Read a pipeline easement agreement to avoid eminent domain? It could cure insominia or it could arm your client with more information. See the agreement here.

How did this agreement from the Trans Pecos Pipeline end up online? Area land owners opposed to the agreement.

What action are these land owners calling on? 

•  ballot initiatives to strike the language in TUC 121.001 and associated statutes
• Growing citizen protests
• “sunset” of the Railroad Commission of Texas

What’s the rally cry of this group? “Sit by while these billionaires take private property to enrich themselves at the expense of U.S. citizens to supply U.S. energy resources to a corrupt foreign government, Mexico.” 

Alpine Avalance | Private property rights take center stage

In touting new SWIFT funding round, Senator Brandon Creighton & Kathleen Jackson link high water demand to:

• Texas population increase
• Texas economic development

“Much of the growth in water demand is fueled by Texas’ increasing population and economic development.” Montgomery County Courier | New SWIFT funding cycle open until Feb. 5

• Corpus Christi Port saw the 1st US ship leave with a crude export i
• First crude export in more than 40 years
• The cargo of oil and condensate from ConocoPhillips’s wells in south Texas was sold to the Swiss trading house Vitol Group

High Plains Public Radio | First Export Tanker of Crude in 40 Years Leaves Texas Port

Oil & Gas Investor | First Eagle Ford Crude Exports Slips Out Of Corpus Christi Harbor

Woodland in Northampton County, North Carolina, voted in a moratorium on new solar.

3 Reasons why:

• aesthetics. solar farms are not pretty.
• property values. neighboring proeprty owners believe solar farms lower their property values.
• harm to agriculture. A crop science professor at NC State explains that solar farms  “may well be one of the most important agricultural issues of our generation.”

Governing | A Small Town’s Solar Ban Heard Around the World

Austin-based DrillingInfo, an oil and gas exploration and production data and analytics company has opened a new office in downtown Houston.

Houston Business Journal | Exclusive: Oil and gas data company opens new Houston office

How does reclassification of oil to gas cost Texas revenue? Gas wells benefit from a  high-cost gas exemption

How many bienniums cover this $8 billion cost? $8 billion is estimated as the cost of reclassification from 2008 to 2014.

What are upcoming cost estimates? $250 Million for this bienniem and only for Eagle Ford Shale reclassifications.

Why does this matter? Lower oil and gas revenue estimates and the RRC is considering making it easier for companies to reclassify and thus qualify for the tax credit.

Texas Transperancy | HIGH-COST NATURAL GAS TAX RATE INCENTIVE STUDY

Ft. Worth Star Telegram Editorial | Calling an oil well a gas well yields tax cash

Texas Tribune | As Oil Prices Plunge, Questions About Big Tax Credit

• Congress, late in 2015, approved new clean energy tax credits
• Analysts predict a big boost in wind and solar project
• Solar and wind have to compete with supercheap natural gas

“I mean it is probably the biggest thing that’s happened to the renewable energy business over the last decade or so.” – SunEdison General Manager Matt Kearns

Texas Public Radio | Tax Breaks, Falling Costs Are Boosting Wind And Solar

Where is this happening? Vermont

Why does this matter in Texas? Because 2015 saw emient domain protestors stop public meetings for transportation projects in Texas

Who is the opposition to eminent domain in VT? 98% of a VT Gas project has agreed-to sales for land, but 3 landowners have not come to an agreement with VT Gas.

What does the opposition want from the pipelines? Landowners and their supporters are calling on a shorter pipeline project & are concerned baout pipeline safety

VT Digger | PROTESTERS DELAY EMINENT DOMAIN HEARINGS FOR VERMONT GAS PIPELINE

• A cyber security researcher in California discovered that Cyberattackers had opened a pathway into the networks running the United States power grid.
  • Digital clues show hackers tied to Iran have possession of passwords and engineering drawings of dozens of power plants
  • In 2012 and 2013 Russian hackers sent encrypted commands to points on the US power grid
• Why is the power grid so vulnerable? An aging, outdated power system
• Just like other hacks, vulnerabilities occur in 3rd party providers
  • Hundreds of contractors sell software and equipment to energy companies

Sacramento Bee | AP Investigation: US power grid vulnerable to foreign hacks

Houston is the largest city in Texas to adopt private financing tools to improve energy efficiency. 

What program offer private financing for energy efficiency upgraded?  Property Assessed Clean Energy (PACE) program.

What other local governments in texas have taken advantage of this program? Travis County, The City of  Dallas is poised to enact PACE along with Cameron and Willacy Counties.

Which types of property owners are eligible? 

• commercial
•  industrial
• multifamily real estate property owners

How does PACE work? It is a voluntary contractual property assessment that is secured by a senior lien on the property.

Environmental Defense Fund | Largest Texas City Embraces Private Clean Energy Finance Program in Record Year

What case is this? TCEQ v. Texas Farm Bureau.

What’s the TCEQ v. TFB case about? TCEQ sought to exempt cities & power generators from drought resrictions.

Which way did lower courts go? Both lower Courts were with the Farm Bureau. The statute is clear these carveouts aren’t in line with the law.

What happens when carveouts aren’t in line with the law? Naturally when you don’t like the law, change the law.

Why does this sound familiar but different names were involved? Because the TCEQ drought rules allowed for Dow’s Senior Water Rights along the Brazos River under the drought rules but left in tact junior water rights for municipalities and power generators. The Courts involved in that situation also ruled the drought rules invalid.

Law 360 | Texas Farmers Ask High Court To Leave Water Ruling Intact

TCEQ v. TFB | Texas Supreme Court

Lexis Nexis Legal News | Texas Appeals Court Affirms Invalidity Of State’s Drought Rules On Water Rights

• wind power is a  drought-resistant cash crop
• $200 million every year to farmers in land lease payments
• increases rural property tax bases
• leaves 98%-99% of wind-farm land free for farming and ranching
• protects water resources during drought to save 36.5 billion gallons of water every year

WallStreet Journal Opinion: National Farmers Union| Windmills Have Direct Benefits for Farmers

State Rep. Grassley, grandson to US Senator Grassley, has 2 points to make to a clean energy line that wants to use eminent domain in Iowa:

• The Iowa Utilities Board has told you 2 times that eminent domain cannot be separated from your permit application
• If you don’t allow Iowans to plug in, you’re not a utility & therefore don’t deserve eminent domain powers
• Missouri also denied your transmission line request (our numbers are growing)
• We’re also watching your attempt to end run the state with legislation in the US Senate, that place where my grandfather serves

Cedar Rapids Gazette | Protect landowners from the Rock Island Clean Line

Des Moines Register | An open letter to Rock Island Clean Line from lawmakers

California Utility Commission voted for net metering tariff renewal; a move that is called:

•  “a blow to utility companies that want major changes in the system”

What’s this net metering about? Whether utilities pay solar customers for power the customer exports

Who is opposed to net metering tariff renewals? California’s Top 5 Energy Providers. 

• Southern California Edison
• Pacific Gas & Electric,
• San Diego Gas & Electric Co.

Why are energy providers opposed?The companies say solar customers are not paying their fair share to maintain the electric grid.

What fees & requirements were aded to solar producing customers in California?

• An initial connect to the grid fee of  $75 to $150 per customer
• 2 to 3 cents per kilowatt-hour for electricity used from the utility companies, regardless of how much solar energy they put back into the grid (about $5 per solar customer per month)
• New solar customers to switch to time-of-use electricity rates
• 20 year grandfather provision for existing solar customers

Courthouse News Service |California slams utilities bid to slash solar power compensation

• It is built by a private company 
• It will generate 50 million gallons of fresh water every day
• Its water will be the most expensive San Diego buys
• It will meet 7-10% of San Diego Water Authority water demands
• It is expected to “only add a few dollars” to each customer’s monthly bill

Sacramento Bee | Southern California desalination plant will help ease water crunch, but price is steep

• Central Colorado River Authority Sunset
  • Input: https://www.surveymonkey.com/r/XBGHCCC.
  • Deadline: Friday January 8th
  • Contact: Sarah Kirkle at (512) 463-1300
• Palo Duro River Authority of Texas
  • ​Input: https://www.surveymonkey.com/r/FC7778L
  • Deadline: Friday, January 8th
  • Contact: Sarah Kirkle at (512) 463-1300
• ​Sulphur River Basin Authority
  • ​Input: https://www.surveymonkey.com/r/FY5PF63
  • Deadline: Friday, January 8th
  • Contact: Sarah Kirkle at (512) 463-1300
• ​Upper Colorado River Authority
  • ​Input: https://www.surveymonkey.com/r/F2SGBG6
  • Deadline: Friday, January 8th
  • Contact: Sarah Kirkle at (512) 463-1300

Sunset Commission

• Salvinia grows rapidly in water
• Salvinis kills off fish
• Makes boating in salvinia infested waters impossible
• Texas Parks and Wildlife representative says “”No sunlight can penetrate into the water, so it shades out and kills plant life.”
• Solutions recommended by Texas Parks and Wildlife:
  • watch salvinia to prevent it from hitching a ride on boat trailers, in live wells or duck hunters’ decoy bags
  • report any suspicious aquatic plants they see on Texas inland waters.

