• Chairman of the board of the Texas Water Recycling Association says “…recycling has become mainstream and the driver is the Permian Basin”
• Oil and gas operators no longer take water supplies for granted 
• Oil and gas operators are committed to healthy water spplies
• On March 22nd,  area ground water conservation districts & Lubbock are hosting an event focused on water recylcling technologies, solutions, and opportunities

  Midland Reporter Telegram | Expert: Permian to be at forefront of water recycling development

   

Who is issuing the warning? The Obama Adminsitration

What entities are being warned about data security threats?

• power companies
• water suppliers
• transportation networks

What’s sparked the warning? The attack n the Ukraine’s power grid 2 months ago. It was the first cyberattack that produced a wide spread blackout

What was the target of the cyber attack? industrial control systems that act as the intermediary between computers and the switches

What could hackers do with control over industrial control systems?

• distribution of electricity
• guidance systems for trains
• valves that control water supplies
• machinery that mixes chemicals at factories.

New York Times | Utilities Cautioned About Potential for a Cyberattack After Ukraine’s

Mexico deregulation is an abundance of opportunity for which Texas businesses? pipelines , refining, oil and gas drilling and electric generation and transmission

How can 12 pending eminent domain lawsuits impact Mexican deregulation?

• It will be the 1st time Texas courts consider whether pipelines are a proper public use when the pipeline traverses Texas but does not deliver goods to Texas. 
• No, public use means no eminent domain.

Expect 2017 legislative action on this new issue.

News West 9 | Pipeline company files eminent domain lawsuits against Big Bend landowners

What issues are land owners raising in the 12 pending eminent domain lawsuits for the Trans Pecos pipeline?

• Whether the petitions for eminent domain are valid
• Whether there is a proper public use (can there be a public use in Texas if Texas is not a recipient of any of the goods in the pipeline?)

Is this pipeline using eminent domain like every other pipeline in Texas using eminent domain? No, no one has ever built a pipeline like Trans Pecos with the purpose of selling natural gas to Mexico

Can the pipeline start building while lawsuits are pending? Yes. 

News West 9 | Pipeline company files eminent domain lawsuits against Big Bend landowners

• A 3 judge panel in DC sided with regulators who had previously agreed to Texas’ regulation of the dunes sagebrush lizard over additional federal regulations
• When the U.S. Fish and Wildlife Service declined to list the lizard as an endangered species in 2010, the Defenders of Wildlife and Center for Biological Diversity sued.
• Trial court dismissed the suit on summary judgement and the appellate court agreed.

Courthouse News Service | Texas given reins over rare lizard

Statesman | Appeals court upholds Texas’ controversial plan to protect dune lizard

What state is considering allowing cities and school districts to levy taxes against pipelines? Pennsylvania

Pennsylvania Senate Bill 905

Reading Eagle | Lawmaker questions conduct of land agents

•  Edison Electric Institute says even with the Supreme Court’s halting of the Obama Clean Power Plan, “nearly all new electricity generation is coming from wind or solar or from hyper-efficient generators that burn natural gas”
• Major strategic investments by the captains of industry support clean energy 
• the industry is embracing software and technology changes to boost generation, distribution and transmission

Governing | The Accelerating Clean Power Disruption

Background of Evangelicals for Clean Energy:

• Started in Texas with 24,000
• Formed in 1993
• Organizing 500,000 pro-life Christians nationwide
• The focus is its Pro-Life Clean Energy Campaign

What do the pro-life clean energy activists support?

• “stand up to utility monopolies protecting their profits”
• reduce fees and expensive regulations on clean energy
• 100% clean electricity in the U.S. by 2030

In their words:

“Our children, both the unborn and born, deserve the right to an abundant life unhindered by pollutants that threaten their hearts, lungs, and brains,” said EEN chief Rev. Mitch Hescox in a statement. “We have a biblical responsibility to defend our children and at the same time empower our markets for energy freedom.”

Fusion.net | Over 24,000 pro-life Christians in Texas are calling for 100% clean electricity by 2030

FERC Chairman says this is the game changer…. Large battery energy storage.

What will FERC do in response to this new sector of the energy market? ease the transition for large batteries onto the nation’s power grid

What does this mean for costs on the energy storage market? “energy storage costs should decrease 50 percent over the next five years”

Bonjour, Tesla and the others. Loyal Readers will recall the huge economic development deal Nevada put together for Tesla’s new battery plant in Washoe County.

Fuel Fix | FERC chairman: Energy storage potential “game changer”

Which state legislature is moving a 5 year moratorium on private company eminent domain use? South Carolina

What motivated this move? The Palmentto pipeline

What is the Legislature required to do in those 5 years? Study the use of eminent domain, specifically as it applies to pipelines. 

