Livestock Weekly
April 21, 2011
By Colleen Schreiber
SAN ANTONIO — In Texas oil and gas is definitely still king, and nowhere is that more evident than in South Texas, where the Eagle Ford shale play is making money hand over fist for many fortunate landowners. However, as wonderful as that income may be, rarely do such treasures come without at least some give and take, and mostly it’s give on the part of the landowners.
For example, in the case of groundwater, the oil and gas companies have the upper hand because in Texas the holder of the oil and gas lease is considered to be the dominant estate.
“One of the principals that the courts in Texas have applied is that, in the absence of some contractual agreement between the parties in the lease specifying otherwise, the oil and gas company is entitled to use as much of the surface, and this includes the groundwater beneath the surface, as they reasonably need to develop the oil and gas,” says attorney Ed McCarthy, principal in Jackson Sjoberg, McCarthy & Wilson LLP.
McCarthy, a long-time water attorney who almost invariably defends the landowners in such cases, was one of the faculty members at the recent CLE International Texas Water Law conference here. McCarthy went on to explain that if Texas wants to maximize the use of its valuable oil and gas resources, water is a must-have, and where it’s available, that invariably means groundwater.
Groundwater law in Texas is such that in those areas where a local groundwater district (today nearing 100 such districts) has been established, surface owners must now have a permit or must be eligible for an exemption to use the groundwater beneath their land. Not only that, there are limitations on the amount of water available by use, and those limits are set by the local districts. The ongoing debates about desired future conditions and managed available groundwater will ultimately impact such decisions within a local district.
When SB 1 was written, lawmakers included a couple of exemptions. One exemption was for the individual landowner, who is allowed to pump on average 25,000 gallons of water daily for their well for domestic and livestock purposes. Some districts have gone as high as 50,000 gallons. The other exemption is for oil and gas development and minerals and mining.
Section 36.117(b)(2) of the Texas Water Code deals specifically with oil and gas. This exemption “authorizes drilling of wells to be used solely to supply water for a rig that is actively engaged in drilling or exploration operations for an oil and gas well permitted by the Railroad Commission of Texas.”
McCarthy noted that while oil and gas companies are exempt from permitting, there are still certain rules that these companies must follow. For example, they have to register the well, and they have to file drilling logs and production reports.
“These are really good things,” McCarthy insisted. “The more data the local districts have, the better able they are to create an inventory and the better able they are to support development of the science. All of these things are reasonable requirements and ones that should be strictly adhered to.”
It’s also important to note that the exemption doesn’t authorize waste. Additionally, the oil and gas operator is required to pay the out of district transport/export fees if water from the exempt well is transported outside the district. They are not exempt from such fees.
McCarthy also pointed to a provision at the end of 36.117 which essentially says that if an oil and gas operator files an application for a permit and they comply with all the rules, the district is required to give them a permit.
“I point this out because this is really the only provision in Chapter 36 that says if you followed all the rules you have to get a permit,” McCarthy noted.
The problem that McCarthy largely focused on for the purposes of his presentation was the phrasing of the exemption itself. That phrasing, McCarthy told listeners, is open to a lot of interpretation by the various GCDs. For example, the phrase “water used solely to supply the rig” is interpreted differently by different districts. Some districts, McCarthy said, are of the opinion that the same well can be used by both the landowner and the oil and gas developer. Other districts, however, strictly interpret the language as meaning a specific well has to be dedicated to an oil and gas operation, and if it’s used for any other purpose, even another exempt purpose, it could lose the exemption.
“In other words, you can’t take an existing well and convert the use to oil and gas development,” he reiterated.
Another strict interpretation used by some GCDs is that the well has to be drilled and operated by the same entity who has the permit for the oil and gas operation and the water well must be located on the same lease or field associated with the oil and gas drilling rig.
“There may be multiple drillers, multiple operators in an oil and gas field,” remarked McCarthy. “So the language has all kinds of potential flies in the ointment, and what it really comes down to is how the local groundwater district interprets the statute,” he reiterated.
One more strict interpretation that could be applied has to do with drilling versus exploration. The statute could be read to mean that the oil and gas company is only exempt through the drilling phase but once production begins, that exemption is no longer available. Some districts are trying to say that fracking, or reworking a once producing well that has now gone dry, doesn’t qualify for the exemption because that’s not exploration.
“We’ve got folks trying to resolve that. Nobody has gone to the courthouse yet, but that’s another issue that is a possibility,” McCarthy told listeners.
To date, the vast majority of the problems that have arisen because of such interpretations have been worked out individually by the landowner and the GCD, but the proliferation of groundwater usage, particularly in South Texas in the Eagle Ford shale play, where a typical frack job utilizes between six and eight million gallons of water, is causing some additional strain. Hydraulic fracturing is the process used to widen or deepen the cracks in the formation to allow the oil and gas, which is otherwise trapped, to more freely flow to the well bore so it can be produced. A mixture of water mixed with solvents or drilling mud is typically used for fracking.
Without a doubt, when the oil and gas exemption was put in place, the amount of water being used for oil and gas operations was significantly less than today. That’s because in 1993 only a few fracking permits were issued annually in the state, but by 2008 that number was well over 4000 permits filed annually. In the Eagle Ford in 2008 there were only 33 permits. Last year that number, McCarthy said, topped 1200 permits and it continues to grow.
“There are people moving machinery and men into South Texas as fast as they can and spending big bucks to do it and looking for water anywhere they can find it,” remarked McCarthy.
Gas production in the Eagle Ford alone went from 16 billion cubic feet in 2009 to 64 billion cubic feet in 2011 while oil production went from 307,000 barrels to almost 2.6 million barrels over that same time period.
“I’m familiar with some of the deals, and I am just astounded by the prices offered and/or paid for water resources, ground and surface water.”
One surface water deal he knows of was for a very junior water right issued in the 1980s which has high summer low-flow restrictions, and the amount of money offered for it, McCarthy said, was astronomical.
“This is one we all could have retired on.”
