The utilities have administrative roadblocks as well as lack of knowledge on how the DWSRF program works. then why is he there ....calling all experts
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Minutes of the
TEXAS WATER DEVELOPMENT BOARD
September 17, 2003
Chairman E.G. Rod Pittman called to order the regular meeting of the Texas Water Development Board at 9:35 a.m. in Room 118 of the Stephen F. Austin Building, Austin, Texas. The following Board members were present, constituting a quorum:
E.G. Rod Pittman, Chairman
Jack Hunt, Vice Chairman
Thomas Weir Labatt III, Member
D.V. Guerra, Jr., Member
Members Wales H. Madden, Jr. and Bill Meadows were not present.
Members of Texas Water Development Board staff attending included: Jorge Arroyo, Dan Hardin, Gabriela Quiroga, Ignacio Madera, Jr., Bill Mullican, Suzanne Schwartz, Kevin Ward, and Otis Williams.
The following individuals were present:
Richard Acosta, Ramirez and Company
Dwayne “Sparky” Anderson, Clean Water Action
Tom Arndt, Dannenbaum Engineering Corporation
Carole Baker, Harris-Galveston Coastal Subsidence District
Anthony Bennett, Texas Commission on Environmental Quality
Evelyn Bonavita, Region L Water Planning Group
Laura Brock, Environmental Defense
Joseph Brown, Northridge Acres Homeowners’ Association
Nettie Brown, Northridge Acres Homeowners’ Association
John Bruciak, Brownsville Public Utilities Board
David Burnett, Texas A&M TWRI
Max Castaneda, City of Corpus Christi
Carmen Cernosek, Office of Lieutenant Governor David Dewhurst
James Dannenbaum, Dannenbaum Engineering Corporation
Anne Burger Entrekin, First Southwest Company
Bill Fox, Texas Water Resources Institute
Eduardo Garaña, City of Corpus Christi
Guy Goodson, Germer Gertz, L.L.P.
Herb Grubb, HDR Engineering
Bill Harris, TAMU/TAES/TWRI
George Janning, First Southwest Company
Keith Kindle, Turner Collie & Braden, Inc.
Dan Kohlhofer, Bolivar Peninsula Special Utility District
Ken Kramer, Sierra Club
J. A. Lazarus, Senate Natural Resources Committee
Mark Lowry, Turner Collie & Braden, Inc.
Ronald Massey, City of Corpus Christi
Carol McGarah, El Paso Public Service Board
Jennifer McKnight, Bolivar Peninsula Special Utility District
Mark McLiney, Southwest Securities
Lucas Meyers, Office of Representative Vilma Luna
Art Morales, Banc of America Securities
Susan Morgan, Brazos River Authority
James Murphy, Emerson Process Management
Craig Pederson, Brownsville Public Utilities Board
David Potter, First Albany Corporation
Keith Richard, Lehman Brothers
Tomas Rodriguez, Jr., Webb County Engineer
Andy Shea, Poseidon Resources
Sandra Simmons, Bolivar Peninsula Special Utility District
Steve Stevens, Mesa Water Inc.
Robert Tijerina, Estrada Hinojosa & Company, Inc.
Jerry Valdez, Pavlik-Valdez
Clarence Watson, U.S. Bancorp Piper Jaffray
Karin Werness, Banc One Capital Markets, Inc.
Dorothy Young, Texas Commission on Environmental Quality
Mr. Reggie Williams was recognized for his years of service upon his retirement.
The items on the formal agenda were considered in the following order.
1. CONSIDER APPROVAL OF AUGUST BOARD MEETING MINUTES.
Mr. Guerra moved to approve the minutes as submitted; Mr. Labatt seconded the motion; it passed unanimously 4-0.
2. BRIEFING AND DISCUSSION ON THE FINANCE COMMITTEE MEETING OF SEPTEMBER 2003.
Committee report was provided.
Consent
Mr. Hunt moved to approve the action requested by staff for the following items on the Consent Agenda with the exception of item no. 16 which was pulled at staff’s request and item no. 7 which was moved to the regular agenda. Mr. Guerra seconded the motion; it passed unanimously 4-0.
Tomas Rodriguez, Jr., Webb County engineer, addressed the Board to express his appreciation to the Board for considering the approval of the Webb County request for financial assistance.
3. FINANCIAL ASSISTANCE PROGRAMS PERFORMANCE REPORT.
4. CONTRACT STATUS REPORT.
5. CONSIDER APPROVING A REQUEST FROM WEBB COUNTY, TEXAS (WEBB COUNTY) FOR AN INCREASE OF $3,010,827 GRANT/LOAN FOR A TOTAL COMMITMENT OF $26,175,227 FOR THE CONSTRUCTION OF WATER AND WASTEWATER SYSTEM IMPROVEMENTS FOR THE CITIES OF EL CENIZO AND RIO BRAVO. (ECONOMICALLY DISTRESSED AREAS PROGRAM) (FINANCE-6/15/99 & 9/17/03)
6. CONSIDER APPROVING A REQUEST FROM ANGELINA WATER SUPPLY CORPORATION (ANGELINA COUNTY) FOR A $1,700,000 LOAN FROM THE RURAL WATER ASSISTANCE FUND TO FINANCE WATER SYSTEM IMPROVEMENTS, UTILIZING THE PRE-DESIGN FUNDING OPTION.
8. CONSIDER APPROVING A REQUEST FROM WYLIE NORTHEAST WATER SUPPLY CORPORATION (COLLIN COUNTY) FOR AN $882,000 LOAN FROM THE RURAL WATER ASSISTANCE FUND TO FINANCE IMPROVEMENTS TO THE WATER SYSTEM, UTILIZING THE PRE-DESIGN FUNDING OPTION.
9. CONSIDER APPROVING: (A) A $1,270,000 LOAN FROM THE RURAL WATER ASSISTANCE FUND TO BENTON CITY WATER SUPPLY CORPORATION (MEDINA, ATASCOSA, AND FRIO COUNTIES) TO FINANCE IMPROVEMENTS TO THE WATER SYSTEM; AND (B) TO RESCIND RESOLUTION NO. 03-28 WHICH APPROVED A LOAN COMMITMENT OF $1,270,000 FROM THE DRINKING WATER STATE REVOLVING FUND, UTILIZING THE PRE-DESIGN FUNDING OPTION.
10. CONSIDER AFFIRMING ENVIRONMENTAL FINDING AND APPROVING RELEASE OF FUNDS FOR DESIGN AND CONSTRUCTION FROM THE $1,200,000 LOAN TO THE CITY OF BRIDGEPORT (WISE COUNTY) FOR PROPOSED IMPROVEMENTS TO THE EXISTING WASTEWATER TREATMENT PLANT, UTILIZING THE PRE-DESIGN FUNDING OPTION (CLEAN WATER STATE REVOLVING FUND).