Houston Chronicle | Invasive plants are growing problem on Texas waters

Applications accepted until February 5, 2016.

Apply online:online application or Apply by paper-copy. Requirements are:

• Projects must be listed in the approved 2016 Regional Water Plans
• Projects must also be listed on the subsequent 2017 State Water Plan

2016 TWDB Funding will be:

• Approximately $1 billion in financial assistance
• $650 million available for new applications
• Interest subsidies are expected to be from 20% to 35%

TWDB | Application period for 2016 SWIFT funding cycle is now open

Utilities are targeting  private property owners pipes to:

• repair old and leaky  pipes
• to prevent  big problems like sinkholes and overflows of sewage into waterways
  • which leads to water plants treating more water than necessary, and driving up costs for ratepayers

Why are utilities targeting the pipes that are out of their control?

• water utilities are struggling to reduce costs
• utilities are having a hard time complying with federal clean water mandates

What programs have emerged around the country?

• Cincinnati partially funds repairs for the costs of repairs to pipes under city streets
  • the repairs are mandatory when the property sells or is significantly remodeled
  • At sale or remodel, mandatory pipe testing is required for lateral pipes
• Pittsburg is pushing PA’s legislature to pass a bill to allow a water utility to fix leaky pipes that the utility doesn’t own & recoup the cost from the property owner

Governing | Water Utilities Target Private, Leaky Pipes

Pipelines filled with “cheap” U.S. natural gas are fueling Mexico’s electricity industry. The details:

• 15% reduction in the cost of electricity in Mexico
• lowers the inflation risk in Mexico for 2016
• Stengthens manufacturing in Mexico
• 14 pipelines flowing into Mexico.
  • 2,360 miles of pipelines
  • $7.4 billion in total investment
• U.S. Exports of natural gas expected to increase in 2016 by  0.6 bcf per day 

Interim Charge 5 House Energy Resources

Barron’s | Mexico Gobbling Up Cheap U.S. Natural Gas Via Pipeline

California has a drought yet to quenched by El Nino. In August Los Angeles covered water reservoirs with plastic balls. 

These shade balls prevented water evaportation from L.A.’s water reservoirs by at least 85-90%. 3 Months later, the shade balls are being replaced.

Why are the shade balls being replaced?

• Federal rules mandate that all bodies of drinking water open to the air be covered.
• Shade balls did not completely create a barrier.
• Floating covers do provide a complete barrier

There’s a catch, at the largest reservoir, it is too costly to completely cover it, but the cost effective shade balls:

• reduce algea
• have a lifespan of 10 years
• require almost no maintenance aside from occasional rotation of the shade balls
• prevents sunlight from causing a chemical reaction that creates bromate

governing | L.A. Says Goodbye to ‘Shade Balls’

What’s happening? LCRA is building a $225 Million reservoir

What’s the concern? That fresh water flow to Matagorda bay will be reduced

Who asked for the open records information? Matagorda Bay Foundation wants proof that the fresh water flows will not be reduced. That proof is in hydrological modeling that LCRA relies to ay fresh water flows will not be reduced.

What is the reason LCRA wants the data protected? LCRA indicates releasing the information will violate attorney-client privilege & is exempt from disclosure as internal communication regarding policymaking

Texas Tribune | LCRA Fights Release of Data on New Reservoir

Who was appointed to LCRA?  Steve Cooper of El Campo

When is his term set to expire? February 1 2017

What’s the apointees background?

• owner and principal of Emerald Ag Investments
• Former 28-year president and owner of La Tierra de Esmeralda/Emerald Sod Farms
• Serves as vice chairman of the El Campo Memorial Hospital Board of Directors
• Serves as an advisor to the El Campo Youth Memorial Park for Little League
• Former chairman of the Leadership Advisory Board of Wharton County AgriLife for 10 years
•  Texas A&M University Distinguished Alumnus
• member of the Texas A&M University System Chancellor’s Century Council

Governor Abbott | Governor Abbott Appoints Cooper To Lower Colorado River Authority Board Of Directors

• In 2015, The Governor vetoed HB 3291 strengthening prosecutions of oil theft
• The veto called the bill overbroad and alluded to the potential to create “severe criminal penalties for conduct that may have nothing to do with theft of oil and gas”
• Senate & House Both studying the issue this interim
• Future legislation will be for the lawyers, it will change the criminal intent standard from “reckless” to “intentionally or knowingly”. 
  • Think of it broadly like this, should you know you are committing the crime, that is intentional or knowingly; while “should you have known?” is like recklessly committing a crime

Texas Tribune | Texas Lawmakers Seek Abbott’s Blessing on Oil Theft Crackdown

What entity wrote a report about clean energy & data centers? Future Resource Engineering

What opportunities did the report identify for clean energy providers? 24 million kWh of potential savings in 40 locations, resulting in more than $2.2 million in cost savings and another $1.4 million in potential utility incentives.

Why is this a big opportunity for clean energy?  Data centers are 10 to 100 times more energy intensive than offices

Utility Dive | Report: Power-hungry data centers have big potential for efficiency

What does Americans for Tax Reform Oppose? Congressional negoaitations over the tax extensions over:

• Investment Tax Credit (ITC) for solar past 2016; & 
• Opposition to reviving the Production Tax Credit (PTC) for wind

3 Reaons ATR opposes these tax credits:

• “taxpayers have already been forced to pay billions in handouts”
• “the time has come to end such anti-free market practices”
• The tax credits have cost American tax payers $11.5 billion

Americans for Tax Reform | ATR Urges Lawmakers to Oppose the Solar ITC and Wind PTC

Where is this happening? California

What legislation cut out roof top solar? California’s clean air legislation that makes generating 1/2 the state’s electricity through renewables a goal

What detriment is there to roof top solar by excluding it? 

• It keeps roof top solar from gaining access to renewable funding (subsidies, as some say) for utlities and developers
• Some say it could cause rate payers to pay more

Who supported keeping roof top solar out of the legislation?  unions and coprorate entities. Union opposition was focused on the goal of building cleaner utilities and that including roof top solar would be a double dip to incentive funding for roof top solar.

Governing | California’s Clean-Energy Law Cuts Out Rooftop Solar

• Complete the survey:  https://www.surveymonkey.com/r/2015SunsetRRC.
• Offer your opinions by Friday, December 18th
• If you have any questions, contact Amy Trost at (512) 463-1300 or visit our website at www.sunset.texas.gov.

Congress is working to secure the nation’s power grid because the power grid is facing a major cyberattack because:

• the power ” industry’s digital defenses are dangerously lagging and underfunded
• energy companies are “scrambling to play catch-up”
• energy companies  are ” leaving the all-important power grid exposed to hackers”
• “the industry isn’t fully prepared to stymie sophisticated hackers.”
• “In 2014, the energy sector was the most targeted of the nation’s critical infrastructure industry sectors,”

5 Solutions bandied about in D.C.:

• New presidential team to coordinate cyber threat assessment & response efforts 
• More funding for cybersecurity in energy and utilities
• More funding for the Energy Department program, Cybersecurity for Energy Delivery Systems, to research & develop tools to protect the grid
• Create “The Terrorism Prevention and Critical Infrastructure Protection Act” to direct DHS to work with critical infrastructure companies, like power grid operators and utilities to boost their cyber defenses

The Hill | Congress struggles to secure nation’s power grid

What agency is buying farm land? The water agency that services Los Angeles, CA. Its known as Metropolitan Water District of Southern California

Where is the farm land? Near the Arizona border in the Palo Verde Valley

Why is LA’s water entity buying  land near Arizona? The land is first in line to get Colorado River water & L.A. needs water

Long history between L.A. and these farmers? A Century ago L.A. built aquaducts to bring water into the city. 