The other big play in the state is the Barnett Shale, which encompasses approximately 5000 square miles within 18 counties around the Dallas-Fort Worth Metroplex. In 1993 only about 150 wells were permitted in the Barnett Shale, but by 2010 that number had grown to almost 14,000. Similarly, gas production went from 11 billion cubic feet in 1993 to almost seven trillion cubic feet by 2010.
Though natural gas is a great boon for the state in that it potentially offers relief from foreign oil dependency, it does not come without challenges, particularly when that natural gas underlies a large metropolitan area. The first headlines really hit in a big way about five years ago. There were a lot of complaints in the Fort Worth area about odor from the gas. In 2009 the headlines moved to the courtroom after Range Resources drilled two wells southwest of Fort Worth. In December 2010 the EPA filed an “Emergency Administrative Order” alleging that Range Resources’ well had contaminated two domestic drinking water wells.
The Railroad Commission investigated the complaint in August 2009 and basically found no connection but continued to monitor the situation. EPA, however, accused the Railroad Commission of putting its head in the sand and thus filed the emergency order to cease and desist.
In a Railroad Commission press release dated March 22, 2011, the commissioners found that “Range Resources’ natural gas wells be allowed to continue to produce as the wells are not causing or contributing to contamination of any Parker County domestic water wells.”
The release went on to say that “evidence presented during a January hearing included geochemical gas fingerprinting that demonstrated the gas in the domestic water wells came from the shallower Strawn gas field, which begins about 200 to 400 feet below the surface. The natural gas tested did not match the gas produced by Range from the much deeper Barnett Shale field, which is more than 5000 feet below the surface in that area. Range also presented information to demonstrate that the two Range gas wells were mechanically sound, without any leaks. Evidence presented at the hearing showed that hydraulic fracturing of gas wells in the area could not result in communication between the Barnett Shale gas field and shallow aquifers from which water wells in the area produce.
“… The Commission invited the EPA and the two domestic water well owners to present their evidence at the hearing. However, no EPA officials or water well owners appeared to testify.”
In February EPA published a draft plan to study the potential impacts of hydraulic fracturing on drinking water resources. The overarching goal of the study, McCarthy said, is to answer two questions: “Can fracking impact the water resources, and if it can, what conditions associated with potential impacts are due to hydraulic fracturing activities?”
He added that the study, which is ongoing, is much broader than just groundwater. It impacts surface water and reuse as well.
McCarthy points out that fracking is not a new process. In fact, it’s been commonplace in the oil and gas industry for more than 60 years, yet he admitted that when he first started working in this area of the law he was surprised to learn that Texas really doesn’t have any rules and regulations with respect to fracking.
“The Railroad Commission regulates the heck out of the oil and gas industry, but they don’t have any real rules for fracking, and the Supreme Court has noted that in the Garza case,” he told listeners. “But, it’s coming.”
On the state level, Senator Wendy Davis has filed two frack-related bills this session. SB 772 would require tracer substance to be put in the frack fluid to be used as an identification tool of sorts.
“It’s an interesting idea, but there’s a debate within the industry about whether this bill is designed to help,” McCarthy said. “There are certainly lots of practical problems that have to be solved. For example, how many different tracers can be created? One operator may have 12,000 wells in one year. How are you going to mark each of these wells?”
The second piece of legislation is SB 1049, which McCarthy described as “superfund inventory law.” It relates to the disclosure of information regarding hydraulic fracturing treatment operations.
Both of these bills have been referred to the Senate Natural Resources Committee.
Senator Craig Estes also filed SB 692, which would essentially require exempt wells for oil and gas operators to be subject to spacing rules. This bill has also been referred to the Natural Resource Committee.
McCarthy wrapped up by telling listeners that he is a proponent of more clarification with respect to groundwater use for oil and gas operations.
“I strongly believe there should be more reporting requirements and I also think meters should be put on domestic wells.
“On the quality side I don’t really think that it’s a groundwater regulation issue, but rather, we need some clarification on the Underground Injection Control Program.”
The UIC is responsible for regulating the construction, operation, permitting, and closure of injection wells that place fluids underground for storage or disposal.
“If there is a true threat to water quality from frack fluids, we need to identify it,” McCarthy said.
On taxes, the attorney opined that taxing of the land based on the valuation of the water, much like what is done with oil and gas, is something that will likely be considered in the future. The State Water Plan, he pointed out, predicts that unless new water supplies are developed by 2060, the state will face a nine million acre-foot shortfall. A tax valuation on water, he said, could help finance some of the water infrastructure desperately needed in the state.
He wrapped up with a quote from the late President John F. Kennedy, who said, “Anyone who can solve the problem of water is worthy of two Nobel prizes.”
Groundwater for Texans – Texas Water Symposium, This Thursday in San Antonio
Evan Smith of the Texas Tribune will moderate a discussion for Newsmaker Hour about the highly publicized Day v. EAA case regarding ownership of groundwater. Don’t miss this live conversation about our complex water policy framework in Texas. This free one-hour program begins at 7:00 and is open to the public. Event details and more about the panelists here.
LCRA Creekside Conservation Program helps landowners heal the land
Landowners in the lower Colorado River basin may be eligible to receive grant funding for conservation practices that reduce soil erosion and increase native plant and animal diversity. Learn More
Stars-in-the-Park this Friday
Blanco State Park will host its quarterly Stars-in-the-Park event Friday night, May18, 2012, starting at 7:00 pm. This free event offers young and old and opportunity to learn about our night skies with the help of volunteer Hill Country Astronomers. Learn More
We can do better in GMA 9
The Hill Country’s Trinity Aquifer set a 30 foot average drawdown management goal despite heavy public protest stating this was too much and would not sustain spring flows. The next five year planning cycle is already underway. At a recent public meeting, David Glenn, an involved citizen from Wimberley in Hays County offered well written comments to help create a picture of the Trinity Aquifer and consequences of careless management of the resource. Read, learn and get involved locally.