11. CONSIDER AFFIRMING ENVIRONMENTAL FINDING AND APPROVING RELEASE OF FUNDS FOR DESIGN AND CONSTRUCTION FROM THE $1,875,000 LOAN TO THE CITY OF PANHANDLE (CARSON COUNTY) FOR PROPOSED IMPROVEMENTS TO THE EXISTING WASTEWATER TREATMENT PLANT, UTILIZING THE PRE-DESIGN FUNDING OPTION (CLEAN WATER STATE REVOLVING FUND).
12. CONSIDER AFFIRMING ENVIRONMENTAL FINDING AND APPROVING RELEASE OF FUNDS FOR DESIGN AND CONSTRUCTION FROM THE $340,000 LOAN TO THE CITY OF MOUNT CALM (HILL COUNTY) FOR CONSTRUCTION OF AN ELEVATED WATER STORAGE TANK, UTILIZING THE PRE-DESIGN COMMITMENT OPTION (DRINKING WATER STATE REVOLVING FUND).
13. CONSIDER APPROVING A REQUEST FROM GOLDEN WATER SUPPLY CORPORATION (WOOD COUNTY) FOR PARTIAL RELEASE OF LIEN ON PROPERTY OWNED BY THE CORPORATION.
14. CONSIDER APPROVING THE FEDERAL FISCAL YEAR 2004 INTENDED USE PLAN FOR THE DRINKING WATER STATE REVOLVING FUND.
15. CONSIDER AUTHORIZING THE PUBLICATION OF: (A) PROPOSED AMENDMENTS TO 31 TAC CHAPTER 363, FINANCIAL ASSISTANCE PROGRAMS; AND (B) NOTICE OF INTENT TO REVIEW CHAPTER 363, AS REQUIRED BY GOVERNMENT CODE §2001.039.
16. CONSIDER AUTHORIZING THE PUBLICATION OF: (A) PROPOSED AMENDMENTS TO 31 TAC CHAPTER 354, MEMORANDA OF UNDERSTANDING; AND (B) NOTICE OF INTENT TO REVIEW CHAPTER 354, AS REQUIRED BY GOVERNMENT CODE §2001.039.
17. CONSIDER AUTHORIZING THE PUBLICATION OF: (A) PROPOSED AMENDMENTS TO 31 TAC CHAPTER 379, ADVISORY COMMITTEES; AND (B) NOTICE OF INTENT TO REVIEW CHAPTER 379, AS REQUIRED BY GOVERNMENT CODE §2001.039.
18. CONSIDER ADOPTION OF THE PREAMBLE AND AMENDMENTS TO 31 TAC CHAPTER 371, DRINKING WATER STATE REVOLVING FUND, RELATING TO LENDING RATES. (FINANCE 7/16/03)
19. CONSIDER APPROVING THE REGION C WATER PLANNING GROUP'S PLAN AMENDMENT NO. 2 TO INCREASE THE WATER DEMAND PROJECTIONS AND INCLUDE REUSE OF ATHENS WASTEWATER AS A RECOMMENDED WATER MANAGEMENT STRATEGY FOR THE CITY OF ATHENS, HENDERSON COUNTY.
20. CONSIDER AUTHORIZING STAFF TO PUBLISH A REQUEST FOR APPLICATIONS IN THE TEXAS REGISTER FOR A TOTAL AMOUNT NOT TO EXCEED $1,200,000 FROM THE RESEARCH AND PLANNING FUND FOR REGIONAL WATER AND WASTEWATER FACILITIES PLANNING AND FLOOD PROTECTION PLANNING.
21. CONSIDER AUTHORIZING THE EXECUTIVE ADMINISTRATOR AND THE DEVELOPMENT FUND MANAGER TO: (A) APPLY FOR RESERVATION OF UP TO $25 MILLION IN PRIVATE ACTIVITY BONDS FOR FY 2004 FROM THE TEXAS BOND REVIEW BOARD TO BE USED TO FUND PROJECTS FROM THE RURAL WATER ASSISTANCE FUND; (B) APPLY FOR A PORTION OF THE CARRY FORWARD ALLOCATION OF PRIVATE ACTIVITY BONDS IF AVAILABLE FROM THE 2003 PROGRAM YEAR; AND (C) CARRY OUT ALL ACTIVITIES RELATED TO THE APPLICATIONS FOR RESERVATIONS.
22. CONSIDER AUTHORIZING: (A) THE EXECUTIVE ADMINISTRATOR TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE CONTRACT WITH TURNER COLLIE & BRADEN INC. ON OR BEFORE OCTOBER 18, 2003, TO INCREASE THE CONSIDERATION FOR TWDB CONTRACT 02-0483-0473 BY AN AMOUNT NOT TO EXCEED $73,000, TO CONDUCT ADDITIONAL WATER RESEARCH THAT EVALUATES WATER AND WASTEWATER FACILITY NEEDS FOR COMMUNITIES IN BOARD-SPECIFIED ECONOMICALLY DISTRESSED AREAS PROGRAM (EDAP) ELIGIBLE COUNTIES SPECIFICALLY TO INCLUDE THE EL PASO COMPREHENSIVE PLANNING STUDY; AND (B) THE TRANSFER OF FUNDS FROM THE WATER ASSISTANCE FUND TO THE RESEARCH AND PLANNING FUND.
23. CONSIDER AUTHORIZING JORGE ARROYO AND HARI KRISHNA TO ATTEND THE INTERNATIONAL DESALINATION CONFERENCE SCHEDULED FOR SEPTEMBER 28 THROUGH OCTOBER 3, 2003.
Regular
24. BRIEFING AND DISCUSSION OF THE TWDB DESALINATION WORK PLAN.
Mr. Jorge Arroyo, Special Projects in the Office of Planning Division, remarked that it has been has been 16 months since the agency received the gubernatorial charge to pursue development of large-scale seawater desalination supplies. During that period of time, Texas Water Development Board (TWDB) has undertaken a significant and diverse level of effort to accomplish that charge and, at the same time, ensure a wider benefit to the entire state from the use of desalination technologies. Examples of these efforts are the actions to be considered under items no. 25 and no. 26. Item no. 25 is the consideration of applications from Brownsville Public Utilities Board, the City of Corpus Christi, and the Brazos River Authority – for regional water facility planning with a focus on seawater desalination sources; these studies constitute the next step in pursuing the development of the large-scale demonstration seawater desalination project. Item no. 26 presents a proposal to evaluate a promising technology that may be applicable to the cost-effective treatment of brackish groundwater.
Mr. Arroyo acknowledged the role that a wide network of support from academic researchers, project developers and sponsors, and state and federal agencies has provided in the implementation of the activities reflected in the work plan. House Bill No. 1370, adopted during the 78th Texas Legislative Session, gives the institutional framework for seeking development of seawater desalination sources and sets accountability for what the agency is trying to do by requiring biennial reports to the state leadership on progress made and remaining impediments to the use of large-scale seawater desalination. The interest in desalination in Texas is not new. For example, the first round of regional water plans considered water desalination strategies to meet their water needs. The increasing interest in seawater desalination is prompted by the dramatic improvements in desalination technologies, the need for drought proof water sources and the benefits of diversification of a water portfolio from a security standpoint.