The cost to L.A.:  $256 million and L.A. will lease back the land to farmers to net cost to about $50 million

Impact to Texas:  See the source? South Texas farm land area is running with this.

kiii South Texas  via AP | Water agency’s land purchase rattles California farmers

Texas located pipelines will bring gas where? To the Mexican state-owned electric utility, Comisión Federal de Electricidad (CFE)

Which pipelines are servicing Mexico? 

• The $508 million pipeline running 195 miles to San Elizario, near El Paso
• the $647 million pipeline that will run 148 miles to Presidio on the Rio Grande River

Why does Mexico Need Gas? Low production capacity & greater needs for electric generation

Opportunity for:

• Texas companies to provide additional resources to the growing Mexican market
• Texas lawyers that know the process

Texas Lawyer | $1.1B Texas Pipeline Projects to Ship Gas to Mexico
 

• Eminent Domain. Kelo. Lives. Limited Partnerships in pipeline development are still uneasy about access to land via eminent domain
• Texas Rice Land Partners v. Denbury case empowered landowners to challenge pipelines
• Legal Process means “significant legal costs and project delays”
• Ted Cruz the face of Texas politics is no longer business conservatives but is a firebrand

Trib Talk  Bracewell & Giuliani | Obstacles to pipeline development highlight Texas’ conservative split

In 2014 and 2015 California enacted new groundwater regulations. Now that regulations are moving, tensions are rising. 

4 lessons from California’s new groundwater regulations:

• When King’s County considered imposing restrictions on drilling new wells and selling groundwater to other counties, a county supervisor was told to get a body guard
• Agricultural crop values rose during California’s drought, making farm land very protective of  its groundwater
• In farm lands where groundwater basins are critically overdrawn, lawsuits over groundwater regulation are front and center
• Depleted aquifers, from unlimited groundwater pumping, have led to sinking lands, including sinking state highways.

California Groundwater Facts:

• Groundwater makes up 60% of all fresh water consumed during drought years
• Groundwater is  40% of water consumption in average rainfall years
• New groundwater legislation affects 127 basins that regulators have deemed to be medium or high priority because of their importance to the state’s water supplies
• Groundwater adjudication cases often take 10, 15, 20 years to resolve

   

  Sacramento Bee | Tensions, threats as California’s new groundwater law takes shape

Who made the request for this AG Opinion? Lavaca-Navidad River Authority Board of Directors 

What questions does the River Authority want the AG to answer? Whether a river authority may prohibit persons from openly carrying handguns on river authority park lands 

What is the River Authority’s argument for adopting a rule limiting open carry? The River Authority says that a rule preventing open carry except for an express hunting purpose is within their power to enact because:

• The “rule relates to the use, operation, management, administration, and policing of the LNRA’s water-related park areas and is authorized by Texas Parks & Wildlife Code section 25.004. “
• It is also similar to a statute that prevents open carry on LCRA lands (Parks & Wildlife Code section 62.081)

Attorney General Opinion RQ-0077-KP

Farmers in Oklahoma are joining forces over the use of eminent domain to aquire water rights to allow for the sale of Oklahoma’s water. 

5 Points that will Make You the Expert.

• Oklahoma sells water to Texas.
• A grass roots group has emerged, Oklahomans for Responsible Water Policy
• Grass Roots say farmers support granting eminent domain authority for water rights
• Farmers say grass roots is wrong, that they are working for the best outcome for farmers 
• How does this play in Texas? In May, the Texas Supreme Court affirmed that a water district that denied a farmer ‘s right to draw water is a taking of his private property rights via his water rights. Water is property. Property Rights matter in Texas.

KSWO | Controversy over water rights in Oklahoma

What are other states doing? “Most other states with oil and gas producers track wastewater spills and require drillers to report them.

•  In 2014, 55% of spills reported were wastewater-only in New Mexico
• .In Oklahoma that numbder is 36% of the total industry wide spills

What does texas do? Some say the RRC rules don’t address the issue in any measningful way. According to  former Texas Railroad Commission Executive Director John Tintera, via email to EnergyWire,“Produced water spills of any amount must be cleaned up under Statewide Rule 8 but reporting is not required in the agency rules.”

Does Texas track other oil & gas industry spill information?  Texas tracks spills of crude oil and condensate

Why does this matter?  A spill of brackish water can quickly kill century old trees and wildlife.

Click here for the Railroad Commission’s spill notification rule.

Click here for a copy of UT lands spill cleanup guidance.

Energy Wire | Wastewater spills untracked in Texas, masking pollution

Water delivery services, that fill dry wells, have seen business boom during California’s drought.

Jefferson Public Radio | Drought Keeps California Water Delivery Companies Busy

What are the grants for? “upgrades or replacement of heavy-duty vehicles, non-road and stationary equipment to reduce nitrogen oxide emissions”

Eligible locations: 

• Austin area:  Bastrop, Caldwell, Hays, Travis, Williamson

• Beaumont-Port Arthur area:  Hardin, Jefferson, Orange

• Corpus Christi area: Nueces, San Patricio, Victoria

• Dallas-Fort Worth area:  Collin, Dallas, Denton, Ellis, Henderson, Hood, Hunt, Johnson, Kaufman, Parker, Rockwall, Tarrant, Wise

• El Paso: El Paso

• Houston-Galveston-Brazoria area:  Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller

• San Antonio area:  Bexar, Comal, Guadalupe, Wilson

• Tyler-Longview area:  Gregg, Harrison, Henderson, Rusk, Smith, Upshur

  How to apply: www.terpgrants.org or call toll-free at 1-800-919-TERP (8377)

TCEQ The Advocate | Texas Emissions Reduction Plan Accepting Grant Applications

All workshops begin at 9:00 a.m.

The locations and dates of the Financial Assistance Workshops are: 

• Lubbock – December 2 – South Plains Association of Governments, 1323 58th Street
• Midland – December 3 – Region 18 Education Service Center, 2811 Laforce Boulevard
• Granbury – December 9 – Granbury Resort & Conference Center – Brazos Ballroom, 
  621 E. Pearl Street
• Waco – December 10 – City of Waco, Water Utility Services Department, Training Room, 425 Franklin Ave.
• Austin – January 4 –  Stephen F. Austin Building, 1700 N. Congress Avenue, Room 170
• Laredo – January 5 – Laredo Community College, Fort McIntosh Campus, West End Washington Street
• Weslaco – January 7 – Weslaco Business, Visitor and Event Center, 275 S. Kansas Avenue, Suite A
• Victoria – January 12 – City of Victoria, Department of Public Works Training Room, 
  1301 SW Ben Jordan
• Fredericksburg – January 13 – Hill Country University Center, 2818 E. Highway 290
• Paris – January 14 – City of Paris, City Council Chamber, 107 E. Kaufman Street
• Tyler – January 15 – Rose Garden Center, Camellia Room, 420 South Rose Park Drive
• Kountze – January 20 – Hardin County Courthouse – West Wing County Court Room, 
  300 West Monroe Street
• Conroe – January 21 – San Jacinto River Authority, G & A Building, Board Room, 
  1577 Dam Site Road

Schedule a pre-application meeting following the workshops by contacting your Regional Project Team Manager ahead of time. 

Please register as soon as possible as seating is limited.To register, please email the following to srfworkshops@twdb.texas.gov.:

• your name
• title
• entity
• email address
• telephone contact information
• and the workshop location you are planning to attend  

TCEQ The Advocate November 2015

What’s the Weir project? A way to retain the river water before it gets out into the Gulf

Where will the project be built? Undecided. Possibly up river near Brownsville.

Does it require agreement from the Governor’s of the border Mexican states? Yes, Cascos has been “quietly” talking to the Governors.