City of Austin Unveils Long-Term Rail Vision
Project Connect’s recent newsletter included an impressive graphic showing vision for rail connecting Austin and San Antonio. Check it out and learn more.
COTE cinema presents: The Greenest Building, May 30 AIA San Antonio’s Committee on the Environment presents COTE Cinema, in conjunction with the City of San Antonio’s OHP Historic Preservation Month! Everyone is welcome to this FREE showing; food and drinks will be available for purchase from the great vendors of Alamo Street Eat Bar. Details
Water Rights – Who Makes the Decisions?
“We not only have to consider the main Guadalupe River flowing from western Kerr Co. to the Gulf, but the Medina, San Antonio, Blanco, Comal and San Marcos Rivers to deal with all water uses and flows. And, these rivers are all spring flow originated which ties river flows directly into groundwater use in the headwaters region.” Mike Mecke explains his disappointment in TCEQ proposal that doesn’t follow stakeholder recommendations. Read the full article here.
The Hill Country Chapter of Texas Master Naturalist is now accepting applications for the 2012 training class
The Hill Country Chapter of Texas Master Naturalist is now accepting applications for the 2012 training class from residents of Bandera, Gillespie, Kendall and Kerr counties. The research-based, scientific training is customized for the Hill Country area. Classes will be taught by experts from state universities and state and federal agencies. Topics are centered in wildlife and natural resource management with lessons in basic ecology, geology, range science, deer management, botany and more. Read More
HCA files comments to TCEQ regarding Environmental Flows Process
A Texas process is in place to make collaborative regional decisions about the health of our water systems – in order to work, citizens must be involved. HCA filed comments to the TCEQ this week urging more attention to conservative and balanced recommendations set forth by stakeholders. Read background on what lead to these Environmental Flows comments Learn More
May 7 – May 13 is National Wildflower Week!
Celebrate the beauty of the Texas Hill Country and remember the HCA photo contest is wrapping up on May 31st. The Lady Bird Johnson Wildflower Center is one of our region’s best resources on native landscaping, sustainable practices and of course wildflowers! Celebrate Wildflower Week by learning and getting involved in the Lady Bird Johnson Wildflower Center and your local nature center.
Herff Farm: a new, old way to grow
It's like every garden you've seen, yet it's like no garden you've seen. Inside a simple cow-panel and cedar-post fence, the 1,800-square-foot inspiration garden at Herff Farm at the Cibolo in Boerne combines a variety of common and not-so-familiar sustainable techniques for growing produce in the Hill Country. "This is just the beginning of the farm's master plan for demonstrating living lightly in the Hill Country," says Carolyn Chipman Evans, executive director at Cibolo Nature Center. The nature center sits on 100 acres next to the 62-acre farm. Read full article from SA Express-News.
Boot Ranch Golf Course survives drought
Here's an example of what it takes to create one vision of utopia in the Hill Country-just find the water. The developers of the 2,000 acre plus Boot Ranch master planned golf community secured enough water to meet the needs of their golf course by purchasing treated wastewater from the City of Fredericksburg and pumping it through a pipeline more than ten miles. The cost-$3 million. Read the complete story here.
San Antonio Celebrates Bike Month
May is National Bike Month, and San Antonio is celebrating! On-street bike lane mileage has grown from 34 miles in 2000 to over 200 miles in 2010, and another potential 350 miles has been identified for the future. Over 40 miles of off-road hike and bike trails have been or are planned to be built along the Leon and Salado Creeks and the Medina River. Read more from TPR and stay up to date with cycling events happening this month in San Antonio. Click here for info on the San Antonio & Bexar County Walk & Roll Rally.
Water IQ: “Know your water”
Everyone is looking for ways to provide education about water conservation. The TWCD created “Water IQ” to provide tools and partnerships for suppliers, cities, organizations and others to deliver a clear unified conservation message. Check out Water IQ for conservation tips, resources and ways to use Water IQ in your local area.
TCEQ plan is a corruption of legislative order
The conservation community is reeling with outrage and disbelief over the unreasonable rejection of reasonable recommendations aimed at balancing the needs of man and nature with rational protections for river flow. Read more from Caller.com.
Go birding, be energy wise, plan for camp with Cibolo Nature Center during May
A birding adventure in Comfort, a workshop on rainwater collection and solar energy, and early registration for summer camp are among the Cibolo Nature Center’s programs and activities in May. Learn More
Fracking Symposium now available for listening on TPR
The Texas Water Symposium on Hydraulic Fracturing (Fracking) aired on Newsmaker Hour last weekend. If you if you missed it on the air, the program will be archived on the Newsmaker Hour website. Mark your calendar for the 4th and final Symposium of this Season, May 17th at Trinity University. We will discuss the recent ruling of the Day Case. Texas Tribune’s Evan Smith will host.
Group looks to preserve starry skies
Fearful that cloudless Hill Country skies could also become empty of stars, a new cooperative is trying to curb encroaching light pollution. Earlier this month, about 10 residents, businesses and ranchers rallied to form the Hill Country Night Sky Cooperative, an offshoot of the Hill Country Alliance, pledging to eliminate light that unnecessarily escapes from outdoor lighting fixtures on their property. The group's hope is that through education and leading by example, neighboring landowners and businesses will be encouraged to follow suit. Read more from Statesman.com.
A National Conversation on the Future of Our Communities
What's your vision for your community's future? Join the Smart Growth Network in a national conversation on how neighborhoods and regions could be planned, designed, and developed to meet the needs of current and future generations. A multidisciplinary review team will select 20 to 40 papers on this topic to be published in a compendium for the 2013 New Partners for Smart Growth conference. Submitted papers must be received by June 30, 2012. Learn More
Proposed Rules Fail to Protect Central Texas Rivers and Bays
The Texas Commission on Environmental Quality (TCEQ) proposed a rule on Friday, April 13th that will determine the amount of water that must remain flowing in Central and South Central Texas rivers and into the region’s bays to sustain fish and wildlife populations. Unfortunately, this rule fails to include many of the protections recommended by the region’s stakeholder committees, leaving fish, oysters, whooping cranes and other wildlife high and dry. However, the good news is that there is still time to improve the rule by voicing support for stronger flow protections to the TCEQ Commissioners during the public comment period, which runs from now until May 14, 2012. Learn more from NWF.