The role of TWDB in this process is to demonstrate the feasibility of large-scale seawater desalination and to chart the way for the wider use of cost-effective desalination technologies in Texas. Mr. Arroyo stated that former chairman Wales Madden realized that this initiative was a valuable opportunity to explore the wider use of desalination technologies for the benefit of areas of the state with access to vast amount of brackish groundwater and that Mr. Madden directed staff to ensure that knowledge and information transferability is an integral part of the TWDB desalination program. The research component of the work plan addresses this interest.
Research is a key to the continued development of the cost-saving improvements to the technology. TWDB staff prepared and submitted two key research proposals to the U.S. Bureau of Reclamation (US BoR) Desalination Research Program. The US BoR approved funding for a proposal to assess the use of abandoned oil and gas wells for concentrated disposals.
Chairman Pittman expressed the importance of desalination for the future of Texas. He said that a recent report states that the areas in the state with the most water needs are also generally where brackish groundwater is available in quantities that could be used in future desalination. He expressed his enthusiasm in the potential that this process can have in helping to solve the water problems of the state. He noted that currently there are approximately 100 desalination facilities authorized to operate in the state. Mr. Labatt said the Desalination Work Plan was the correct strategy for the agency to pursue and that he believed staff’s efforts were appropriate.
25. CONSIDER AUTHORIZING: (A) THE EXECUTIVE ADMINISTRATOR TO NEGOTIATE AND EXECUTE CONTRACTS WITH BRAZOS RIVER AUTHORITY, THE CITY OF CORPUS CHRISTI AND BROWNSVILLE PUBLIC UTILITIES BOARD IN AN AMOUNT NOT TO EXCEED $500,000 EACH, FOR A TOTAL OF $1,500,000, FOR THE PREPARATION OF REGIONAL WATER FACILITY PLANNING; AND (B) THE TRANSFER OF FUNDS FROM THE WATER ASSISTANCE FUND TO THE RESEARCH AND PLANNING FUND.
Special Projects Director Jorge Arroyo stated that these three projects are similar but each brings a different issue to the table, which we can learn from. The minimum proposed service area for the Brownsville project is Cameron County. The project will address the potential benefit to be gained by reducing Brownsville’s dependence on the Rio Grade; this includes possible marketing of water rights that may be freed-up and could serve upstream users. This project will consider co-siting with a new power generation facility – this is of particular interest because integration of power generation and desalination operations is a source of significant cost-savings. The disposal of concentrate is also being researched.
Corpus Christi’s water needs are met until the year 2060; however, it is in an ideal location in terms of seawater desalination potential. A large-scale desalination plant in Corpus Christi may enable the release for marketing purposes of other water resources that could be used upstream via water trade-offs in the Lower Colorado, Guadalupe, San Antonio & Nueces basins.
The Freeport project is the result of a public-private partnership. The treatment facility will be located on the Dow Chemical Complex. The Brazos River Authority will look into providing water for the district and distributing the water to users located along Highway 288. This will open the opportunity for Brazos River Authority to use some of these water rights, currently tied up downstream, to provide and meet needs upstream in the basin.
Mr. John Bruciak, General Manager of the Brownville Public Utilities Board, expressed his appreciation to the Board for considering this project as a major desalination project in the state. The Brownsville facility will begin operation in October, with full operation beginning in January. He stated that the cooperation among the contractors allowed the facility to be completed ahead of schedule. With the completion of a large coal acquired generation facility in conjunction with the desalination project, the cost of water will be considerably lower. He said the Board will be invited to the ribbon cutting ceremonies which will take place in a few months.
In response to a question concerning permitting, Mr. Arroyo stated that the previously funding permitting roadmap study will be implemented shortly and the expectation is to have the results available for the use of the present regional water facility planning studies. The consultant for the permitting roadmap is Mr. Neil Callahan, who has been involved in the Tampa Bay project and has quite knowledgeable on permitting and desalination issues. Regarding a question concerning concentrate disposal and potential environmental issues, he stated that environmental review of the different alternatives is part of the scope of the proposed studies.
Mr. Gurerra moved to approve the staff recommendation; Mr. Labatt seconded the motion; it passed unanimously 4-0.
26. CONSIDER AUTHORIZING: (A) THE EXECUTIVE ADMINISTRATOR TO NEGOTIATE A CONTRACT ON OR BEFORE DECEMBER 17, 2003 WITH THE TEXAS WATER RESOURCES INSTITUTE IN AN AMOUNT NOT TO EXCEED $35,000 FOR A GRANT TO CONDUCT TESTING OF CDT INC. CAPACITIVE DISCHARGE DESALINATION TECHNOLOGY; AND (B) THE TRANSFER OF FUNDS FROM THE WATER ASSISTANCE FUND TO THE RESEARCH AND PLANNING FUND.
Jorge Arroyo, Special Projects Division, stated that this research will be used to evaluate an innovative process which has the potential to provide a cost-effective desalination treatment. The technology is a promising technology that may be used for brackish water desalination. It operates better in lower salinities of 5000 parts per million or less as the optimum range. Information reviewed estimates that this system can produce water at an approximate cost of $1.40 per 1000 gallons. Additional studies will evaluate the performance of technology for water supply purposes.
In response to questions, Mr. David Burnett from Texas A&M stated that the big advantage to this technology is that it works on lower power and is very interesting for purposes on rural applications requiring low volts. However, he stated that the capital expense is higher.
Mr. Labatt moved to approve the staff recommendation; Mr. Hunt seconded the motion; it passed unanimously 4-0.
7. CONSIDER APPROVING A REQUEST IN THE TOTAL AMOUNT OF $7,180,000 FROM BOLIVAR PENINSULA SPECIAL UTILITY DISTRICT (GALVESTON COUNTY) CONSISTING OF: (A) A $1,100,000 LOAN FROM THE TEXAS WATER DEVELOPMENT FUNDS TO FINANCE LAND EASEMENTS ACQUISITION, UTILIZING THE PRE-DESIGN FUNDING OPTION; AND (B) A $6,080,000 LOAN FROM THE DRINKING WATER STATE REVOLVING FUND TO FINANCE WATER SYSTEM IMPROVEMENTS, UTILIZING THE PRE-DESIGN COMMITMENT OPTION. (FINANCE 8/19/03)
Financial Analyst Gabriela Quiroga stated that the District’s Texas Water Development Funds (DFund) application is solely for the purpose of acquiring private easements in which to place a pipeline to deliver treated surface water to the upper half of the Bolivar Peninsula. The Drinking Water State Revolving Fund loan is for the construction of the pipeline to deliver water for the lower half of the peninsula. She said that the majority of the right-of-way acquisition is undeveloped agricultural tracts. She stated that the engineer is designing the transmission line to prevent blocking access to property or diminishing property values. She said that there are approximately 11 areas where existing improvements could possibly encroach into the 20-foot easement zone.