Rio Grande Guardian | TEXAS, TAMAULIPAS, RESURRECT TALKS ABOUT RIO GRANDE WEIR PROJECT

The great pipeline controversies hitting the Northern border are now arriving at the Southern Border.

Information Intelligence gave you the info about the property owners protesting the Pecos Pipeline crossing Texas ranchlands as it heads into Mexico.

The details:

• The comapny is looking at investing in pipelines and power plants in mexico
• Total investment of $3 billion by 2017
• 3 Business Units involved: Hydrocarbons liquids, hydrocarbon gas, and power generation

Bloomberg | No Keystone, No Problem: TransCanada Turns to Mexico Expansion

Energy & Water

Water & Ag. | Groundwater Contamination  | Aquifers | THE INTERIM CHARGES

• Agriculture & Livestock: water availability & necessity
• Agriculture & Livestock + Natural Resources: delivery & use of water in agriculture
• Urban Affairs: jurisdiction of water districts
• Land & Resource Management: coastal beach erosion; impact on natural resources
• Natural Resources: state water planning process; expanded water markets; freshwater loss; aquifer storage & recovery; coastal ecosystem; joint groundwater planning; desalination
• Natural Resources + Energy Resources: groundwater contamination
• Environmental Regulation + Natural Resources: groundwater contamination 
• Environmental Regulation: surface water management; can local governments form their own environmental enforcement agencies lawsuit?

Water & Ag. | Groundwater Contamination  | Desalination | Aquifers | YOUR INFORMED INTEL

• 2 Reasons NE TX Water Officials Request TWDB move them to a new Water Regional Area
• Moving Water to Populated Areas Takes Eminent Domain- Just Ask California Farmers
• Trend: Leasing Water Rights During Drought
• UPDATE: 5 Highlights from SAWS v. the Researcher| San Antonio Water Pipeline Highly Risky According to Texas A&M Study
• California Farmers Agree to Water Cuts
• SWIFT Funding. Round 1 Savings Estimates Released
• Senate Interim Charge & TWDB Public Comment Align
• 3 Opportunities in Storm Water Management
• Water Issue at SCOTUS this Month (October 2015)
• Less Water Usage. Greater Pipe Corrosion. Greater Local Government Costs
• SD 1: Major General & School Trustee Focused on Water
• For the 2nd time in a year. California Strengthens Groundwater Regulation. 3 Details to be Informed
• Moving Water to Populated Areas Takes Eminent Domain- Just Ask California Farmers
• Conserving Water without Bankrupting Water Utilities. Fees + Incentives for Developers
• Legal Eagle: 2 reasons Austin area water districts get a SOAH win over City of Austin Prices
• Trending: Fund Water Conservation with an Excise Tax. It’s always fun to tax things we don’t like
• Question Du Jour: Can Flood Water Be Stored?
• Monitoring Aquifers From Space. Water Levels Decreasing
• Charging for Groundwater Pumping. Is it a tax?
• Statewide Water Grid. 3 Goals
• Desalinating Brackish Groundwater. How much water is there in TX?
• Legal Trend: Texas Supreme Court Lets Edwards Aquifer 2013 Ruling Stand
• Step Closer to Joining Israel & Australia on the Desalination Train
• Legal Trend: Are Tiered Water Rates Constitutional?
• A Water Data privacy Threat? Ask Commissioner Sid Miller

Local Government Environmental Enforcement Agencies | Rate Cases| THE INTERIM CHARGES

• State Affairs: utility rate determination administrative process; metering protection; & inaccurate billing
• Transportation: utility relocation

Utilities | Rate Cases | YOUR INFORMED INTEL

• Legal Trend: Supreme Court. Electricity. Demand Response. 4 Steps to Get up to Speed
• Regulatory Trend: Rooftop Solar Bumps Against Net Metering Rules
• 4 Results for Electric Retailers & Transmission Companies from Understated Potential of Renewable Energy. Financial Types Talk
• A Governor Unveils 8 Point Energy Plan: New Pipelines. New Transmission Lines. A Hub for new energy technology. Tax Incentives Oh My!
• Name theTech Billionaire Who is Funding Energy Production & Distribution Revolution
• Smart Meters= Massive Electric Data Trove
• Energy Prices Increase with Eminent Domain Use?
• Regulatory Trend: 7 Point Data Security Checklist for Energy Firms
• Poll: Pipelines & Transmission Lines Favored; Strongly Disfavored is Building with Eminent Domain
• TPPF Refresher: Transmission Lines Also Carry Eminent Domain Power
• Millions of Funding for Data Security for Electric Generation, Electric Grids & Oil & Gas

Oil & Gas |  | RRC Enforcement | Oil field Theft |  EPA & Local Government Environmental Enforcement Agencies | THE INTERIM CHARGES

• Energy Resources + Economic & Small Business Development: reliance on oil & gas revenue
• Energy Resources: oilfield theft; renewable energy regulations; Railroad Commission enforcement policies

Oil & Gas |  | RRC Enforcement | Oil field Theft   |  EPA & Local Government Environmental Enforcement Agencies | YOUR INFORMED INTEL

• 4 Major Issues RRC Points to in its Self Evaluation to Sunset
• Regulatory Trend: RRC Concludes Quakes not caused by Fracking
• 5 Take Aways from TPPF New Fracking Report
• RRC Rule Controversy Percolates
• State Insurance Commissioner in Oil State Asks for Quake Coverage Clarity
• No Sage Grouse barrier, hello Land Use Barriers. 3 reasons why industry is not pleased
• 6 Reasons Attorney General Paxton Office is Asking a Court to Stop the EPA Water Rule
• EPA’s methane crackdown wins support from oil icon’s Texas foundationRegulatory Trend Response: 4 Points From TPPF on the Proposed EPA Methane Emissions Rule
• Gov. Abbott Joins Houston Businesses Opposing City EPA-like Regulations
• NFIB Joins Opposition to EPA Water Mapping
• Local Air Quality Agencies? Texas SCT Will Offer Final Word Starting in September
• For the Love of Litigating: Texas Applauds US Supreme Court Clean Air Opinion. What the Gov & AG Said

Mexico De-regulation  |  THE INTERIM CHARGES

• Business & Industry: import trade partnerships; say hola to Mexico’s de-regulation
• International Trade & Intergovernmental Affairs + Energy Resources:  Mexico de-regulation

Mexico De-regulation |  YOUR INFORMED INTEL

• 7 Reasons Mexico Deregulation is on the Verge of Booming. Great for Gas & Power Lines & Power Generation
• 3 Ways Public Private Partnerships Are Growing as a Result of Mexico Deregulation
• Congruency: Energy. Ports. Mexico Deregulation
• 4 Ways Mexico Energy Deregulation Factors Into Governor Abbott & Mexico Transportation Agreement
• Mexico Deregulation Trend: Renewable Energy Market
• Mexico Deregulation & Houston Midstream Companies. 3 Reasons it is A Positively Profitable Relationship
• 2 Reasons Mexico Deregulated Energy Market & Improved Electricity Grid Draw Manufacturing Investments
• New Study: Production, Policy & Legal issues in Mexico Deregulation. What it means for Texas
• 5 Economic Points on Mexico Energy De-Regulation
• Invoking the Threat of Chinese Investment. TX Congressman Encourages Investment in Mexico Deregulation
• Comptroller: Economic Benefits to Texas from Mexico Deregulation
• 5 Ways US Firms Can Score in Deregulated Mexico Via UTSA
• Binational Energy Consortium Launches for new Texas-Mexico Energy Market
• 4 Economic Development Tips for Electric Transmission & Mexican Energy De-reg
• Economic Numbers in Texas Due to Deregulation in Mexico

What’s the unclear statute/bill issue we’re talking about? HB 2663 from 2011 and Natural Resources Code Section 113.054.

Why do people think these 2 things conflict? Two things to know:

• HB 2663 bill analysis lays out an argument that the bill sought to provide statewide clarification for the rules and regulations related to Liquified Petroleum Gas. 
  • As in the big words of state law preempts local. Because the State loves when the feds preempt state law.
• This statewide framework sought to replace local control over LPG 

Is this happening? Are cities trying to regulate LPG? Yes, according to the Propane Gas Association the City of Houston and the City of Sherman have LPG ordinances.