EcoRise Youth Innovations – empowering a new generation of green leaders
EcoRise Youth Innovations is a local non-profit organization who partners with high school teachers to infuse sustainability education into the daily curriculum supporting science and technology. This coming fall, EcoRise is looking to expand the program to additional schools in an the Hill Country. Learn More
As region braces for another wildfire season, officials urge residents to prepare
Local and state fire officials and city and county elected leaders gathered Monday at the Austin Community College Pinnacle campus, near the broad, charred scar from last year's fire, as they launched a "Wildfire Ready Austin" campaign. They urged regional collaboration to achieve "fire-adapted" communities where residents understand the risks of wildfires and work proactively to mitigate damage and ensure safety in their neighborhoods. Read full Statesman.com article.
HCA and Texas Parks and Wildlife co-host land stewardship workshops along the Pedernales
Learn from TPWD biologists and retired NRCS biologist, Steve Nelle, how proper watershed management practices can improve riparian function, enhance wildlife habitat, and sustain water on your land - May 5 at Westcave Preserve and May 12 at LBJ State Park. Learn More
Hill Country wildflowers threatened by invasive mustard plant
Can you imagine the Hill Country, or Texas, without wildflowers? Unless we act fast to eradicate a very invasive alien mustard, that dire situation will become reality in less than ten years. In parts of Texas this yellow-flowered mustard is taking control of the highway right-of-ways and moving onto farms and ranches. Read More
Expert: Clear strategy on growth management can help lure employers
As Austin and Central Texas continue to grow, how do we manage that growth in the best possible way? "The natural environment and how we sustain it provides part of our competitive advantage for economic development — those issues are more closely linked than people realize, and especially so in Central Texas." Read more from Statesman.com.
Rainwater Revival Opens Grant Applications to Schools in 17 Hill Country Counties
The Hill Country Alliance, organizer of the Rainwater Revival, is seeking grant applications from elementary and middle schools in 17 counties throughout the Hill Country to be used for water conservation education or rainwater harvesting projects at school sites. Learn More
TCEQ, stakeholders disagree on water
The amount of water that should be left in the San Antonio, Guadalupe and Colorado river basins to maintain their health and the bays they feed will be based on proposed rules published Thursday by the Texas Commission on Environmental Quality in the Texas Register.
For the two legislatively appointed stakeholder groups that spent the past year and half working on compromises between the science-based environmental needs of the basins and the growing demand for water, the proposed rules are a disappointment, leaving less water in the rivers than they recommended, according to the chairs of the groups. The TCEQ representatives explained that they did not follow the recommendations of the stakeholders, which represented industrial, recreational, environmental and business interests, because they had balanced the needs of humans and nature. Read full SA Express-News article.
Enforce habitat laws uniformly
For the better part of two decades, sensitive habitat in the northwest quadrant of San Antonio and Bexar County has given way to some of the region's most desirable residential and commercial developments. The area not only sits over the Edwards Aquifer recharge and contributing zones, it also is home to endangered species such as the golden-cheeked warbler. Read full SA Express-News article.
The Top Ten Invasive Species in Texas
Combined, invasive species have caused an immense amount of agricultural, ecological, and economic damage. Local scientists are worried that they’ll continue to wreak havoc unless state regulators and citizens alike start implementing stronger measures to stop them from spreading. This article from NPR shows the top ten invasive species in Texas, along with brief summaries of the damage they’re causing to the state.
Cibolo Nature Center to open Herff Farm and Farmers Market at the Cibolo
The Cibolo Nature Center will expand its educational opportunities in May with the opening of The Herff Farm at the Cibolo, an outdoor classroom for teaching living skills such as gardening, composting, beekeeping and rainwater harvesting – once-common skills that have been nearly lost in little more than a generation. Learn More
Hill Country Unites to Preserve Night Skies
In the Texas Hill Country, the stars at night are not as bright as they once were. The view of this treasured natural resource, the awe of generations past, is being slowly dimmed due to the effects of encroaching light pollution. On April 3, 2012, a group of prominent Hill Country residents, businesses, and ranchers banded together at the Preserve at Walnut Springs, west of Johnson City, and formed the Hill Country Night Sky Cooperative. Read More
ECT announces Community Stewardship Award finalists and HCA is on the list!
Don't miss the seventh year of Envision Central Texas' highly anticipated awards event which brings together hundreds of business, government, education, environmental and civic leaders from across the five-county region. Two of HCA’s programs are finalists, our outreach work and our online mapping tool. Learn about the finalists and register for the Luncheon that will take place May 11th in Austin.
Share Your Stories of the Drought
This week State Impact launched a new interactive webpage about the historic Texas drought, Dried Out. The page gives a visual sense of how intense the drought has been and its impact on the state. Share your stories on how the drought has affected your business, your home — or your way of life. Read More from NPR.
Second Annual Fredericksburg Star Party
The San Antonio League of Sidewalk Astronomers (SALSA) will host the Second Annual Fredericksburg Star Party on Saturday, April 7th, at Ladybird Johnson Municipal park. The public is invited to arrive early to examine several high quality, large apeture telescopes, as well as to to take part in the fun, educational pre-darkness activities. Details
Central Texas Water Coalition updates and April 26th meeting announcement
CTWC March Headlines: “No Lake Water for the Rice Fields”; “House Natural Resources Committee Explores Drought Options”; “46th TX Legislative Conference Looks at Drought and the TX Economy” “CTWC Sponsors Bass Fishing Tournament on the Highland Lakes April 21‐22”; and “Sen. Fraser to address the CTWC April 26 Meeting”. Read the full news blast here. More about the CTWC here.