Ms. Quiroga said that rate increases will be required to service all of the district’s obligations and customers will have to pay higher rates. The rate increases are based on a base rate not per water usage. Another fee has been adopted which consists of a $450 reconnect fee, which is to prevent secondary homes from disconnecting during the off-season.
In response to questions concerning the right-of-way, Mr. Dan Kohlhofer, Bolivar Peninsula Special Utility District, stated that TxDot will be moving Highway 87 and purchasing the District’s own right-of-way will be more cost effective as well as being a preventative measure from having to relocate when the highway is moved.
Deputy Executive Administrator Ignacio Madera, Jr. stated that the landowners are being approached to donate the land for the easement. Condemning the property will be a last resort. Mr. Kohlhofer stated that three easements have currently been donated and that the majority of the 180 landowners are in favor of the easement.
In response to a question concerning the new line, Bolivar Peninsula Special Utility District General Manager Jennifer McKnight told the Board that the line will have to crossover the highway one time near Gilchrist and then cross back over. She said that the decision was made to seek a private easement because of more beach erosion, environmental issues, construction costs of existing lines in the TXDot right-of-way, and the possibility of the relocation of the highway. She stated that currently the peninsula has a two percent growth rate. She believes the growth will increase when the project is completed and good water is available to its customers.
Mr. Guerra moved to table this item until next month’s meeting; Mr. Labatt seconded the motion; it passed unanimously 4-0 to table the item until next month’s meeting.
27. CONSIDER APPROVING THE MEMBERS OF THE WATER CONSERVATION IMPLEMENTATION TASK FORCE, AS AUTHORIZED IN SENATE BILL 1094, 78TH LEGISLATURE, REGULAR SESSION.
Deputy Executive Administrator Bill Mullican gave a brief summary of the process involved in implementing the Water Conservation Task Force. He stated that staff had received, at the time of Board mailout, nominations for 89 individuals to be considered for membership of this Task Force. Mr. Mullican stated that the recommendation of the 32 nominees best meets the evaluation criteria while maintaining the size of the Task Force at a level conducive to effective meetings and development of required tasks. He said that the kick-off meeting for the Task Force will be held on September 29, 2003.
Mr. Hunt moved to approve the staff recommendation; Mr. Labatt seconded the motion; it passed unanimously 4-0.
28. CONSIDER APPROVING THE NEW WATER DEMAND PROJECTIONS FOR WATER PLANNING REGIONS A, G, H, L, N AND O, AND OF REVISED POPULATION PROJECTIONS FOR WATER PLANNING REGIONS H, L, AND O FOR THE 2006 REGIONAL WATER PLANS.
Mr. Dan Hardin, Water Uses Section Manager, stated that the projections have been reviewed by four state agencies – Texas Water Development Board, Texas Parks and Wildlife, Texas Commission on Environmental Quality, and Texas Department of Agriculture. All have concurred with recommended adoption of these projections. He stated the rate of change in future decades are based on demand categories – municipal, agricultural and industrial. He said that five of the six regions being considered requested revisions. Mr. Hardin gave a brief summary of the revisions in each region. Montgomery County in Region H and Hockley and Lubbock Counties in Region O have requested population revisions for specific water user groups through a redistribution of county population, with no increase in county or regional totals. Caldwell, Calhoun, and Goliad Counties in Region L have requested increased population projections.
Mr. Labatt moved to approve the staff recommendation; Mr. Hunt seconded the motion; it passed unanimously 4-0.
29. CONSIDER APPROVING RELEASE FOR PUBLIC COMMENT OF AMENDMENTS TO THE 2002 STATE WATER PLAN TO INCORPORATE ADOPTED AND APPROVED AMENDMENTS TO 2001 REGIONAL WATER PLANS.
Deputy Executive Administrator Bill Mullican stated that the requirements for amending the State Water Plan are the same as those that are required for adopting the original State Water Plan. It is necessary to incorporate the two amendments for Region C and Region M that were approved at the August Board meeting and the one that was approved at today’s meeting for Region C. Once amendments are published in the Texas Register, a public hearing will be held in Austin in early November and notices will be sent to all planning groups about these amendments.
He said that in November this item will be brought back to the Board for further consideration.
Mr. Labatt commented that everyone in the planning process throughout the state needs to be cognizant to water conservation. He stated that rather than building more projects, using less water can be effective.
Mr. Hunt moved to approve the staff recommendation; Mr. Guerra seconded the motion; it passed unanimously 4-0.
30. THE BOARD WILL RECEIVE COMMENTS FROM THE PUBLIC.
Mr. Dwayne “Sparky” Anderson, State Program Director with Clean Water Action, expressed his appreciation for the work involved in the Drinking Water State Revolving Fund (DWSRF) Intended Use Plan. He stated his concerns during the full legislative session, when several utilities came before legislative representation and asked for a rollback of protections under the Safe Drinking Water Act. Concerns exist with the utilities’ ability to comply with the Safe Drinking Water Act rule currently on the table as well as those being proposed by Environmental Protection Agency. Their primary concern has been funding mechanisms, such as how they would pay for improvements necessary to get into compliance or to stay in compliance. The utilities have administrative roadblocks as well as lack of knowledge on how the DWSRF program works. He asked the agency to look into ways to assist the utilities to stay in compliance instead of asking for rollback of standards. He suggested grants be considered and assisting the utilities in applying for various loan programs available to them.
Mr. Ward stated that the agency is engaging in a strategic planning process that begins next month. During the stakeholders meeting, people will be commenting on the agency’s mission statement and also commenting on strengths, weaknesses, opportunities and threats that the Board, state, and constituents will be facing over the next several years. He suggested that this will be an excellent forum to voice his concerns to the Board.
Ms. Nettie Brown, Northridge Acres Homeowners Association, expressed her appreciation to the Board for the various programs made available to non-border colonias. She stressed the needs of the community and asked the Board to expedite the progress of the programs. She also expressed her appreciation to the Board for tabling item no. 7 because of concerns for property owners facing condemnation of personal property.
31. THE BOARD WILL RECESS INTO EXECUTIVE SESSION TO CONSULT WITH ITS ATTORNEY REGARDING PENDING OR CONTEMPLATED LITIGATION AND/OR SETTLEMENT OFFERS, PURSUANT TO GOVERNMENT CODE §551.071 OR TO CONSIDER PERSONNEL ISSUES, PURSUANT TO GOVERNMENT CODE §551.074 AND WILL RECONVENE IN OPEN SESSION FOR ANY NECESSARY ACTION ON ANY SUCH MATTER CONSIDERED IN EXECUTIVE SESSION.
An executive session was not held.
The meeting adjourned at 11:30 a.m.
APPROVED and ordered of record this 15th day of October 2003.