What are Houston and Sherman saying to justify their ordinances? Houston says our ordinances predate the statute and the billapply retroactively. Sherman enacted its ordinance in May 2015 and has not repsonded to the Propane Association as to its rational.

What’s the Attorney General suppose to be sort out between this industry fight about state or local control?

•  Does state law trump all?
• Can the Houston regulation be grandafthered in by HB 2263?
• Does Sherman have to petition the RRC before it enacts an ordinance?
• Can a city adopt an ordinance if the RRC has no rule on a specific topic?

RQ 0073-KP

• Rep. Geanie Morrison (Chair)
• Rep. Jessica Farrar (Vice-Chair)
• Rep. Nicole Collier
• Rep. Byron Cook
• Rep. Drew Darby
• Rep. Jim Keffer
• Rep. Phil King
• Rep. Brooks Landgraf
• Rep. Armando Martinez
• Rep. Ina Minjarez
• Rep. Chris Paddie
• Rep. Eddie Rodriguez 
• Rep.Gene Wu.

Goals:

• Look at recently proposed or finalized rules from the U.S. Environmental Protection Agency
  • Clean Power Plan
  • the National Ambient Air Quality Standards
  • the “Waters of the United States” rules, and
  • new standards regulating methane emissions from the oil and natural gas sector.
• Examine how EPA rules will affect jobs and future economic development
• Impact to energy reliability
• Impact to Texas Emission Reducation Plan:
  • financial implications of these standards on the Texas Emission Reduction Plan
  • how the Plan can help mitigate the effects of the new EPA rules

Special Item: EPA Rules Imapcting Speaker Straus’ backyard ” The newly proposed National Ambient Air Quality Standards could push Bexar County into non-attainment for the first time, forcing more regulations onto businesses in the San Antonio area.” 

Speaker Straus Press Release

Drought isn’t just from less rain. So say farmers in the Plains States that allege the following:

• overpumping of groundwater has created drought
• Farmers place the blame on lax regulatory policies on groundwater pumping
• lawsuit pending alleging Nebraska improperly allowed $143.3 million in groundwater to be illegally pumped
• The farmers say they are “entitled to compensation for the water that would have filled streams and lakes had the state not intervened.”

Courthouse News Service

TXU is offering customers free electricity at night in exchange for slightly higher rates during the day time. 

The free wind pwoer window is 9PM to 6AM.

Slash Gear | Texas wind farms get customers free nighttime power

The Lubbock Avalanche Journal supports desalination in Texas. While far removed from the Texas coast, its eyeing a new desalination project coming online in San Diego, California.

3 Reasons why Lubbock’s editorial board supports desalination:

• Desalination has the promise of a lot of fresh water, 50 million gallons per day
• The time is now, by 2060 municipal water needs will increase by 70%
• Low cost of desalination in California, where it is estimated to add $5 per water bill per month
   

Lubbock Avalanche Journal | Our View: A new desalination plant could influence Texas’ water supply

Nottingham Trent University is proving the efficacy of infrared camera enabled drones to detect invisible pipeline leaks.

Repair can occur more promptly as the exact leak location can be pinpointed by GPS on the drone.

Waterworld | “Invisible” water leaks detected by drone technology

Mexico de-regulation is expected to open up bidding for supplying clean energy this month: 

• Bid solicitation starts later this month
• Up to 2,500 megawatts of additional power generation from clean sources like wind or solar.
• 20 year contracts

Reuters | Mexico to award up to 2,500 MW in renewable energy contracts in March
 

KPBS lists the following acts as part of land specualtion related to oil and gas expansion in Mexico:

• murder
• arson
• exodus of local residents. Mexican census say 10,000 live in the town of Guadalupe near the Rio Grande, while current estimates are 1,000

What‘s going on with the land?

• rapid infrastructure growth
• construction of a superhighway
• construction of a new US International bridge
• according to an unidentified person, “”The government sends people here to pressure landowners to get out of here, to say, ‘Go away, we don’t want you here,'”

Rice University Mexico Center concludes:

• “Obviously this land is being re-consolidated in the hands of a few”
• Many of these politicians will have interests in the shale development in the future and will likely get ahold of that land no matter what.”

KPBS | Violence Follows Path Of Mexican Oil Speculation

• Master of Science in Energy
• Certificate in Energy

Texas A&M Energy Institute | Master of Science in Energy and Certificate in Energy

Gilmer Mirror | Texas A&M University Announces Interdisciplinary Graduate Programs In Energy

Background:

• Oil producing counties are a state revenue source. Eagle Ford Shale counties alone contribute $323 million of severance tax receipts a year.
• Unfair revenue exchange with oil counties. In the same year that DeWitt county contributed $57.5 Million in severence taxes, it received $112,000 from the comptroller for money generated from gasoline tax remittances and overweight axle fees
  • Now the oil producing counties are left with dangerous roads. This was the catalyst for a county transportation infrastructure fund grant program 

Tax Proposal: Time for the state to stop getting a “free ride.” Oil counties want the legislature to:

• Establish requirements and timelines on how repairs should be made
• Establish requirements for how the money is distributed — including the loose wording that only requires a county have increased energy production
• Must be an ongoing program for transportation funding
• Must have greater trickle down to the oil producing counties

Victoria Advocate | Texas counties call for oil, gas tax distribution reform

Which state is winning the first new nuclear power plant race? Tennessee Valley Authority

What’s going on with the Texas nuclear project? It received sign off on safety from the US Nuclear Regulatory Commission 

Remind me, where is Texas adding nuclear power? The South Texas Project is a multi-party project. CPS Energy will on 7.5% with NRG Energy and Toshiba. The construction project is for two new units and add an additional 2,700 MW of carbon-free capacity to Texas markets.

Utility Dive | Plans to expand Texas nuke plant by 2 units pass NRC safety tests

Which state? New York

How much?  Up to $750 Million has been pledged by Governor Cuomo

What project is getting the $750 Million? A 1.2 million-square-foot SolarCity factory. Scheduled to open in early 2016, will create 5,000 jobs, with 3,000 of them in western New York.

Why the geographic limitation on added jobs? Because Western New York job market was hurt when steel declined.

Governing | New York Governor Takes a Big Bet on Solar Power

Sound crazy to use beavers to help control drought and erosion? The tactic has been employed in Nevada and Canada.

What did Canadians ahev to say about the effectiveness of beavers and water management? “Even during drought, where beaver were present, there was 60% more open water than those same areas during previous drought periods when beaver were absent.”

Beaver populations can bring 60% more open water? Yes.

L.A. Curbed | Can Beavers Help Save Los Angeles From Drought and Floods??

 37% of demand was met with wind power onThursday, October 22, 2015. 

This smae week, American Wind Energy Association reported Texas is:

• Nearly 50% of the nation’s wind power growth for the 3rd quarter of the year.
• Texas added 771 megawatts of wind generation for the 3rd quarter
• Texas now has about 16,400 megawatts of wind power
• Texas is expected to exceed 20,000 megawatts in 2016

FuelFix | Texas hits new wind power milestone on Thursday

No eminent domain for private gain has been echoing around the country. What happened this week:

The Legislature raising public use standard: South Carolina

The Problem that sparked the legislation: A controversial pipeline that upset property owners but the company behind it said eminent domain would be used for about 1% of the project.

The Legislation :“A private pipeline company would have to show the line is a public necessity — meaning it’s vital to the welfare of the people of this state and that’s only after considering any environmental harm that the pipeline might cause,” 

The Post & Courrier | S.C. lawmakers consider ways to regulate proposed oil pipeline that would run through the state

The U.S. Supreme Court will give its word in Federal Energy Regulatory Commission v. Electric Power Supply Association.

So, what? What’s the big deal about this electricity U.S. Supreme Court case? It will impact the Texas retail and wholesale electric market. 

What are these parties arguing about? Demand Response. That’s basically much electricity costs on the wholesale market on a hot summer day, in the middle of the night, or on a perfect 68 degree day.

Software allows compnies to shift electricity needs, but is the center of the problem. Demand v. supply. This keeps their electricty costs lower. It’s basic data analyzation. The question iswhether these comapnies that sell based on demand, are actually competing with the supply side electric generators. 

What happened to get us to the US Supreme Court?