Invasive plant threatens bluebonnets
A quarter of a mile west of the gate of the Lady Bird Johnson Wildflower Center in South Austin, invasive plant expert Damon Waitt steps on a small shovel. "...in the fall when these plants germinate, they form a rosette close to the ground, and that rosette actually takes up space and blocks out the bluebonnets that should be coming up in that area." Read more from KXAN. Some could deepen their bastard cabbage research just a little, read a little deeper. Some insight from Bill Neiman.
Managing Your Remarkable Riparian Area, April 19
HCA Board President Sky Jones-Lewey, Resource Protection and Education Director of the Nueces River Authority, will host a webinar on managing riparian areas. The webinar is free and open to the public. Details. Learn more about riparian management here.
Even a Wet Winter Hasn’t Broken the Great Texas Drought
There is no way to overstate the severity of the drought. Last year Texas had its driest year on record, paired with some of the highest temperatures we’ve ever seen. But even as the situation has improved for some thanks to a relatively wet winter, other parts of the state are still in the worst stage of drought. HCA Advisor, Raymond Slade is interviewed in this story from NPR.
Rain Harvest Event at McKinney Roughs April 28
Everyone interested in the quality of their rainwater is invited to the first Water Wise Conference, Saturday, April 28th at McKinney Roughs Nature Park in Cedar Creek, Texas. The program, “What’s in your rainwater – and how do you find out?” will begin at 9:30 a.m. and feature Environmental Laboratory Services/LCRA chemists Tess Abbott, Ariana Dean and Susan Benavidez. The three-hour event will include extensive “Q&A” as well as hands-on opportunities to practice using various water testing equipment. Learn More
International Water Expert to Highlight Sierra Club Water Conference
Brian Richter, an international authority on river conservation and the director of The Nature Conservancy’s Global Freshwater Program, will be the keynote speaker for a statewide water conference being held by the Lone Star Chapter of the Sierra Club in Austin on Friday, April 27. Read More
Junction’s Llano River Field Station looks to the future
A planning workshop, funded with a grant from the National Science Foundation, was held at the Texas Tech University (TTU) Llano River Field Station (the Station) in Junction on March 23. The attendees participated in a day of brainstorming on how to help the Station to achieve its long-term objective: to be a nationally recognized center of excellence engaged in multi-purpose and multi-disciplinary research. In undertaking this research, the Station seeks to establish a significant academic presence in the Texas Hill Country. Read More
Rainwater harvesting growing in popularity
A well driller wasn't among the contractors Bobby Watson hired when he built a new home overlooking Canyon Lake. Like a growing number of Texans, he opted to get water from the sky. In the driest times, they had 6,000 gallons in the two 10,000-gallon storage tanks that are camouflaged to blend in with surrounding trees. With the average San Antonian using 130 gallons per person per day, they were never in danger of running out. Read more from SA Express-News.
The way we waste water is outrageous
While pedaling as fast as the wheels will turn on the sometimes toxic, mostly exotic landscape treadmill...we are spending up the rest of the best. The drought has revealed what’s behind the curtain. Setting aside agriculture’s mother lode of water that is used to feed us; people have long embraced the competitive quest "to keep up with the Jones"...especially the Jones’ front yard. Read more from Bill Neiman, Native American Seed.
PEC Members Asked to Comment on Energy Goals
PEC's Board invites members to weigh-in on proposed revisions to the Cooperative's goals for energy efficiency and the role renewable energy plays in PEC's energy mix. Want to learn more? Attend a public forum Monday, April 2, from 5 to 9:30 p.m. at PEC's E. Babe Smith Headquarters Building in Johnson City. Click here to review the proposals, find details about the forum or share your comments online.
10 Good Reasons to Get Outside
With the redbuds and bluebonnets blooming, it's time to get outside and enjoy spring in Texas. “Much of Texas is still way behind its average annual rainfall, but it looks like winter rains in many areas of the state will make for an excellent spring,” says Texas Parks and Wildlife Executive Director Carter Smith. Read more from TPWD.
SAWS' wells tap saltwater aquifer
The San Antonio Water System is now pumping saltwater in southern Bexar County as it looks for new water sources for the city. Because it is an expensive new project going after a new source, it will be watched closely by residents for possible impact on local water supplies and by state officials for its potential to set an example of a new water source for Texas. Read full SA Express-News story.
Rainwater Revival 2012 – Save the Date and Get Involved!
Volunteers wanted: HCA Is proud to bring the 2012 Rainwater Revival to Boerne on October 27th. The Revival is a one day educational festival to inspire rainwater harvesting in the Hill Country. Email HCA to get involved. A special shout out to the Cow Creek Groundwater Conservation District for their Platinum Sponsorship, Thank you! More sponsors will be announced soon. Learn More
Spettle Riverside House recognized as one of “Texas Most Endangered Places”
The Medina Lake Preservation Society (MLPS) is proud to announce that on March 22nd, at 10:30 AM on the steps on the Texas State Capitol building the Spettel Riverside House was recognized as one of “Texas Most Endangered Places” by Preservation Texas (PT). The award brings to light the immediate need to preserve this rare piece of local Texas history. Read More
Symposium Underscores Importance of Watershed Planning to Protect Texas Water for Future Generations
Hill Country residents, policymakers, scientists, water experts, and regional leaders met March 22nd in Junction for a highly informative conversation about the inescapable need for healthy watersheds (or “catchments”), those life nourishing land areas where the surface and subsurface water drains. Read More
Texas Sierra Club Director Ken Kramer Announces Retirement
Longtime Texas state Sierra Club director Ken Kramer announced that he is retiring July 31 after 30 years of professional work for the Club. Kramer began his involvement with the Sierra Club after being elected to the Chapter Executive Committee in the fall of 1977 and served as volunteer leader with the Chapter for almost five years. Read More
In Texas, Your Water May be My Water Too
Lately there have been a rash of articles discussing water resources and the drought. Unfortunately, they are all focused on people using more water than they do under normal conditions or on finding new supply so people can continue to use more water. The problem with this is that the water now proposed as "new supply" may be depended on by another user, the environment, or it might be part of a groundwater/surface water connection in a cherished area. Read more from EDF.