TEXAS WATER DEVELOPMENT BOARD
___________________________________
E.G. Rod Pittman, Chairman
ATTEST:
____________________________
J. Kevin Ward
Executive Administrator
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Minutes of the
TEXAS WATER DEVELOPMENT BOARD
September 17, 2003
Chairman E.G. Rod Pittman called to order the regular meeting of the Texas Water Development Board at 9:35 a.m. in Room 118 of the Stephen F. Austin Building, Austin, Texas. The following Board members were present, constituting a quorum:
E.G. Rod Pittman, Chairman
Jack Hunt, Vice Chairman
Thomas Weir Labatt III, Member
D.V. Guerra, Jr., Member
Members Wales H. Madden, Jr. and Bill Meadows were not present.
Members of Texas Water Development Board staff attending included: Jorge Arroyo, Dan Hardin, Gabriela Quiroga, Ignacio Madera, Jr., Bill Mullican, Suzanne Schwartz, Kevin Ward, and Otis Williams.
The following individuals were present:
Richard Acosta, Ramirez and Company
Dwayne “Sparky” Anderson, Clean Water Action
Tom Arndt, Dannenbaum Engineering Corporation
Carole Baker, Harris-Galveston Coastal Subsidence District
Anthony Bennett, Texas Commission on Environmental Quality
Evelyn Bonavita, Region L Water Planning Group
Laura Brock, Environmental Defense
Joseph Brown, Northridge Acres Homeowners’ Association
Nettie Brown, Northridge Acres Homeowners’ Association
John Bruciak, Brownsville Public Utilities Board
David Burnett, Texas A&M TWRI
Max Castaneda, City of Corpus Christi
Carmen Cernosek, Office of Lieutenant Governor David Dewhurst
James Dannenbaum, Dannenbaum Engineering Corporation
Anne Burger Entrekin, First Southwest Company
Bill Fox, Texas Water Resources Institute
Eduardo Garaña, City of Corpus Christi
Guy Goodson, Germer Gertz, L.L.P.
Herb Grubb, HDR Engineering
Bill Harris, TAMU/TAES/TWRI
George Janning, First Southwest Company
Keith Kindle, Turner Collie & Braden, Inc.
Dan Kohlhofer, Bolivar Peninsula Special Utility District
Ken Kramer, Sierra Club
J. A. Lazarus, Senate Natural Resources Committee
Mark Lowry, Turner Collie & Braden, Inc.
Ronald Massey, City of Corpus Christi
Carol McGarah, El Paso Public Service Board
Jennifer McKnight, Bolivar Peninsula Special Utility District
Mark McLiney, Southwest Securities
Lucas Meyers, Office of Representative Vilma Luna
Art Morales, Banc of America Securities
Susan Morgan, Brazos River Authority
James Murphy, Emerson Process Management
Craig Pederson, Brownsville Public Utilities Board
David Potter, First Albany Corporation
Keith Richard, Lehman Brothers
Tomas Rodriguez, Jr., Webb County Engineer
Andy Shea, Poseidon Resources
Sandra Simmons, Bolivar Peninsula Special Utility District
Steve Stevens, Mesa Water Inc.
Robert Tijerina, Estrada Hinojosa & Company, Inc.
Jerry Valdez, Pavlik-Valdez
Clarence Watson, U.S. Bancorp Piper Jaffray
Karin Werness, Banc One Capital Markets, Inc.
Dorothy Young, Texas Commission on Environmental Quality
Mr. Reggie Williams was recognized for his years of service upon his retirement.
The items on the formal agenda were considered in the following order.
1. CONSIDER APPROVAL OF AUGUST BOARD MEETING MINUTES.
Mr. Guerra moved to approve the minutes as submitted; Mr. Labatt seconded the motion; it passed unanimously 4-0.
2. BRIEFING AND DISCUSSION ON THE FINANCE COMMITTEE MEETING OF SEPTEMBER 2003.
Committee report was provided.
Consent
Mr. Hunt moved to approve the action requested by staff for the following items on the Consent Agenda with the exception of item no. 16 which was pulled at staff’s request and item no. 7 which was moved to the regular agenda. Mr. Guerra seconded the motion; it passed unanimously 4-0.
Tomas Rodriguez, Jr., Webb County engineer, addressed the Board to express his appreciation to the Board for considering the approval of the Webb County request for financial assistance.
3. FINANCIAL ASSISTANCE PROGRAMS PERFORMANCE REPORT.
4. CONTRACT STATUS REPORT.
5. CONSIDER APPROVING A REQUEST FROM WEBB COUNTY, TEXAS (WEBB COUNTY) FOR AN INCREASE OF $3,010,827 GRANT/LOAN FOR A TOTAL COMMITMENT OF $26,175,227 FOR THE CONSTRUCTION OF WATER AND WASTEWATER SYSTEM IMPROVEMENTS FOR THE CITIES OF EL CENIZO AND RIO BRAVO. (ECONOMICALLY DISTRESSED AREAS PROGRAM) (FINANCE-6/15/99 & 9/17/03)
6. CONSIDER APPROVING A REQUEST FROM ANGELINA WATER SUPPLY CORPORATION (ANGELINA COUNTY) FOR A $1,700,000 LOAN FROM THE RURAL WATER ASSISTANCE FUND TO FINANCE WATER SYSTEM IMPROVEMENTS, UTILIZING THE PRE-DESIGN FUNDING OPTION.
8. CONSIDER APPROVING A REQUEST FROM WYLIE NORTHEAST WATER SUPPLY CORPORATION (COLLIN COUNTY) FOR AN $882,000 LOAN FROM THE RURAL WATER ASSISTANCE FUND TO FINANCE IMPROVEMENTS TO THE WATER SYSTEM, UTILIZING THE PRE-DESIGN FUNDING OPTION.
9. CONSIDER APPROVING: (A) A $1,270,000 LOAN FROM THE RURAL WATER ASSISTANCE FUND TO BENTON CITY WATER SUPPLY CORPORATION (MEDINA, ATASCOSA, AND FRIO COUNTIES) TO FINANCE IMPROVEMENTS TO THE WATER SYSTEM; AND (B) TO RESCIND RESOLUTION NO. 03-28 WHICH APPROVED A LOAN COMMITMENT OF $1,270,000 FROM THE DRINKING WATER STATE REVOLVING FUND, UTILIZING THE PRE-DESIGN FUNDING OPTION.
10. CONSIDER AFFIRMING ENVIRONMENTAL FINDING AND APPROVING RELEASE OF FUNDS FOR DESIGN AND CONSTRUCTION FROM THE $1,200,000 LOAN TO THE CITY OF BRIDGEPORT (WISE COUNTY) FOR PROPOSED IMPROVEMENTS TO THE EXISTING WASTEWATER TREATMENT PLANT, UTILIZING THE PRE-DESIGN FUNDING OPTION (CLEAN WATER STATE REVOLVING FUND).
