Texas Border Business
By DAVID A. DIAZ
The access and management of water for farmers and ranchers, as well as the potential uses of industrial hemp and the economic feasibility of developing an industrial hemp market, are among 18 issues being closely reviewed by two committees in the Texas Legislature.
The Texas Senate Committee on Agriculture, Water & Rural Affairs and the Texas House of Representatives Committee on Agriculture & Livestock have been holding separate public hearings throughout the state on 18 matters since the beginning of 2018.
Their findings could lead to proposed legislation for review and action by the 86th Texas Legislature, which returns to work in early January 2019 for its five-month regular session.
The activities of both legislative committees are as a result of interim charges assigned, respectively, by Lt. Gov. Dan Patrick, R-Houston, and Speaker of the House Joe Straus, R-San Antonio, in the Fall of 2017.
The interim is the 19-month period between regular sessions. The interim charges are issues that are studied during the interim for the purposed of making recommendations to the next legislature.
SENATE COMMITTEE ON AGRICULTURE, WATER & RURAL AFFAIRS
The Texas Senate Committee on Agriculture, Water & Rural Affairs is led by Sen. Charles Perry, R-Lubbock, who serves as Chair.
The seven-member legislative panel also includes Sen. José Rodríguez, D-El Paso, who is Vice Chair.
The remaining five members of the Senate Committee on Agriculture, Water & Rural Affairs are, in alphabetical order: Sen. Brandon Creighton, R- Conroe; Sen. Bob Hall, R-Edgewood; Sen. Juan “Chuy” Hinojosa, D-McAllen; Sen. Lois Kolkhorst, R-Brenham; and Sen. Borris L. Miles, D-Houston.
These are some of the key interim charges being studied by the Texas Senate Committee on Agriculture, Water & Rural Affairs, with a final report on its findings to be available to the public and posted online by the end of 2018:
Streamlining Water Permitting
• Study and recommend changes that promote streamlining of water right permit issuance and the amendment process by the Texas Commission on Environmental Quality (TCEQ) for surface water, and that promote uniform and streamline permitting by groundwater conservation districts for groundwater.
• Evaluate more transparent process needs and proper valuation of water.
• TCEQ is the environmental agency for the state. Its mission is to protect the state’s public health and natural resources consistent with sustainable economic development. Their goal is clean air, clean water, and the safe management of waste (https://www.tceq.texas.gov);
Surface Water in Texas is owned by the state and held in trust for the citizens of the state. The state grants the right to use this water to different people, such as farmers or ranchers, cities, industries, business, and other public and private interests.
Texas Water Code Section 11.02 defines surface water to include all of the “water under ordinary flow, underflow and tides of every flowing river, natural stream, lake, bay, arm of the Gulf of Mexico, and stormwater, floodwater or rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state.” (https://agrilife.org/texasaglaw/2013/09/30/texas-water-basics-of-surface-water-law/).
Regulatory Framework of Groundwater Conservation Districts and River Authorities
• Study and make recommendations on the regulatory framework for managing groundwater in Texas to ensure that private property rights are being sufficiently protected.
• Study the role of river authorities and groundwater conservation districts including the state’s oversight role of their operations and fees imposed.
Texas has numerous aquifers capable of producing groundwater for households, municipalities, industry, farms, and ranches. The Texas Water Development Board (TWDB) recognizes 9 major aquifers − that produce large amounts of water over large areas (see major aquifers map) − and 21 minor aquifers − that produce minor amounts of water over large areas or large amounts of water over small areas (see minor aquifers map)
Agricultural
• Review licensing, permitting, or registration requirements and fees imposed on the agriculture industry by licensing agencies within the committee’s jurisdiction. Make recommendations for state licenses and fees that should be reduced, repealed or transitioned to private-sector enforcement.
Monitoring
• Monitor the implementation of legislation addressed by the Senate Committee on Agriculture, Water & Rural Affairs during the 85th Legislature, Regular Session, including, but not limited to:
Senate Bill 1511 (prioritization in the regional water plan);
Senate Bill 1538 (Floodplain Management Account uses);
Senate Bill 864 (GCD application of state water);
House Bill 2004 (Texas economic development fund for TDA); and
House Bill 3433 (Adoption of rules affecting rural communities). Make recommendations for any legislative improvements needed to improve, enhance, or complete implementation including regional water planning, flood planning, and groundwater production.
Hurricane Harvey Response
- Study and make recommendations on how to move forward with water infrastructure projects in the State Water Plan that will help mitigate floods through flood control, diversion, and storage projects.
- Evaluate plans for a possible third reservoir in addition to Addicks and Barker to control and alleviate additional flooding in the region. Additionally, review the current status of reservoir projects in Texas.
- Examine opportunities for coordination between federal and state agencies to develop flood mitigation infrastructure, and the ongoing maintenance and restoration of critical dam infrastructure.
- Study and identify ways to improve the capacity and maintain the structure of the Addicks and Barker Reservoirs.
- Report on mechanisms that would ensure the public has access to timely and transparent release figures from reservoirs across the state.
- Evaluate current state data-sharing standards for rainfall and stream gauges and whether regional flood management projects and flood warnings should be hosted in a centralized location, such as a state agency web page.
- Determine whether a statewide real-time flood warning system could be developed and coordinated through mobile devices, TxDOT electronic signage, communication devices and whether existing local and regional forecasting infrastructure could be integrated into a centralized inclement weather forecasting system.
More information on the upcoming legislative report by the Texas Senate Committee on Agriculture, Water & Rural Affairs is available by contacting any of the following staff members at the Texas Capitol:
Matthew Dowling
Chief of Staff
Sen. Charles Perry, R-Lubbock
matthew.Dowling@Senate.Texas.gov
Jillian Miles
Scheduler and Office Manager
Sen. Charles Perry, R-Lubbock
jillian.Myles@Senate.Texas.gov
Lauren Murray
Chief Clerk
Texas Senate Committee on Agriculture, Water & Rural Affairs
lauren.Murray_SC@Senate.Texas.gov
Katherine Thigpen
Director
Texas Senate Committee on Agriculture, Water, & Rural Affairs