Despite recent rains, drought far from over, experts warn
Most of Central and East Texas beat long odds with heavy rains this winter, but experts warned state lawmakers Thursday that the drought is far from over. State climatologist John Nielsen-Gammon said that the second year of a La Niña cycle — cooler temperatures in the Pacific Ocean that influence global weather patterns — produces a dry winter for Texas "4 times out of 5." But Nielsen-Gammon said it's a coin toss whether the recent winning streak will
continue. Read more from Statesman.com.
House Natural Resource Committee Thursday at 9 am
Although the Legislature is not in session, tomorrow the House NR Committee will hear expert testimony about the drought, the State Water Plan, LCRA and Groundwater Management. View the agenda of this public hearing. Learn more at Texas Legislature Online where you can also access a link to a live broadcast.
High Court Rules That Landowner Rights Also Include Groundwater
"The purpose of a district, in my opinion, is to prevent harm that the rule of capture would allow and to try to the best of their ability to create sustainable aquifer production. The goal as much as possible should be one of sustainability." Read more from Livestock Weekly.
Texas Farmers Battle Ogallala Pumping Limits
“Texas is virtually the only state that functions by the “rule of capture,” which allows landowners to pump essentially unlimited amounts of water. Elsewhere in the U.S., groundwater is a public resource, and the state allows people to use the resource.” Read more from Texas Tribune.
Celebrating Lady Bird Johnson’s Centennial Year
Lyndon B. Johnson National Historical Park proudly announces the opening of a new exhibit recognizing the Lady Bird Johnson Centennial Celebration that continues throughout 2012. This exhibit will be on display in the Park’s Visitor Center at 100 E. Ladybird Lane in Johnson City through December 22, the anniversary of the First Lady’s 100th birthday. Learn More
March 11 – 17, 2012 is National Groundwater Awareness Week
Groundwater is found in the spaces between particles and cracks in underground rock in formations known as aquifers. Even though it is out of sight, groundwater should not be far out of mind. In Texas, groundwater provides 60% of all freshwater used – great shortfalls are expected during the coming decades. Conservation is key. Learn more from the Texas Groundwater Protection Committee. Learn about groundwater resources from HCA here.
Landowners invited to partner in 2012-2013 Art and Conservation: Our Hidden Treasures project
Texas Hill Country landowners are invited to joint the Art and Conservation Project whose purpose is to help raise awareness and promote conservation of Texas Hill Country native plants, wildlife, landscape and water. The project promotes works of art that focus on these local natural resources by providing artists special access to private land and other special property with limited access. Details
Become a Jacob's Well Volunteer
In Texas 63 out of 281 significant springs have altogether failed. Join Jacob's Well in April for two consecutive Saturdays of training with area scientists, environmental educators, and others like you who care. Details
Cities, counties, homeowners - who is responsible for wildfire prevention?
Fifty years ago, a lightning strike could spark a big fire in the wooded areas outside of Austin that could naturally clear out underbrush and dead vegetation. Then suburban development put homes and businesses in what had been mostly empty country. When flames threatened life or property, rural and volunteer fire departments did what they were trained to do: move quickly to put them out. The unfortunate side effect of that, fire officials now say, has been an overgrowth of brush, trees and other wildfire fuels. Read more from Statesman.com
Take the 40 Gallon Challenge
The 40 Gallon Challenge is a call for residents and businesses to reduce our region's water use on average by 40 gallons per person, per day. The challenge began in 2011 as a voluntary campaign to increase water conservation. Learn More
March 11 – 17, 2012 is National Groundwater Awareness Week
Groundwater is found in the spaces between particles and cracks in underground rock in formations known as aquifers. Even though it is out of sight, groundwater should not be far out of mind. In Texas, groundwater provides 60% of all freshwater used – great shortfalls are expected during the coming decades. Conservation is key. Learn more from the Texas Groundwater Protection Committee. Learn about groundwater resources from HCA here.
Funding is available for land conservation in the Edwards Aquifer Recharge Zone
A public educational event will be held at 6:00 pm March 21st at the San Antonio River Authority Headquarters in San Antonio to provide information about how the Aquifer Protection program works. Attorneys from Braun & Gresham will lead the program which is free and open to the community. Learn More
Texas Aquifers Threatened by Population Growth, Development and Pollution
Texas gets 80 percent of its water supply from aquifers, according to the Texas Water Development Board (TWDB). Aquifer water levels are declining because of drought and increasing demands on water supply due to population growth. The quality of aquifers also is in jeopardy from construction runoff, leaking toxic waste sites and storage tanks, injection wells, industry pollution, and the use of agrochemicals on farm land. Read more from Clean Houston.
Taking a Deeper Look at the Texas Supreme Court’s Ruling on Water
Exactly how (the decision) will change the game is what everyone is trying to figure out. The case clearly established two things. First, that landowners legally own the groundwater underneath their land, and second, that landowners may be owed compensation if state or local regulations go too far in limiting the amount of groundwater landowners can pull. Beyond that things start to get a little murky. Read more from NPR.
TWDB Votes to Increase Groundwater Pumping in the Texas Hill Country
The March 1st board meeting of the Texas Water Development Board in Austin drew a large crowd at the Stephen F. Austin building downtown. Many came to speak in opposition to the 30 ft decline or so called Desire Future Condition (DFC) of the Trinity Aquifer in Western Hays County and to support the Wimberley Valley Watershed Association’s request for developing a ‘Special Groundwater Management Area” (SGMA) for Jacob’s Well and the Wimberley Valley. Read more from WVWA.
Water cutoff to rice farmers typifies contentious issues confronting Texas
The Lower Colorado River Authority’s decision to deprive downstream rice farmers of water – for the first time ever – was an especially dramatic example of the historic Texas drought’s continuing impact, even as unexpected winter rains have mitigated its severity somewhat. Read more from Texas Climate News.