11. CONSIDER AFFIRMING ENVIRONMENTAL FINDING AND APPROVING RELEASE OF FUNDS FOR DESIGN AND CONSTRUCTION FROM THE $1,875,000 LOAN TO THE CITY OF PANHANDLE (CARSON COUNTY) FOR PROPOSED IMPROVEMENTS TO THE EXISTING WASTEWATER TREATMENT PLANT, UTILIZING THE PRE-DESIGN FUNDING OPTION (CLEAN WATER STATE REVOLVING FUND).
12. CONSIDER AFFIRMING ENVIRONMENTAL FINDING AND APPROVING RELEASE OF FUNDS FOR DESIGN AND CONSTRUCTION FROM THE $340,000 LOAN TO THE CITY OF MOUNT CALM (HILL COUNTY) FOR CONSTRUCTION OF AN ELEVATED WATER STORAGE TANK, UTILIZING THE PRE-DESIGN COMMITMENT OPTION (DRINKING WATER STATE REVOLVING FUND).
13. CONSIDER APPROVING A REQUEST FROM GOLDEN WATER SUPPLY CORPORATION (WOOD COUNTY) FOR PARTIAL RELEASE OF LIEN ON PROPERTY OWNED BY THE CORPORATION.
14. CONSIDER APPROVING THE FEDERAL FISCAL YEAR 2004 INTENDED USE PLAN FOR THE DRINKING WATER STATE REVOLVING FUND.
15. CONSIDER AUTHORIZING THE PUBLICATION OF: (A) PROPOSED AMENDMENTS TO 31 TAC CHAPTER 363, FINANCIAL ASSISTANCE PROGRAMS; AND (B) NOTICE OF INTENT TO REVIEW CHAPTER 363, AS REQUIRED BY GOVERNMENT CODE §2001.039.
16. CONSIDER AUTHORIZING THE PUBLICATION OF: (A) PROPOSED AMENDMENTS TO 31 TAC CHAPTER 354, MEMORANDA OF UNDERSTANDING; AND (B) NOTICE OF INTENT TO REVIEW CHAPTER 354, AS REQUIRED BY GOVERNMENT CODE §2001.039.
17. CONSIDER AUTHORIZING THE PUBLICATION OF: (A) PROPOSED AMENDMENTS TO 31 TAC CHAPTER 379, ADVISORY COMMITTEES; AND (B) NOTICE OF INTENT TO REVIEW CHAPTER 379, AS REQUIRED BY GOVERNMENT CODE §2001.039.
18. CONSIDER ADOPTION OF THE PREAMBLE AND AMENDMENTS TO 31 TAC CHAPTER 371, DRINKING WATER STATE REVOLVING FUND, RELATING TO LENDING RATES. (FINANCE 7/16/03)
19. CONSIDER APPROVING THE REGION C WATER PLANNING GROUP'S PLAN AMENDMENT NO. 2 TO INCREASE THE WATER DEMAND PROJECTIONS AND INCLUDE REUSE OF ATHENS WASTEWATER AS A RECOMMENDED WATER MANAGEMENT STRATEGY FOR THE CITY OF ATHENS, HENDERSON COUNTY.
20. CONSIDER AUTHORIZING STAFF TO PUBLISH A REQUEST FOR APPLICATIONS IN THE TEXAS REGISTER FOR A TOTAL AMOUNT NOT TO EXCEED $1,200,000 FROM THE RESEARCH AND PLANNING FUND FOR REGIONAL WATER AND WASTEWATER FACILITIES PLANNING AND FLOOD PROTECTION PLANNING.
21. CONSIDER AUTHORIZING THE EXECUTIVE ADMINISTRATOR AND THE DEVELOPMENT FUND MANAGER TO: (A) APPLY FOR RESERVATION OF UP TO $25 MILLION IN PRIVATE ACTIVITY BONDS FOR FY 2004 FROM THE TEXAS BOND REVIEW BOARD TO BE USED TO FUND PROJECTS FROM THE RURAL WATER ASSISTANCE FUND; (B) APPLY FOR A PORTION OF THE CARRY FORWARD ALLOCATION OF PRIVATE ACTIVITY BONDS IF AVAILABLE FROM THE 2003 PROGRAM YEAR; AND (C) CARRY OUT ALL ACTIVITIES RELATED TO THE APPLICATIONS FOR RESERVATIONS.
22. CONSIDER AUTHORIZING: (A) THE EXECUTIVE ADMINISTRATOR TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE CONTRACT WITH TURNER COLLIE & BRADEN INC. ON OR BEFORE OCTOBER 18, 2003, TO INCREASE THE CONSIDERATION FOR TWDB CONTRACT 02-0483-0473 BY AN AMOUNT NOT TO EXCEED $73,000, TO CONDUCT ADDITIONAL WATER RESEARCH THAT EVALUATES WATER AND WASTEWATER FACILITY NEEDS FOR COMMUNITIES IN BOARD-SPECIFIED ECONOMICALLY DISTRESSED AREAS PROGRAM (EDAP) ELIGIBLE COUNTIES SPECIFICALLY TO INCLUDE THE EL PASO COMPREHENSIVE PLANNING STUDY; AND (B) THE TRANSFER OF FUNDS FROM THE WATER ASSISTANCE FUND TO THE RESEARCH AND PLANNING FUND.
23. CONSIDER AUTHORIZING JORGE ARROYO AND HARI KRISHNA TO ATTEND THE INTERNATIONAL DESALINATION CONFERENCE SCHEDULED FOR SEPTEMBER 28 THROUGH OCTOBER 3, 2003.
Regular
24. BRIEFING AND DISCUSSION OF THE TWDB DESALINATION WORK PLAN.
Mr. Jorge Arroyo, Special Projects in the Office of Planning Division, remarked that it has been has been 16 months since the agency received the gubernatorial charge to pursue development of large-scale seawater desalination supplies. During that period of time, Texas Water Development Board (TWDB) has undertaken a significant and diverse level of effort to accomplish that charge and, at the same time, ensure a wider benefit to the entire state from the use of desalination technologies. Examples of these efforts are the actions to be considered under items no. 25 and no. 26. Item no. 25 is the consideration of applications from Brownsville Public Utilities Board, the City of Corpus Christi, and the Brazos River Authority – for regional water facility planning with a focus on seawater desalination sources; these studies constitute the next step in pursuing the development of the large-scale demonstration seawater desalination project. Item no. 26 presents a proposal to evaluate a promising technology that may be applicable to the cost-effective treatment of brackish groundwater.
Mr. Arroyo acknowledged the role that a wide network of support from academic researchers, project developers and sponsors, and state and federal agencies has provided in the implementation of the activities reflected in the work plan. House Bill No. 1370, adopted during the 78th Texas Legislative Session, gives the institutional framework for seeking development of seawater desalination sources and sets accountability for what the agency is trying to do by requiring biennial reports to the state leadership on progress made and remaining impediments to the use of large-scale seawater desalination. The interest in desalination in Texas is not new. For example, the first round of regional water plans considered water desalination strategies to meet their water needs. The increasing interest in seawater desalination is prompted by the dramatic improvements in desalination technologies, the need for drought proof water sources and the benefits of diversification of a water portfolio from a security standpoint.