• FERC, by rule, said demand response is like an electric generator.
• Electric Power Supply Association, which includes a number of generators and marketers of electricity, brought suit in the D.C. Circuit.
• Electric Power Supply Association won out at the D.C. Circuit.
• FERC appealed to the U.S. Supreme Court.

Washington Post | The electricity innovation so controversial that it’s now before the Supreme Court

SAWS Chair and the ousted author of a study that labelwed SAWs water pipeline “highly risky” faced off on a Texas Tribune panel at UT-SA. The highlights:

• Ousted Researcher: SAWS water conservation plan ends in 2020, and the pipeline starts in 2020, we should be wary.
• SAWS: Not True
• Ousted researcher: this could look like the city trumping rural interests
• SAWS: SAWS has the power to pull the plug if we pull too much water from the aquifer
• There’s a new study: the water pipeline could harm water flow in the Brazos and Colorado Rivers

Texas Tribune | San Antonio Water Utility Leader Defends Vista Ridge

October 1, 2015 Information Intelligence:

Texas A&M Institute of Renewable Natural Resources has gone through several drafts of a report calling San Antonio’s soon to be water pipeline highly risky. San Antonio has called for revisions.

The city is concerned with certain characterizations of the pipeline, such as:

• the pipeline process is not transparent enough
• contractual protections that protect the project’s financial security
• pipeline water being more suspectible to contamination
• San Antonio’s conservation goals would be impacted

The final report is to be officially released on October 7th.

Texas Public Radio | The Source: When A Water Study Leaks, A Deluge Of Controversy

San Antonio memo on Inaccuracies in the Texas A&M Report on the San Antonio Water Pipeline

Alaska is in a 3rd special session concerning a TransCanada natural gas pipeline.

Besides a rainy Juneau, lawmakers will be greeted by a 2 prong proposal from the Governor:

• Alaska should buy out TransCanada and build the pipeline itself. The Governor will ask for $150M and that Alaska assume a greater risk in the pipeline.
• A new tax on natural gas reserves still in the ground on the North Slope. The tax would only be triggered if an oil company delayed the project.

Governing | Alaska Legislature Will Have a Third Special Session to Discuss Gas Pipeline

California Public Utilities Commission is considering rules about incentives for roof top solar ability to sell electricty back to the grid under net metering rules.

Why the new regulatory framework for rooftop solar? The grid operators say the cost of operating the grid is high and want to pay less for the electricity generated from rooftop solar.

What’s the policy goal in California? Generate 50% of its electricity from renewable sources by 2030.

Why would it matter if grid operators paid less for rooftop solar? It would increase cost to the customer and disincentivize the addition of more rooftop solar.

• Cyber Resilient Energy Delivery Consortium heads the $28.1 effort
• Consists of 11 national laboratories and universities and is led by the University of Illinois
• Dartmouth received a $925,000 grant to “improve the protection of the electric grid and oil and natural gas infrastructure from cyber threats”

Concord Monitor | AP | Dartmouth College gets $925K cybersecurity grant

Oklahoma Insurance Commissioner is asking insurers to clarify this issue for energy producers:

• whether their policies cover earthquake damage caused by things like mining or oil and gas exploration.

2 Regulatory Requirements are attached for Insurers:

• Insurers must act within 45 days
• And they must provide notices to policyholders and insurance agents.

How does Oklahoma differ from Texas in this regard?

• “The Oklahoma Geological Survey has determined that the majority of the quakes in Oklahoma are more than likely the result of wastewater injection into disposal wells.”
• Texas Railroad Commission reached a different conclusion.

Insurance policies are taking 3 forms on coverage of quake damage:

• amended policy forms to cover damage from wastewater injection
• others have waived the man-made exclusion
• The 3rd group, specifically excludes quakes induced by wastewater injection

Fuel Fix | Insurers asked to send clarifying notice of quake coverage in Oklahoma

A new report by the Texas Coalition for Affordable Power reveals Texans are compalining less about electricity providers because:

• In 2015 Texans filed only 6,973 electricity-related complaints or questions with the PUC
• In 2003, a record high number of 17,250 complaints were logged by the PUC
• Texans are likely more comfortable with deregulation

Fuel Fix | Texas electricity complaints drop to lowest level in years

For Round 1 of SWIFT funding:

• $900 millio in financial assistance for projects
• $106 Million in savings for the 30 approved projects

Round 2 of SWIFT Funding deadlines:

•  Applications Open December 1
• Applications to close February 5, 2016.
• To be eligible, projects must be included in the adopted 2016 Regional Water Plans & the subsequent 2017 State Water Plan.

TWDB | SWIFT Savings Announced

The Texas Water Development Board is soliciting public comment on brackish groundwater production zones. 

• Goal: Reduce the use of fresh groundwater, identify brackish groundwater zones
• Public Input in person: 
  • ​10:00 AM, October 26, 2015
  • Room 170 of the Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas
• Public Comment in Writing:
  • ​Deadline 10/30/2015
  • submitted to Dr. Sanjeev Kalaswad, Director of Conservation & Innovative Water Technologies, by letter (Texas Water Development Board, P.O. Box 13231, Austin, TX 78711-3231), by email (sanjeev.kalaswad@twdb.texas.gov), or by fax (512-936-0816).

Here’s the exact wording of the Senate Interim charge to Ag., Water & Rurual Affairs on this same issue: 

Texas Water Development Board 

Senate Interim Charges to Ag., Water & Rural Affairs

2015’s House Bill 30 on brackish groundwater zones

The woman who successfully passed Denton’s local fracking ban is starting… Texas Grassroots Network * name subject to change

Goals of theTexas Grassroots Network: 

• monitor energy industry activities
• Recruit candidates and influence public policy — locally and statewide — on oil and gas drilling

• She’s had success in the local elections. 
• When the ordinance passed the messaging was libertarian, pro-private property rights.
• The group is building across the state

What’s motivating them?  “citizens are unhappy because they feel that state lawmakers stripped away local control over oil and gas drilling in the last legislative session.”

Flint Michigan’s main water source became contaminated with lead and needed state aid. Here’s the aid package the Legislature put together:

• $6 million in state funding to help switch its drinking water source
• Pledge of $4 Million from the Charles Stewart Mott Foundation
• $300,000 to hire two workers for home and school drinking water inspections;
• $1 million for lab services to test water samples;
• $1 million to buy water filters for residents;
• $850,000 to screen for lead, coordinate follow-up care for children with elevated blood lead levels, and do related outreach; and
• $200,000 for legally required inspections of plumbing fixtures and systems inside schools and health facilities.

Michigan’s HB 4102

Crain’s Detroit Business News | Michigan governor OKs $9.3 million to end Flint water crisis

• Senate Natural Resources
  • ​Follow all the new EPA regulations:  Clean Power Plan, Reduction of Methane & Volatile Organic Compounds (VOCs) from oil and gas facilities, Ozone standards, Regional Haze, and Waters of the U.S.
  • TERP, specifically mobile source emissions
  • Expidited permitting
  • ERCOT & PUC: monitor the grid. Look at governance, grid safety
  • oil field theft
• Senate Ag. & Water​
  • surface water and groundwater: Ownership, production, and transfer
  • State Water Plan: Improve the process of developing and executing it
  • windblown and waterborne litter
  • brackish groundwater zones

California Congresswoman is studying whether water can be shipped from Alaska via the Los Angeles or Long Beach Port to address California’s drought.

Daily Breeze | Water Management | Could lake water from Alaska be shipped to L.A., Long Beach ports?

This July electricity generated from natural gas exceeded that gnerated by coal.

The first time this happened was in April 2015.

In Texas, ERCOT says:

• coal fell by 1.9 kwh in July
• while natural gas power jumped up 3.1 kwh in July

Fuel Fix | Gas power passes coal for the second time ever

• Electric market is bugeoning
• There is immediate opportunity is in its gas and power sectors
• Shorter Development times for gas and power infrastructure
• Gas Demand is expected to increase 74%
• US Imports to Mexico set to grow by 200+%
• Its Cheaper to Generate natural gas power in Mexico
• “The new wholesale power market will foster competition and has already encouraged CFE to accelerate plans to build gas pipelines to displace fuel oil in the power sector.”

Forbes | Is Mexico’s Energy Industry Ready To Boom?

