Texas Legislative Preview
January 20, 2009 by admin
On Wednesday, January 15, the Greater Edwards Aquifer Alliance (GEAA) held its “legislative kickoff” at the State Capitol. This meeting with legislative staff representing 11 Senators or Representatives as well as the Natural Resources Committee, sought to accomplish two goals.
One goal was to brief the staff members on GEAA legislative priorities for the 2009 session. The other goal was to hear from the aides what plans their Senator or Representative had relating to those priorities. As one of the over 30 member organizations that make up the consensus driven GEAA, Preserve Our Water participated in this meeting.
Perhaps the most important of GEAA initiatives has already seen early action. Rep. Leibowitz (District 117) filed H.B. 595 on Tuesday.
This bill’ establishes clear, specific restrictions on what material may be discharged into a creek, stream or river in the Edwards Aquifer recharge and contributing zones.
While providing exemptions for several types of discharge that are believed to pose no threat to humans or wildlife, the measure blocks the controversial practice of discharging sewage effluent into the surface water features.
There is widespread scientific concern about pollution of the aquifer, which receives much of its recharge through the cracks and fissures that occur in those water ways. There are also threats to water held in reservoirs.
On Friday it was learned that Sen. Leticia Van de Putte (District 26) will submit a companion version in the Senate.
HB 595 is of immediate importance to those of us who live over the Trinity Aquifer, particularly those who live near the boundary with the Edwards. First, what is defined as the “contributing zone” for the Edwards is, in these situations, often also specified as a recharge zone for the Trinity. In addition, research is beginning to reveal that there is far more movement of water between these two aquifers in the boundary areas than previously thought.
Longer term importance derives from the precedent this will establish. Scientists and engineers have concluded that there is enough similarity in recharge characteristics among the Hill Country aquifers that these types of provisions are appropriate throughout the area. Perhaps 2011 will see expansion of the measures to all Hill Country aquifers.
Rainwater harvesting is also a critical issue this session. Rainwater experts, such as John Kight of the Cow Creek Groundwater Conservation District in Kendall County, have been working with Rep. Patrick Rose (District 45) and his staff to craft legislation to promote and enable rainwater harvesting in Texas.
The most urgent of the measures expected to be included in the bill, still being crafted by members of the Legislative Council, is the roll back of a measure slipped into the 2007 omnibus water bill, SB 3. This measure, included without debate in the final hours of that chaotic session, serves to create a serious financial obstacle to a home or business owner who wishes to supplement water from a public water supply system with their own, captured rainwater.
The provision, in direct contradiction of recommendations from the Texas Water Development Board’s 2006 study of rainwater harvesting, would require a dual plumbing system to assure that the rainwater could not be used for indoor purposes like washing clothes, dishes, cooking, showering or the like. The specifications advanced by the TWDB more than assure no cross contamination between the public and rainwater sources can occur; the alleged rationale for this provision.
As soon as Representative Rose files this bill, we will issue a “Legislative Update”.
A third important bill that is expected to be filed in the coming days is a result of over a year’s worth of work by county commissioners from across the Hill Country. The measure reflects the consensus reached by those elected officials regarding enhanced county powers to address the concerns of development across the Hill Country. Once this important measure is filed, we will issue a “Legislative Update”, as well.