The role of TWDB in this process is to demonstrate the feasibility of large-scale seawater desalination and to chart the way for the wider use of cost-effective desalination technologies in Texas. Mr. Arroyo stated that former chairman Wales Madden realized that this initiative was a valuable opportunity to explore the wider use of desalination technologies for the benefit of areas of the state with access to vast amount of brackish groundwater and that Mr. Madden directed staff to ensure that knowledge and information transferability is an integral part of the TWDB desalination program. The research component of the work plan addresses this interest.
Research is a key to the continued development of the cost-saving improvements to the technology. TWDB staff prepared and submitted two key research proposals to the U.S. Bureau of Reclamation (US BoR) Desalination Research Program. The US BoR approved funding for a proposal to assess the use of abandoned oil and gas wells for concentrated disposals.
Chairman Pittman expressed the importance of desalination for the future of Texas. He said that a recent report states that the areas in the state with the most water needs are also generally where brackish groundwater is available in quantities that could be used in future desalination. He expressed his enthusiasm in the potential that this process can have in helping to solve the water problems of the state. He noted that currently there are approximately 100 desalination facilities authorized to operate in the state. Mr. Labatt said the Desalination Work Plan was the correct strategy for the agency to pursue and that he believed staff’s efforts were appropriate.
25. CONSIDER AUTHORIZING: (A) THE EXECUTIVE ADMINISTRATOR TO NEGOTIATE AND EXECUTE CONTRACTS WITH BRAZOS RIVER AUTHORITY, THE CITY OF CORPUS CHRISTI AND BROWNSVILLE PUBLIC UTILITIES BOARD IN AN AMOUNT NOT TO EXCEED $500,000 EACH, FOR A TOTAL OF $1,500,000, FOR THE PREPARATION OF REGIONAL WATER FACILITY PLANNING; AND (B) THE TRANSFER OF FUNDS FROM THE WATER ASSISTANCE FUND TO THE RESEARCH AND PLANNING FUND.
Special Projects Director Jorge Arroyo stated that these three projects are similar but each brings a different issue to the table, which we can learn from. The minimum proposed service area for the Brownsville project is Cameron County. The project will address the potential benefit to be gained by reducing Brownsville’s dependence on the Rio Grade; this includes possible marketing of water rights that may be freed-up and could serve upstream users. This project will consider co-siting with a new power generation facility – this is of particular interest because integration of power generation and desalination operations is a source of significant cost-savings. The disposal of concentrate is also being researched.
Corpus Christi’s water needs are met until the year 2060; however, it is in an ideal location in terms of seawater desalination potential. A large-scale desalination plant in Corpus Christi may enable the release for marketing purposes of other water resources that could be used upstream via water trade-offs in the Lower Colorado, Guadalupe, San Antonio & Nueces basins.
The Freeport project is the result of a public-private partnership. The treatment facility will be located on the Dow Chemical Complex. The Brazos River Authority will look into providing water for the district and distributing the water to users located along Highway 288. This will open the opportunity for Brazos River Authority to use some of these water rights, currently tied up downstream, to provide and meet needs upstream in the basin.
Mr. John Bruciak, General Manager of the Brownville Public Utilities Board, expressed his appreciation to the Board for considering this project as a major desalination project in the state. The Brownsville facility will begin operation in October, with full operation beginning in January. He stated that the cooperation among the contractors allowed the facility to be completed ahead of schedule. With the completion of a large coal acquired generation facility in conjunction with the desalination project, the cost of water will be considerably lower. He said the Board will be invited to the ribbon cutting ceremonies which will take place in a few months.
In response to a question concerning permitting, Mr. Arroyo stated that the previously funding permitting roadmap study will be implemented shortly and the expectation is to have the results available for the use of the present regional water facility planning studies. The consultant for the permitting roadmap is Mr. Neil Callahan, who has been involved in the Tampa Bay project and has quite knowledgeable on permitting and desalination issues. Regarding a question concerning concentrate disposal and potential environmental issues, he stated that environmental review of the different alternatives is part of the scope of the proposed studies.
Mr. Gurerra moved to approve the staff recommendation; Mr. Labatt seconded the motion; it passed unanimously 4-0.
26. CONSIDER AUTHORIZING: (A) THE EXECUTIVE ADMINISTRATOR TO NEGOTIATE A CONTRACT ON OR BEFORE DECEMBER 17, 2003 WITH THE TEXAS WATER RESOURCES INSTITUTE IN AN AMOUNT NOT TO EXCEED $35,000 FOR A GRANT TO CONDUCT TESTING OF CDT INC. CAPACITIVE DISCHARGE DESALINATION TECHNOLOGY; AND (B) THE TRANSFER OF FUNDS FROM THE WATER ASSISTANCE FUND TO THE RESEARCH AND PLANNING FUND.
Jorge Arroyo, Special Projects Division, stated that this research will be used to evaluate an innovative process which has the potential to provide a cost-effective desalination treatment. The technology is a promising technology that may be used for brackish water desalination. It operates better in lower salinities of 5000 parts per million or less as the optimum range. Information reviewed estimates that this system can produce water at an approximate cost of $1.40 per 1000 gallons. Additional studies will evaluate the performance of technology for water supply purposes.
In response to questions, Mr. David Burnett from Texas A&M stated that the big advantage to this technology is that it works on lower power and is very interesting for purposes on rural applications requiring low volts. However, he stated that the capital expense is higher.
Mr. Labatt moved to approve the staff recommendation; Mr. Hunt seconded the motion; it passed unanimously 4-0.
7. CONSIDER APPROVING A REQUEST IN THE TOTAL AMOUNT OF $7,180,000 FROM BOLIVAR PENINSULA SPECIAL UTILITY DISTRICT (GALVESTON COUNTY) CONSISTING OF: (A) A $1,100,000 LOAN FROM THE TEXAS WATER DEVELOPMENT FUNDS TO FINANCE LAND EASEMENTS ACQUISITION, UTILIZING THE PRE-DESIGN FUNDING OPTION; AND (B) A $6,080,000 LOAN FROM THE DRINKING WATER STATE REVOLVING FUND TO FINANCE WATER SYSTEM IMPROVEMENTS, UTILIZING THE PRE-DESIGN COMMITMENT OPTION. (FINANCE 8/19/03)
Financial Analyst Gabriela Quiroga stated that the District’s Texas Water Development Funds (DFund) application is solely for the purpose of acquiring private easements in which to place a pipeline to deliver treated surface water to the upper half of the Bolivar Peninsula. The Drinking Water State Revolving Fund loan is for the construction of the pipeline to deliver water for the lower half of the peninsula. She said that the majority of the right-of-way acquisition is undeveloped agricultural tracts. She stated that the engineer is designing the transmission line to prevent blocking access to property or diminishing property values. She said that there are approximately 11 areas where existing improvements could possibly encroach into the 20-foot easement zone.