Where is this piplein dispute? Pennsylvania

What’s the deal? Pennsylvania courts have been wrangling with whether a Sunoco pipeline qualifies for eminent domain. 

Why does Intrastate or Interstate matter? Eminent domain usually requires a public use or benefit. An interstate pipeline that doesn’t provide supplies to a state may not offer a public use or benefit, and thus has no eminent domain?

Why did Sunoco get eminent domain authority? 2 Reasons Why

1. Sunoco is a ‘public utility corporation’ as defined at 15 Pa. CSA Section 1103 which gives it eminent doamin authority

2. The project in its details, explains how Pennsylvanians will benefit from pipeline supplies. Folks, this part is crucial to seal the deal for eminent domain.

Legal Intelligencer | Judge Rules Sunoco Has Eminent Domain Power in Pipeline Project

• Stricter Ordinances on the Horizon. 1 inch of rainfall in Baltimore generates 1,060 Olympic swimming pools worth of storm water. How to move that water properly requires ordinances.
• Storm water will be a reusable water resource managed through a mix of affordable and sustainable green, gray and natural infrastructure
• To make processing stormwater more cost effective, there will be more moves legislatively to keep pollutants out of stormwater

Governing | The Opportunity in All That Rain

Water Environment Federation’s Stormwater Institute | 2015 Report | “Rainfall to Results: the Future of Stormwater,”

Not only will lawyers be blocked from hiring place holders. Something the US Supreme Court and Aaron Franklin have in common, but the Justices will also hear a big water case.

The Supremes will hear Florida v. Georgia / Mississippi v. Tennessee .  Tag team legal fighting has arrived at the Supreme Court. 

What’s the water issue for the Court? Interstate water disputes. 

Is this a big deal? Yes, it is. Just last year the court let special masters decide interstate water dispute between Kansas, Nebraska and Colorado.

What are FL, GA, MS, and TN fighting about? 

• Mississippi v. Tennessee case:  MS says TN uses too much water, causing water problems in MS.
• Florida v. Georgia: FL says GA uses too much water from the Apalachicola-Chattahoochee-Flint River Basin.

Why does this matter to TX? Texas has a brewing state water duspute with NM.

Governing | The Upcoming Supreme Court Cases That Matter Most for States and Localities

Businesses in Las Vegas, colelctively 5% of the retail electric market, want to buy their own electricity from solar farms or power plants directly.

The Companies involved…Wynn Resorts, MGM REsorts International, and Las Vegas Sands

The power provider involved…NV Energy owned by Berkshire Hathaway

Why is this important? 2 reasons

• Nevada is a state that does not allow direct buy of electricity
• Data shows that 2 MGM Properties in Las Vegas use more electricity than Key West, FL

Wall Street Journal | Vegas Casinos Fight to Buy Their Own Electricity

Stokes County Board of Commissioners (North Carolina) on a vote 4-0 passed a mopritorium that would:

• prohibit anyone to engage in hydraulic fracturing or oil and gas development
• for a three year time period
• a $500 per day fine
• covers all areas of the county except cities & their ETJ zones

Commissioners during the 3 year moritorium will:

• research and study the impact of fracking
• determine the adequacy of existing state and federal laws
• study the impact of potential fracking on county roads, infrastructure, natural resources and health and safety of residents;
• develop standards and conditions to be implemented in the county zoning ordinance to address impacts not adequately addressed by state and federal regulations.

Marcellus.com | Fracking moratorium passes on 4-0 vote

1. known internet-related vulnerabilities. 
   • ​Especially the use of commercial ‘off-the-shelf’ software, which is cheaper but with greater access for hackers.
   • Lack of proper protection from internet access.
2. lack of nuclear facility personnel training
   • Many plants were built before cyber threats were an issue
   • A gap emerges between plant personnel and cyber security personnel
3. No proactive solutions for potential threats 
   • ​​Reacting to potential threats is not enough cyber security

A London based think tank produced a report, Cyber Security at Civil Nuclear Facilities: Understanding the Risks, after studying cyber risks to nuclear plants for 18 months, giving rise to these 3 identifiable probelms at nuclear power plants.

SC Magazine for IT Professionals | Cyber danger to nuclear power plants growing

1. 2014 law sets of 40 year minimum time frames for thes P3s
2. They’re not just in energy and oil and gas infrastructure, P3s in Mexico are also used for:
   • construction of roads,
   • construction of hospitals
   • prisons
   • airports
   • railroads 
3. Most have been ” granted through direct negotiations in cases where there was only one interested party”

IPS | Mexican Government Depends More and More on Private Business Partners

Port of Corpus officials are meeting with energy leaders in Mexico to talk energy, aerospace, education and brining it all together. 

Corpus Christi Caller Times | Port delegation heads to forum in Mexico

Texas A&M Institute of Renewable Natural Resources has gone through several drafts of a report calling San Antonio’s soon to be water pipeline highly risky. San Antonio has called for revisions.

The city is concerned with certain characterizations of the pipeline, such as:

• the pipeline process is not transparent enough
• contractual protections that protect the project’s financial security
• pipeline water being more suspectible to contamination
• San Antonio’s conservation goals would be impacted

The final report is to be officially released on October 7th.

Texas Public Radio | The Source: When A Water Study Leaks, A Deluge Of Controversy

San Antonio memo on Inaccuracies in the Texas A&M Report on the San Antonio Water Pipeline

What’s the Subsea Systems Institute? collaboration between the University of Houston, Rice University and  NASA Johnson Space Center

Why did it form? established in the aftermath of the 2010 Deepwater Horizon spill

What are the Subsea Systems Institute’s goals?

• developing new tools, policies and training 
• to produce oil and gas from deep-water reservoirs
• in a safe and environmentally friendly manner

Who is its leader? Bill Maddock

What is Bill Maddock’s background?

• He’s an expert in offshore operations and engineering​
• A marine and offshore engineer with 30+ years of experience in offshore structures, marine operations and ice sciences.
• Formerly of BP America, where he coordinated engineering and technology for development in the Arctic, coordinated Arctic engineering and technology capability within the company and participation with the executive in the development of arctic policy.

FuelFix | Former Arctic engineering exec to direct Houston deep-water research center

Blacksburg Virginia outdid other cities in the number of new solar installations. Here’s 3 ways how the city succeeded in solarizing:

1. Blacksburg negotiated an additional 16% savings for customers (that’s a $3200 savings per customer)
2. It puts demand LAST, and instead created a program to drive demand

What happened aftger Blacksburg’s solarize?

• 22 cities in Virginia followed suit
• In a 3 year period ending in 2015, residential solar grew by 122%

Governing | How Blacksburg, Va., Got So Many People to Go Solar

What’s going on? a loose coalition wants natural gas comapnies to be able to explore on university lands. Specifically, fracking on UT & A&M lands.

Who wants this? North Texans for Natural Gas (Devon Energy, EnerVest, EOG Resources and XTO Energy)

What is North Texans for Natural Gas Doing to Gin up Support? A petition urging UT Chancellor William McRaven and Texas A&M Chancellor John Sharp to support hydraulic fracturing and the extraction of oil and gas on University Lands.

Where do they want to explore for natural gas? On 2.1 million acres in West Texas  constitutionally set aside  as an endowment for the state’s two leading university systems.

What’s in it for Universities? Revenue to the Permanent University Fund.

Who is opposed? Environmental groups like Environment Texas Research and Policy Center and the California-based Frontier Group

Fuel FIX | Pro-industry group throws support behind drilling on Texas university land

Background:  3 water officials from Red River County asked the TWDB to get them out of Northeast Texas water planning region D & into Dallas-based Region C.

Their reasons why:

• Red River County has been vocal about needing water and has been rebuffed by NE TX water planning region
• The NE TX planning region said NO to Dimple Reservoir, a 2,300 acre reservoir,to essentially  Langford Lake which will be filled with silt by 2040

It looks like the ploy may be working as the NE TX water planning Region D may be open to expanding Red River’s water options. No Dimple Reservoir.

Longview News Journal: Northeast Texas water group could lose member

RRC needs flexibility for regulation. It points to these issues to support its need to be nimble:

Tech Insider says that Texas energy use is equal to Brazil. 

