Texas and, in some cases, the world. How does Texas’ future water supply guarantee that continued production? Larson: It's critical that we continue to grow food and fiber as close as possible to the population centers as we can. The balancing of water needs in the rural areas with the growing demand in urban areas is critical for the growth and sustainability of Texas and the country as a whole. Bottom line: we can’t cannibalize all the water for the urban areas at the expense of the rural areas because it would be counter to the entire state's interests and the global food supply. Brown: Do you see any “new” water sources on the horizon for Texas? Larson: There are several ways to add "new" water to the state's inventory: through enhanced science and regulatory reform that puts more of the state's existing groundwater and surface water resources on the table for development, through technological advancements that allow for the reuse of previously unusable water, or through importing water from outside the state's boundaries from the Gulf of Mexico or a neighboring state. With the growth projection for the state, the development of "new" non-traditional water sources like seawater desal, oilfield water, and interstate water sales are inevitable and simply a matter of
time. As with any project, this will be based on demand, the cost of the developed water relative to the next cheapest source, leadership by a local entity to have the willingness to sponsor a project, and state leadership to support local efforts. Some examples of creating new water through regulatory reform include putting additional brackish groundwater supplies on the table for development (84R HB 30 and 86R HB 722) and more surface water supplies on the table for development if the water will be used for an aquifer storage and recovery or aquifer recharge project (86R HB 720). We've seen a lot of interest from public and private entities on the Gulf Coast for seawater development, and eventually they will reconcile the cost of treatment and the environmental issues. The extreme drop in the price of oil has underscored the extreme variability in the availability of produced water from the oilfield, and therefore the challenge with relying on it as a long-term water supply. However, as the industry recovers and we see greater production in the future, there will be merit in looking at how to treat and reuse this supply of water where it makes the most sense: first back into the oil production process and then, once health, safety and environmental concerns are satisfied, for other ag, industrial, instream flows, and other uses. Unfortunately, a Friday night football mentality has gotten in the way of water deals with the states of Oklahoma and Louisiana. Having spoken with legislators and other stakeholders in both states, I can say that we're much closer with Louisiana at this point. There's been renewed interest recently by folks in Texas and Louisiana to cut a deal on a Toledo Bend water sale and pipe the water west to the I-35 corridor and serve the entities in between. Brown: What do you see as the greatest challenges for Texas rural water utilities? Larson: The greatest challenge for rural water utilities, as with many rural institutions, is the nature of the business model as the state continues to grow. Having lived nearly my entire life in the San Antonio area, and having served in local government for much of my adult life, I experienced many of these
challenges firsthand - navigating everything from land use to water service to annexation issues as the city grew to encapsulate what was once rural land. The property I grew up on, which was once on the outskirts of the city, is now in a central part of town. There's a Little Caesar's right where our family's roping arena used to reside. In many ways, the challenges rural water utilities face as the state's urban areas continue to grow are part of a larger conversation about managing and adapting to an urbanizing world. In the water world, the rubber meets the road with TRWA members. Rural water utilities have the opportunity and obligation to plan for and provide water service to large swaths of land with a customer base that is more spread out. This requires greater capital costs relative to their rate bases compared with many of their municipal utility counterparts, and being prepared for future development without always knowing when and how water will be needed. It creates challenges when cities that are also trying to grow encroach on rural service areas and want to serve those customers. Having worked for multiple sessions on CCN issues, one positive aspect I've seen is a greater willingness to for rural utilities and developers to both do a better job of communicating with one another about water planning and development plans, respectively, to preempt some of these conflicts. Brown: In particular, what do you see as the most important issue for customers of rural water utilities? Larson: Existing customers want access to safe, affordable water. Water is a basic need, which was further underscored during the pandemic. Customers need to be able to access supplies without pressure issues contamination, or boil water notices as a matter of basic health. Developers, who bring future customers, want the cheapest, and often closest water supply. Former Senator J.E. “Buster� Brown served in the Texas Senate for two decades, Chaired the Senate Natural Resources Committee and authored SB1 and SB2. Texas on Tap — November 2020 5