Ms. Quiroga said that rate increases will be required to service all of the district’s obligations and customers will have to pay higher rates. The rate increases are based on a base rate not per water usage. Another fee has been adopted which consists of a $450 reconnect fee, which is to prevent secondary homes from disconnecting during the off-season.
In response to questions concerning the right-of-way, Mr. Dan Kohlhofer, Bolivar Peninsula Special Utility District, stated that TxDot will be moving Highway 87 and purchasing the District’s own right-of-way will be more cost effective as well as being a preventative measure from having to relocate when the highway is moved.
Deputy Executive Administrator Ignacio Madera, Jr. stated that the landowners are being approached to donate the land for the easement. Condemning the property will be a last resort. Mr. Kohlhofer stated that three easements have currently been donated and that the majority of the 180 landowners are in favor of the easement.
In response to a question concerning the new line, Bolivar Peninsula Special Utility District General Manager Jennifer McKnight told the Board that the line will have to crossover the highway one time near Gilchrist and then cross back over. She said that the decision was made to seek a private easement because of more beach erosion, environmental issues, construction costs of existing lines in the TXDot right-of-way, and the possibility of the relocation of the highway. She stated that currently the peninsula has a two percent growth rate. She believes the growth will increase when the project is completed and good water is available to its customers.
Mr. Guerra moved to table this item until next month’s meeting; Mr. Labatt seconded the motion; it passed unanimously 4-0 to table the item until next month’s meeting.
27. CONSIDER APPROVING THE MEMBERS OF THE WATER CONSERVATION IMPLEMENTATION TASK FORCE, AS AUTHORIZED IN SENATE BILL 1094, 78TH LEGISLATURE, REGULAR SESSION.
Deputy Executive Administrator Bill Mullican gave a brief summary of the process involved in implementing the Water Conservation Task Force. He stated that staff had received, at the time of Board mailout, nominations for 89 individuals to be considered for membership of this Task Force. Mr. Mullican stated that the recommendation of the 32 nominees best meets the evaluation criteria while maintaining the size of the Task Force at a level conducive to effective meetings and development of required tasks. He said that the kick-off meeting for the Task Force will be held on September 29, 2003.
Mr. Hunt moved to approve the staff recommendation; Mr. Labatt seconded the motion; it passed unanimously 4-0.
28. CONSIDER APPROVING THE NEW WATER DEMAND PROJECTIONS FOR WATER PLANNING REGIONS A, G, H, L, N AND O, AND OF REVISED POPULATION PROJECTIONS FOR WATER PLANNING REGIONS H, L, AND O FOR THE 2006 REGIONAL WATER PLANS.
Mr. Dan Hardin, Water Uses Section Manager, stated that the projections have been reviewed by four state agencies – Texas Water Development Board, Texas Parks and Wildlife, Texas Commission on Environmental Quality, and Texas Department of Agriculture. All have concurred with recommended adoption of these projections. He stated the rate of change in future decades are based on demand categories – municipal, agricultural and industrial. He said that five of the six regions being considered requested revisions. Mr. Hardin gave a brief summary of the revisions in each region. Montgomery County in Region H and Hockley and Lubbock Counties in Region O have requested population revisions for specific water user groups through a redistribution of county population, with no increase in county or regional totals. Caldwell, Calhoun, and Goliad Counties in Region L have requested increased population projections.
Mr. Labatt moved to approve the staff recommendation; Mr. Hunt seconded the motion; it passed unanimously 4-0.
29. CONSIDER APPROVING RELEASE FOR PUBLIC COMMENT OF AMENDMENTS TO THE 2002 STATE WATER PLAN TO INCORPORATE ADOPTED AND APPROVED AMENDMENTS TO 2001 REGIONAL WATER PLANS.
Deputy Executive Administrator Bill Mullican stated that the requirements for amending the State Water Plan are the same as those that are required for adopting the original State Water Plan. It is necessary to incorporate the two amendments for Region C and Region M that were approved at the August Board meeting and the one that was approved at today’s meeting for Region C. Once amendments are published in the Texas Register, a public hearing will be held in Austin in early November and notices will be sent to all planning groups about these amendments.
He said that in November this item will be brought back to the Board for further consideration.
Mr. Labatt commented that everyone in the planning process throughout the state needs to be cognizant to water conservation. He stated that rather than building more projects, using less water can be effective.
Mr. Hunt moved to approve the staff recommendation; Mr. Guerra seconded the motion; it passed unanimously 4-0.
30. THE BOARD WILL RECEIVE COMMENTS FROM THE PUBLIC.
Mr. Dwayne “Sparky” Anderson, State Program Director with Clean Water Action, expressed his appreciation for the work involved in the Drinking Water State Revolving Fund (DWSRF) Intended Use Plan. He stated his concerns during the full legislative session, when several utilities came before legislative representation and asked for a rollback of protections under the Safe Drinking Water Act. Concerns exist with the utilities’ ability to comply with the Safe Drinking Water Act rule currently on the table as well as those being proposed by Environmental Protection Agency. Their primary concern has been funding mechanisms, such as how they would pay for improvements necessary to get into compliance or to stay in compliance. The utilities have administrative roadblocks as well as lack of knowledge on how the DWSRF program works. He asked the agency to look into ways to assist the utilities to stay in compliance instead of asking for rollback of standards. He suggested grants be considered and assisting the utilities in applying for various loan programs available to them.
Mr. Ward stated that the agency is engaging in a strategic planning process that begins next month. During the stakeholders meeting, people will be commenting on the agency’s mission statement and also commenting on strengths, weaknesses, opportunities and threats that the Board, state, and constituents will be facing over the next several years. He suggested that this will be an excellent forum to voice his concerns to the Board.
Ms. Nettie Brown, Northridge Acres Homeowners Association, expressed her appreciation to the Board for the various programs made available to non-border colonias. She stressed the needs of the community and asked the Board to expedite the progress of the programs. She also expressed her appreciation to the Board for tabling item no. 7 because of concerns for property owners facing condemnation of personal property.
31. THE BOARD WILL RECESS INTO EXECUTIVE SESSION TO CONSULT WITH ITS ATTORNEY REGARDING PENDING OR CONTEMPLATED LITIGATION AND/OR SETTLEMENT OFFERS, PURSUANT TO GOVERNMENT CODE §551.071 OR TO CONSIDER PERSONNEL ISSUES, PURSUANT TO GOVERNMENT CODE §551.074 AND WILL RECONVENE IN OPEN SESSION FOR ANY NECESSARY ACTION ON ANY SUCH MATTER CONSIDERED IN EXECUTIVE SESSION.
An executive session was not held.
The meeting adjourned at 11:30 a.m.
APPROVED and ordered of record this 15th day of October 2003.
TEXAS WATER DEVELOPMENT BOARD
___________________________________
E.G. Rod Pittman, Chairman
ATTEST:
____________________________
J. Kevin Ward
Executive Administrator
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