On September 24, 2014, Kenneth Cook from WaterCentric joined us at the North Texas Commission offices to discuss Texas Water Rights and Alternative Sourcing. The North Texas Commission Webinar Series, Topic: North Texas, is presented by Verizon.

1. UNDERSTANDING
Developing Alternative Sources
Texas Water Rights &

3. Kenneth W. Cook
CEO, WaterCentric, LLC
Board Chair, Trinity Waters
September 24, 2014 Understanding Texas Water Rights in Developing Alternative Sources

4. It’s “One Water”

5. History of Texas Water Law
1600’s
•Spanish Water Law
1800’s
•1840 English Common Law
•Riparian rights
1900’s
•1967 Adjudication Act
•Merged Riparian & Appropriation
2000’s
•2001 Senate Bill 2
•2012 State Water Plan
•2013 SWIFT

6. Waters of State
Under Section 26.001 of the Texas Water Code, "water in the state" has a specific meaning: "Water" or "water in the state" means groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.

7. Waters of United States
Under Clean Water Act, “Waters of the US" the US EPA and Corp of Engineers define as: Traditional navigable waters; interstate waters, including interstate wetlands; the territorial seas; impoundments of traditional navigable waters, interstate waters, including interstate wetlands, the territorial seas, and tributaries, as defined, of such waters; tributaries, as defined, of traditional navigable waters, interstate waters, or the territorial seas and adjacent waters, including adjacent wetlands.

8. Texas Water Classifications Groundwater - landowners do not own the (ground) water but have a right only to pump and capture whatever water is available, regardless of the effects of that pumping on neighboring wells. Surface water, on the other hand, belongs to the state of Texas. It can be used by a landowner only with the state's permission.
Drainage Water or Diffused surface water, is often called storm water, drainage water or surface runoff. Atmospheric water or water that is held in the air.

9. Surface Water
Belongs to the state of Texas. It can be used by a landowner only with the state's permission. (Dual-Doctrine)
Riparian
Prior appropriation
Pre July 1, 1895 carried with land grants, if specifically documented
Post July 1, 1895, acquire from state
Adjudication Act 1967 – Unified water permit system

10. Surface Water Rights Permit Types
Certificate of Adjudication
Purchase or Lease
Inter-basin Transfer
Dry-year Contract
Transfer Conserved Water Permit Details
Specified amount of water
Specific location
Specific use Exemptions
Domestic &/or Livestock use (D&L)
Wildlife management (added in 2001 Senate Bill 2)
Emergency or other specified use

11. Groundwater English Rule – Right of Capture
Texas Supreme Court adopted 1904 (Houston)
Re-affirmed 1955 – ruled State has right to regulate, if it choses. Texas Groundwater Act 1949 - Authorized formation groundwater districts, limited authority Senate Bill 1 1997 recognizes GWD as Sate preferred method of managing groundwater resources

12. Groundwater Districts (GWD) 99 Established GWD 8.3 MAF total measured * consumption last year Ogallala districts accounted for 5.6 MAF (67%) North Texas GWD’s Northern Trinity GWD (2007) – Tarrant County North Texas GWD (2009) – Denton, Cooke, Collin Counties Prairielands GWD (2009) – Ellis, Johnson, Hill Counties Dallas, Rockwall. Kaufman Counties GWD not formed – managed by local municipalities authorized to deliver water

13. Groundwater Districts (GWD)

14. Atmospheric Water State Court Ruling 1958 – Landowners natural right to precipitation falling to land Texas Water Development Board
•Weather Modification Act 1967
•Texas Water Commission – permitting

15. Diffused Surface Water Common Enemy Rule - drainage water is regarded as an enemy common to all landowners. The law allows every owner to take any measure to protect property, regardless of the consequences to other neighbors. Natural Flow or Civil Law Rule - each landowner is entitled to rely upon continuation of the natural flow. A landowner who increases runoff, thereby causing flooding, is liable for damages. Reasonable Flow - landowners can divert or change drainage water, even to the extent of harming adjoining neighbors, so land as the diverter's actions are "reasonable" considering all circumstances

16. What does this mean to me?
Permitting cost/ time?
Property Valuation?
Property Transfer?

17. Your Ranch Border Example Step #1 – Build a Pond Stream & Pond are Jurisdictional Waters of State Domestic & Livestock Use is Exempt (D&L)

18. Commercial Development Border Step #2 – Land Plan Development Domestic & Livestock Use is Exempt (D&L) LOST Reroute streams to maximize plan Drill Water well Irrigation pump