A Climatologist Explains La Niña's Impact on Texas According to the National Weather Service, La Niña conditions are currently in place, favoring a warmer and drier pattern across the Lone Star State through the winter and spring. To explore what a La Niña weather pattern means for Texas, Texas Water Newsroom asked Dr. Nelun Fernando with the Texas Water Development Board (TWDB) to describe anticipated weather conditions for the next few months. What effect does a La Niña pattern typically have on our state? The influences of El Niño or La Niña events are most pronounced during the winter and spring seasons over Texas. During a La Niña event, the Pacific jet stream (a band of strong winds in the upper atmosphere with associated storm systems) is north of where it typically traverses our state. As a result, we will likely not get the storm systems that we would get if the jet stream was located farther south. Therefore, it is likely that this winter and spring will be drier and warmer than normally expected. La Niña is also associated with a more active Atlantic hurricane season. This increased activity is because the vertical wind shear (the change in wind speed and direction with height) is weaker during a La Niña year, enabling tropical storms to develop vertically without impediment. We still have more than a month to go in what has been one of the most active Atlantic hurricane seasons on record. So, we may see more hurricanes impacting Texans along the coast through November. How could La Niña conditions impact drought conditions in Texas? The western part of the state is currently in the throes of serious drought, with 18 counties in West Texas and the Panhandle experiencing exceptional drought. While La Niña may not necessarily be the culprit for the onset of drought in these regions, its presence means little chance of relief in the form of rainfall through winter or early spring. Warmer temperatures, combined with lower rainfall, in the winter and spring seasons could potentially provide the right mix of ingredients to set the stage for drought persistence, spring drought intensification, and summer heatwaves, as was experienced in the winter–spring of 2010–2011. However, La Niña is not the only factor affecting rainfall between now and next summer. We can say with some certainty, though, that the die is loaded toward drought persistence over West Texas through the winter and possibly through spring. What does a La Niña pattern mean for our state’s water supply? The majority of our state’s major water supply reservoirs are located in the eastern half of the state 6
Texas on Tap — November 2020
and, at the end of September 2020, these were in pretty good shape due to the recent rains. However, storage at Elephant Butte Reservoir, which serves El Paso, and in other reservoirs in the Panhandle, West Texas, and Central Texas are even lower than usual for this time of year. Warmer temperatures and less rainfall in the winter through spring seasons could result in declining reservoir storage due to increased evaporative loss and reduced river flow to all water supply reservoirs in the state. Inevitably, such an impact would be more detrimental to communities relying on water supply from reservoirs already low in storage. What’s the connection between El Niño and La Niña? You can think of El Niño and La Niña as two faces of the same coin, where the coin is a phenomenon known as the El Niño Southern Oscillation (also referred to as ENSO). During an El Niño event, the tropical Pacific Ocean off South America’s western coast is warmer than the long-term average. During a La Niña event, or the other side of the coin, that same region is cooler than the long-term average. Temperature changes in the Pacific have huge impacts on weather systems globally. If sea surfaces are cooler during a La Niña phase, why do we expect warmer temperatures? Remember how the jet stream and associated storm systems are farther north of their climatological or typically expected positions? This change in the jet stream means that there could be less cloud cover over Texas, and more solar radiation can reach the land surface leading to sensible heating and warmer temperatures. About Dr. Nelun Fernando: As the Manager of the Water Availability Program at the TWDB, Dr. Fernando is in charge of providing programmatic direction and oversight for the technical assistance provided to the regional water planning process and the compilation of reservoir evaporation data used for water rights permitting and regional water planning. Dr. Fernando has expertise in drought diagnostics and early warning, coastal runoff modeling, and developing actionable climate information for water resource applications.
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Texas on Tap Published by: Texas Rural Water Association 1616 Rio Grande, Austin, TX 78701 www.trwa.org
TRWA Editorial Staff Lara Zent, Editor in Chief Allison Kaminsky, Managing Editor Kelsey Copeland, Art Director
Questions? General correspondence should be directed to your utility office. Editorial inquiries may be directed TRWA Communications Staff at (512) 472-8591 or editor@trwa.org