Golden-cheeked Warbler comes home
Early March marks the return of the golden-cheeked warbler to the Texas Hill Country. Of the nearly 360 bird species that breed in Texas, the golden-cheeked warbler is the only one that nests exclusively in Texas. The major environmental threat to the warbler is native habitat destruction and fragmentation, with the most significant factor being the widespread removal of ashe junipers in the south central region of Texas. Read more from Austin 360.
Peach crop: good cold hours, early blooms
While “bumper crop” might be a stretch of a prediction considering last year’s drought, local growers are expecting a good crop on area peach trees barring a late freeze. Read more from the Fredericksburg Standard.
Colorado and Brazos River Water Rights Affected by Approved Groundwater Pumping
Over 2,000 owners of Colorado and Brazos River water rights may be affected by the amount of groundwater pumping recently approved by groundwater conservation districts within Groundwater Management Area 12 (GMA 12). The detrimental effects on surface water rights were brought to light in documents filed today with the Texas Water Development Board (TWDB). Learn More
Hill Country Photo Contest Kicks Off March 1st
What do you love the most about the Hill Country? Is it a cool blue swimming hole, your family’s ranch, a field of native grasses or your favorite dance hall? The Hill Country Alliance (HCA) invites you to head outside with a camera and capture what makes the region so special to you. Learn More
Transportation bill would end Scenic Byways Program
Scenic America championed the creation of the National Scenic Byways Program and believes these special roads tell the stories of America. To lose our scenic byways would be to lose a part of our history. Read more in this month’s Scenic Overlook, published by Scenic America. More about this issue in the Hill Country region here.
Rural Texas – Making the Connection
The transportation needs in rural Texas are as diverse as the citizens who live here. Over the past nine months, TxDOT has been developing the Texas Rural Transportation Plan 2035. Several Hill Country Projects are being prioritized right now. Meetings will be held March 6th in Austin and March 8th in San Antonio. Learn More
All five visible planets light up March 2012 evening sky
March 2012 shows off all five visible planets in the evening sky. You can catch these planets in the evening hours, possibly before your bedtime. By visible planet, we mean any planet that’s easy to see without an optical aid and that has been observed by our ancestors since time immemorial. In their outward order from the sun, the five visible planets are Mercury, Venus, Mars, Jupiter and Saturn. Learn more from Earthsky.org. Learn about protecting night skies in the Hill Country here.
Groundwater ruling potentially unleashes geyser of future cases
Prompted by the severity of the current drought, Texans have been earnestly discussing how to manage the state's water resources for the next several decades to meet the needs of a growing population and dynamic economy. This necessary discussion must now consider last week's ruling on property rights and groundwater by the Texas Supreme Court and how it potentially threatens efforts to regulate and conserve aquifers. The court unanimously ruled Friday that property owners own the water beneath their land just as surely as they own the oil and gas. Read more from Statesman.com.
Ann Butler pledges $1 million to Lady Bird Lake trail effort
With construction on the Lady Bird Lake boardwalk finally expected to begin late this spring, the Trail Foundation has more than met its promise to contribute $3 million to the project, thanks mostly to a $1 million pledge from Ann Butler to be announced today. Read more from Statesman.com.
Wimberley Valley Future Spring Flow
Thursday, March 1st the Texas Water Development Board will take final action on the WVVA appeal of the 30-ft drawdown “DFC”. This is a management goal set by a regional group of groundwater conservation districts (GCD’s) which has been challenged locally. “Jacobs Well, Cypress Creek and Blue Hole will dry up from pumping under this DFC”. More from WVWA. Background on this issue from HCA here. Public participation on Thursday is welcome.
Texas Supreme Court Rules For Landowners in Water Case
In a case with potentially vast implications for groundwater rules in Texas, the Texas Supreme Court has unanimously ruled in favor of two farmers in the San Antonio area who challenged the local aquifer authority's sharp restrictions on their use of a water well on their land. Read more from Texas Tribune. More on groundwater planning here. Background on groundwater rights here.
Aquifer District Eases, Doesn't Remove Drought Restrictions
The Board of Directors of the Barton Springs/Edwards Aquifer Conservation District eased drought restrictions from Stage III Critical Drought to Stage II Alarm at its Board meeting this evening, effective immediately. With above average rainfall this winter, soils reached saturation and runoff created enough creek flow to contribute some recharge to the aquifer. Read more from BSEACD.
Drawing the line at Power Lines
"This is beautiful country with huge heritage ranches, amazing biodiversity, endangered species and the headwaters of important rivers." "...this is a special landscape, and does this minimal contribution to the grid outweigh the degradation these lines impose?" Read the full story in the New York Times.
Texas Land Trusts and Texas Landowners . . . Writing the Greatest Conservation Success Story You May Have Never Heard
We all know that the population of Texas continues to grow. The projection is that by 2060 there will be 46 million Texans, almost double our current population. During this same period, an unprecedented transfer of rural land will occur. Much of our state will be passed from one generation with a strong connection to the land, to another that has fewer opportunities and less time to connect to the land. While this may seem to forecast a bleak future for the land, water and wildlife that make Texas so special, Texas landowners and Texas land trusts are working hard to ensure that our innately Texan landscape is preserved in perpetuity. Read more from Texas Land Trust Council.
Despite Report, Researchers Say Fracking Poses Risks
A recent report from the University of Texas found no direct link between hydraulic fracturing and water contamination. But as Mose Buchele of StateImpact Texas reports, researchers say that doesn't mean the practice comes without significant environmental risks. Learn more from Texas Tribune.
Understanding your Remarkable Riparian Areas
The Capital Area Erosion Control Network hosts HCA President Sky Lewey for one of her "Remarkable Riparian" programs. "Creeks, Rivers and Riparian areas are special and they are often misunderstood." This event is free and open to the public this Thursday, February 23rd, at 11:30 in Austin. Details
The Hill Country Chapter of Texas Master Naturalist hosts Hill Country Alliance, February 27 in Kerrville
The February meeting of the Hill Country Chapter of Texas Master Naturalists features a program discussing region wide issues affecting the Hill County and what the Hill Country Alliance does to educate, collaborate, and reach out to different stakeholders on these issues. Details
Vulnerable to climate disruption, Lubbock seeks a sustainable water supply
For decades, the city drew most of its water from Lake Meredith...But Lake Meredith has fallen to historically low levels. “This year, for the first time in 40 years, it’s gone.” Read more from Texas Climate News.