19. Commercial Development Border Step #3 – Permits Required WOS/ WUS (COE “404”) Stream Wetland Water body Mitigation Recreational Storage (TCEQ) Dam safety (+10’Ht) Maintenance plan Bed & Banks (TCEQ) Water Rights Well (GWD) Drilling Extraction Consumption & Fee

20. Commercial Development Border Off-Channel Storage Stream is Jurisdictional Waters of State Site Drain to pond Run-off Condensate Permits Required Well (GWD) Drilling Extraction Consumption & Fee

21. Managing for Impact
Measure everything (meter) Monitor for leaks and unwanted use (real-time data) Convert to non-potable sources where practical (alternative source) Treat use as necessity (prioritize wants, needs, necessity) Recycle and reuse wastewater Harvest excess for later (run-off, condensate) Allocate pro-rata to environment Reduce energy demands (nexus)

22. Kenneth W. Cook
CEO, WaterCentric, LLC
Board Chair, Trinity Waters
September 24, 2014 Thank You!

23. Kenneth W. Cook spent years developing a comprehensive water management software and performance based service where it earned numerous awards and recognition including the U.S. EPA Water Efficiency Leader in 2008 and two-time Texas A&M Aggie 100 List. Now leading WaterCentric continuing to expanded water conservation strategies and methodologies, documenting billions of gallons water saved in commercial property.
As one of eleven American Delegates to the recent Australian Water Issues and Capability Study Tour, Kenneth returned from the tour with a newfound perspective on the long term impacts of drought and climate shift, and a renewed commitment for filling the missing link between water management and preserving our living environment. Today he is actively working with local, state and federal authorities to create Public Private Partnerships focused on creating sustainable impacts on water and energy reduction in urban water conservation efforts.
Kenneth continues to foster his pledge to water conservation as a cluster member with other delegates from the Australian study tour centered on intellectual property in water management between Australia and the United States.
kwcook@h2ocentric.com
800-476-0812 About The Speaker

24. Texas-based, privately owned company providing implementation of water and energy efficiency products and services to meet our customers’ needs while monitoring the results achieved. WaterCentric provides long-term water strategies, water rights permitting and alternative source implementation to meet our development clients project demand. We are experienced vetting agents for policies, strategies and activities to manage water as a sustainable resource, to protect our environment and meet current and future human and environment demand. Mission To help our clients adequately prepare for future water needs, reclaim lost or wasted water, instill accountability and restore value in water through implementation of vetted science-based, technology, practices and efficiencies for all water consumed. Vision In helping others understand the impact they can make on their environment and natural resources by reducing their own water consumption, they will.
www.h2ocentric.com
800-476-0812

25. A 501 (c) 3 Not For Profit Organization Mission Statement TRINITY WATERS is dedicated to improving the quality of life, economic sustainability and ecological integrity of areas associated with the Trinity River Basin through a role as a bonding agent of local communities, governmental organizations, non‐governmental organizations and stewards of public and private lands in their pursuit of transformation of the Trinity River Basin to improve the state’s vital water resource. Values Statement We value high quality of life and economic sustainability, a natural environment that is protected for future well‐being, with an emphasis on the welfare of people who experience lifestyles of sufficiency through both economic and ecological sustainability. We will conduct our businesses and partnerships in an honest and forthright manner and will encourage others to do the same. Other things of value to us are strong family units who work and value the land, financial sustainability, personal growth and development, and meaningful fellowship amongst ourselves.
www.Trinitywaters.org
800-403-9022

26. Acknowledgements
Hans W. Baade, "The Historical Background of Texas Water Law-A Tribute to Jack Pope," St. Mary's Law Journal18 (1986). Betty Eakle Dobkins, The Spanish Element in Texas Water Law (Austin: University of Texas Press, 1959). Rodney Gerick, "Legal Aspects of Weather Modification in Texas," Baylor Law Review 25 (Summer 1973). Thomas F. Glick, The Old World Background of the Irrigation System of San Antonio (El Paso: Texas Western Press, 1972). In re the Adjudication of the Water Rights of the Upper Guadalupe Segment of the Guadalupe River Basin, 642 S.W. 2d 438 (Tex. 1982). Joseph W. McKnight, "The Spanish Watercourses of Texas," in Essays in Legal History in Honor of Felix Frankfurter (New York: Bobbs-Merrill, 1966).State v. Valmont Plantations, 346 S.W. 2d 853 ((Tex. 1962). Otis W. Templer, "Texas Ground Water Law: Inflexible Institutions and Resource Realities," Ecumene 10 (April 1978). Otis W. Templer, "Weather Modification: A Controversial Issue on the Texas High Plains," Journal of Arid Environments 4 (March 1981). Texas Water Development Board, Texas Water Plan 2012 (Austin, 2012).
Federal Register, Vol 79, No. 76 (April 2014)