Side Note: Brazil’s population is 7 times the Texas population.

Tech Insider: This map shows how much energy each US state uses by pairing it with a similar foreign country

• Lincoln Clean Energy
• $183 million solar power project
• first commercial-grade one in the Panhandle
• 100 megawatts or more
• Economic Incentives:
  • Tulia Independent School District is  capping the taxable value of the project at $20 million a year for 10 years
  • Comptroller estimates this to be a $9 million dollar savings in maintenance and operations taxes for the solar project.

Amarillo Globe News:  $183M solar project heats up 

No Endangered Speciaes Status, but the Feds aren’t Done.

The federal Bureau of Land Management (BLM) is creating management plans to handle land use for the sage grouse.

How will BLM land use plans impact industry?

 Independent Petroleum Association of America say there are 3 problems:

1. it will put more restrictions for energy because the BLM is setting sage grouse standards different from state plans in WY and MT. 
2. making it more costly to operate
3. it will be harder to provide the benefits of abundant, affordable energy to American families

Note from the other side: The environmental groups are also displeased.

Fuel Fix via AP With no protections for Sage Grouse, focus is on land-use

Colorado Supreme Court will detemrine the legality of cities banning fracking. 

What fracking bans passed in Colorado?

Longmont banned hydraulic fracturing in 2012 & Fort Collinsapproved a 5-year moratorium in 2013

What did the lower courts say?

Oil & Gas Association wins. The Lower Courts said its the state’s prerogative to regulate fracking.

What issues are being used by both sides?

• fracking endangers public health and underground water supplies.
• property rights: landowners want to control what occurs below the ground because drilling brings Noise, lights and health worries

Fuel Fix via AP: Colorado’s high court to decide if cities can ban hydraulic fracturing

No impact to aging electric grids from an influx of renewable power. It works out just fine. California gets 30-40% of its daily power from renewables with no rolling blackouts or brownouts on the grid.

Solar is Booming in 2015. “In the first quarter, residential solar installations across the U.S. grew by 76% over the same period a year earlier, adding 1.3 gigawatts of capacity.”

Renewables are changing the Energy Business Market. “Think Bitcoin, eHarmony, eBay—platforms that match buyer and seller on an individual basis,” says Mr. Craver [ chief executive of Edison International Inc., parent of Southern California Edison, one of the nation’s largest electricity retailers.]. “That is the vision some of us have for the longer term.”

Business is Booming in Software to Manage Loads. Boston-based EnerNOC Inc., Solar City Inc., Enphase Energy Inc., based in Petaluma, Calif. are spotlighted as providing software and storage solutions either at the residential level or grid level. We’re talking batteries and software that warns companies that utilities may have a possible power insufficiencies.

WSJ

Round one win for Tarrant Regional Water this week when the TX Supreme Court ruled that the district had not violated open meetings act. 

The water district is in a legal bruhaha with a Dallas businessman who opposes a water pipeline routed through his land. The legal fight will continue with eminent domain proceedings. 

Ft. Worth Star Telegram: Texas high court denies rehearing for Monty Bennett’s pipeline suit

December 1, 2014 Information Intelligence:

Water Project Eminent Domain Extrapolated: Campaign Contributions, Open Records Requests and a Grand Jury

Land ownership is to Texans like blue is to the sky. Tarrant Regional Water District  (TRWD) needs to move water around to meet supply demands. The project is expected to cost $2.3 Billion in tax revenues.

Two big flags in this fact pattern:

• Billions of tax revenue draws attention of lawmakers. 
• To accomplish its goal, TRWD needs privately owned land from Texans who love their land.    

The land TRWD needs is owned by private citizens who want to continue to own their land without government interference.

State Representative Gooden requested information from TRWD, dissatisfaction ensued, campaign contributions flew around (all above board), and a grand jury is looking into the how TRWD is conducting its business. [Ft. Worth Star Telegram]

Application Period Opens: December 1, 2015

Eligibility requires: that the project must be included in the adopted 2016 Regional Water Plans &  the subsequent 2017 State Water Plan

Abridged Applications Due Date: February 5, 2016

How will projects be ranked for eligibility?  By SWIFT Prioritzation Rules 

After Project Ranking What happens? TWDBoard will identify the amounts of funds available by category & establish the structure of financing and the subsidy terms.

When does the full application process begin? TWDB will extend invitations in mid-spring to eligible entities (ranking, fund availability, and financing structure) to submit full applications. Those entities will have 30 days to complete and submit the full application to the TWDB.

TWDB

Edinburg TX denied a new natural gas well permit this week. Here’s why:

• Opposition, though minimal 
  • 1300 notices sent to local residents
  • 39 responded in opposition
  • 3 responded in support
• The well was inside the city limits
• It would harm Winter Texans desire to become permanent residents
• The city was enforcing an existing ordinance that regulates oil and gas operations within city limits by denying the permit

The Monitor Edinburg votes to deny new natural gas well within city limits

Wind energy is providing added revenue to the Port of Corpus Christi. But there is a cost- the Port is running out of space to take in wind propelers and turbines.

The loading and unloading areas for turbines, blades and other wind-energy equipment take massive amounts of space.

The American Wind Energy Association says Texas ranks #1 in the country for both installed and under-construction wind capacity.

• 18,000 wind-related jobs
• Wind energy industry last year invested $3 billion in Texas
• Texas is home to at least 46 wind energy manufacturing facilities

Corpus Christi Caller Times: Wind energy is making storage space scarce

New Mexico Governor Susanna Martinez new energy plan, 2 years in the making, includes:

• Building new pipelines 
• Building new transmission lines
• Building rail lines

to the coal mines in northwestern New Mexico to assist in developing New Mexico’s oil and natural gas interests as well. 

Her energy plan also includes promoting New Mexico in energey’s future markets:

• Creating a hub for renewable energy storage testing
• More emphasis on natural-gas powered vehicles
• Using less water in energy production
• Including more nuclear energy
• Encouraging manufacturers of small modular nuclear reactors to locate in New Mexico.

Santa Fe New Mexican: Gov. Martinez unveils ‘comprehensive’ energy plan

Contracting for solar power on top of the new Sacramento King stadium is a benefit bonaza. Solar Power will:

• Power 15% of the stadium
• the solar company is putting in a significant capital investment “to help the Kings fund the arena”
• Offers the stadium LEED Gold certification

The solar project is estimated to cost $507 million investment by SPI Solar. SPI is committed to solar stadiums in California as it also has a solar installation at the Staples Center sports arena.

Sacramento Bee: Sacramento Kings show off solar array plans for arena rooftop

SWIRFT Fall Schedule for 2015:

• TWDB will take $1 Billion of SWIRFT funds to market
• SWIRFT loans will close by the end of 2015
• Round 2 of SWIRFT funding starts in December 2015

SWIRFT recipients can expect:

• estimated to save over $115 million over the life of the loans
• Ratepayers and citizens will reap the benefits by obtaining the best interest rates and structures possible for these water projects
• TWDB approved approximately $3.9 billion in funding over the next decade to 21 entities for 32 state water plan projects

TWDB   Business Wire   

American Wind Energy Association released a new report supporting the need for tax credits to keep the industry from a sharp decline.

3 Reasons Why Wind Tax Credits are Necessary

• Electric Market isn’t competitive. Its unnaturally tilted toward cheap natural gas.
• An estimated and dramatic 70% to 90% drop off in new wind power installation projects will occur if there is no tax credit
• Smart energy policy requires a diverse energy policy, including wind. 
  • Coming full circle, a diverse energy policy, that is competitive requires wind tax credits.

FuelFix 

Background: For the first time in more than 100 years, we have a new border bridge for trains. Safety first.

4 Points of the Transportation Agreement with Mexico:

• Goal: promote and increase bilateral collaboration on future border infrastructure projects
• This is tied to energy. Hello, Mexico energy deregulation, how you doin’?
• This is about 3 other things
  • ​encourage economic development
  • facilitate bilateral trade
  • cooperative border security.
• At the same time, the leaders announced a Texas-Mexico The Energy Task Force that will :
  • focus on natural gas and electric power infrastructure connecting the United States and Mexico

Governor Abbott: Governor Abbott Signs Transportation Agreement With Mexico; Announces Energy Task Force