River Boundary Divides Private and Public Ownership
The South Llano Watershed Alliance is hosting a meeting March 3rd at Texas Tech in Junction. “ Where is the boundary line that divides public ownership from private ownership along a river in Texas? This educational event will demonstrate that with a little “on the ground training" of how to recognize this boundary line, much conflict might be avoided between landowners and the public along rivers. Learn More
Texas Drought Sparks Water Well Drilling Frenzy
As the most intense drought in state history drags on, plenty of Texans are waiting for months to have such wells drilled, fearful that their municipalities could impose stricter limits on water use. But this increased demand is causing concerns that groundwater in some places will start drying up, and regulators are working on rules to maintain certain groundwater levels. Read full Texas Tribune Article.
Ecosystem Services - Learning to leverage natural capital
The Edwards Aquifer roughly underlies what is known as Texas Hill Country. In addition to being a rich source of water, the landscape contains important wildlife habitats and a significant cultural history. The landscape is also quite scenic and valuable for recreation. As a result, the ecosystem services provided by the Hill Country are many. Read full article by Fritz Steiner from Arch News.
Texas Comptroller Susan Combs Stresses Importance of Water Management for State’s Prosperity
Texas Comptroller Susan Combs released today The Impact of the 2011 Drought and Beyond – an analysis of the effects of the severe 2011 drought in Texas, current and future water resources in the state and innovative solutions being used in Texas and elsewhere in the Southwest to solve the water crisis. “Planning and managing water use will be of utmost importance for the state’s growth and prosperity,” Combs said. “While recent rains have helped put a dent in drought severity in different parts of the state, we’re not out of the woods. Texas is prone to cycles of drought which makes it important for residents, businesses and state and local governments to manage water use. Every Texan has a stake in water issues the state faces.” Read the Impact of the 2011 Drought and Beyond online.
The Rivers, Trails and Conservation Assistance Program is at work in Texas
The Rivers, Trails, and Conservation Assistance (RTCA) Program is the community assistance arm of the National Park Service. RTCA staff provides technical assistance to community groups and local, state, and federal government agencies working to protect natural areas and water resources and enhance close-to-home outdoor recreation opportunities. See what they’re doing in Texas and here in the Hill Country Region along the Llano River and in San Antonio. Learn More
Marian Blakemore Planetarium kicks off new lecture series, Relativity
The Marian Blakemore Planetarium’s inaugural session of Relativity will be held Saturday, Feburary 18th. The night will commence with a showing of award‐winning documentary The City Dark, followed by a discussion of the film led by Bill Wren, longtime employee of the McDonald Observatory and Cindy Luongo Cassidy of Green Earth Lighting. The City Dark examines light pollution and the alleged affects of “the disappearing night sky” on humanity. Read More
EAA Board Approves Aquifer Management Fee to Fund HCP Agrees to Seek Other Funding Options
The Edwards Aquifer Authority (EAA) Board of Directors, at its meeting on Tuesday, February 14, voted to amend its budget for 2012 and assess an additional aquifer management fee of $37 per acre-foot on municipal and industrial groundwater permit holders to fund implementation of a Habitat Conservation Plan (HCP). Read more from AACOG.
Law Makers Holding Their Breath on Wind Credit
"It is past time that the industrial wind energy industry demonstrates that it is competitive on its own," wrote Robert Weatherford, president of Fredericksburg-based Save Our Scenic Hill Country Environment, in a letter on Monday to U.S. Rep Mike Conway, R-Midland. The incentive, he wrote, encourages wind developers "to improperly pursue projects in relatively low potential wind areas such as the Texas Hill Country where such development does not make sense" from aesthetic and other perspectives. Read the Texas Tribune story.
Read more Hill Country news
May 17 in San Antonio - Texas Water Symposium - Groundwater for Texans; A discussion of the recent ruling of the highly publicized “Day” case, how it affects all stakeholders and our complex water policy framework in Texas - Details
May 18 - National Bike to Work Day!
May 18 in Blanco - Stars-in-the-Park at the Blanco State Park Learn More
May 19 in Blanco - Real Ale Ride - A ride for all levels through the scenic hills of Blanco - Details
May 19 in San Antonio - SA2020: Find Your Passion Event - Details
May 20-21 in Austin - 2012 Texas Water Summit: Securing Water for Texas' Future - Details
May 21 in Kerrville - Monthly meeting of the Hill Country Chapter of Texas Master Naturalists, Dragonflies: 300 Million Years of Predation - Details
May 24 in Austin - HCC Lunch & Learn: From Farm to Table: Preserving Farms and Farmers - Details
May 30 in San Antonio - COTE cinema presents: The Greenest Building - Details
June 8-10 in Blanco - Join HCA at the 8th Annual Blanco Lavender Festival - Details
June 9 in Junction - Llano River Workshop - Stop the Spread of Invasives - Details
See more upcoming events
Capture the Irreplaceable Hill Country
The 2012 HCA Photo Contest runs March 1 through May 31, 2012.
Click here to enter
Imagine a place where vibrant communities draw strength from their natural assets to sustain their quality of life. A place where citizens care about protecting the special qualities of a region – their region. A place where people and partners band together to envision a better economic future, tackle shared challenges and care for the natural, scenic, and recreational resources that define the place they call home.
~This is a Conservation Landscape
Helpful Mapping Resources - Beautiful and informative maps of the region to print and share.
HCA Dynamic Mapping Tool - This dynamic online mapping tool includes water resource information, regional geography, natural resource information, jurisdictional boundaries and more using GIS layers in an easy to use Google Earth platform.
The 2012 Hill Country Calendar is still available. Click here to purchase.