Jasper County Sun Times | S.C. Senate approves scaled-back eminent domain bill

Via Texas Lawyer, Speaker Straus will be promoting these legislative issues in 2017:

• sustainable energy development
• workforce development
• broadening education initiatives
• enhanced penalties for oil field theft

Texas Lawyer | Texas House Speaker Joe Straus Focuses on Energy Issues for Next Legislative Term

Far right activsits are paying attention to the voting requirements for the creation of special districts. 

What do they have their sites on? the use of temporary trailers to estbalish residency to vote for MUDs.

Big Jolly Politics | County Attorney asked for AG opinion on the use of rented voters- will he or won’t he?

Remember the time that TCEQ honored Dow’s 1942 superior water rights, cut off junior water rights to 700, mostly farmers, but made an exception for utilities? If you do, it won’t happen again.

What’s happening with this legal fight? The TX Supreme Court denied TCEQ’s claim and allows the appellate decision to stand that says, TCEQ can’t pick and choose among junior water rights.

What does this mean? utilities will probably want a state law exemption so they can make their junior water rights superior to other junior water rights.

AGRILIFE | BREAKING NEWS: TX and NM Supreme Court Rulings Impact Agriculture

KUT | Groundwater Case Could Have Trickle-Down Effects on Future Regulation

What type of land is being protected from researchers that want to gather data? Private property outside, the supporters point mostly to farm & ranch lands

What kind of data are they gathering? All sorts, such as water quality 

What do opponents to these new laws requiring permission to gather data on land say?

•  it prevents people from taking pictures of wildlife and scenery from public places
• the true intent is prevent the exposure of pollution
• the state trespassing laws violate federal law

What do the laws say? instead of having to prove that a person trespassed, the person who collected data has to prove that she had permission to be where she was when she collected the data

What Wyoming legislators say about the laws they passed: “ “Do we value property rights, or are we going to allow vigilantism in the guise of protecting the environment to trample those rights?” Wyoming state Sen. Larry Hicks (R)

WallStreet Journal | Wyoming Trespass Laws Under Fire by Environmentalists, Photographers

$864 is the average annual water bill for residents of Flint, MI.

That’s about double the national average & 3.5 times what their neighbors in Detroit paid.

Governing | Study: Flint Paid Highest Water Rates in U.S.

On the Importance of Water:

• Lavender: the main issue in this race- water
  • “It is critically important that we own and control our water supply—more critical than most anything else.”
• VanDeaver agrees that water is the top issue
  • he supports more local control. 

On DFW piping in water from East Texas

• Brown: letting DFW have control over East Texas water is crazy
• Hughes: DFW should look elsewhere
• Simpson: “We need to defend our resources, our water and our property,” he said. “Our economic future is just as valuable as Dallas.'”
• Lee: Dallas doeesn’t have a water supply problem, it has a water pipe problem. Fix the pipes.
• Simpson to the TWDB: “”Property rights need to be defended,” he said. “State water boards don’t need to be determining economic value.””

On Marvin Nichols Reservoir:

All 6 candidates say NO.

Texarkana Gazette | State candidates discuss water rights, other issues

 The details:

Which House race? House District 17- Cyrier v. Golemon

What water issue is involved? The SAWs pipeline & Cyrier’s 2015 HB 3163

What’s being said?

• Golemon is saying he doesn’t accept funds from groups that ” do not desire to protect rural water rights.”
• Opponents to the SAWS pipeline say that local groundwater districts are the only thing protecting rural Texans
• Opponents to the SAWS pipeline say rural Texans also don’t want their farmlands destroyed like in California

Watchdog | Water war looms over Texas House race

What state is considering a moratorium on pipelines? Georgia

Why a moratorium on pipelines? Is there a crisis? The state denied eminent domain authority for a pipeline that was owned by a private company and did not deliver any goods within Georgia.

What is the bill’s author saying? There needs to be a study of the eminent domain authority of pipelines and the environmental impacts

Is the author a Republican or Democrat? Republican

What are the specifics in the legislation? 

• A moratorium until the middle of 2017
• Create a 13-member commission of experts from business, agriculture, the environment and related fields to review the process, compare notes with how other states do it, and then prepare legislative recommendations by yearend.

Florida Times Union | Georgia House to consider bill to impose moratorium on pipelines

• Local Politics directly impact local compliance
  • e.g.: Texas Rio Bravo Water Treatment Plant that included local official doctoring water quality testing results
• Multi layer regulation- local government, state government, federal government
  • ​Fines take away public funding to correct the compliance issues
• It takes a long time before the EPA acts or admits it should have acted

The Atlantic | City Lab| Why It’s So Disturbingly Common for Water Regulation to Fail

Loyal subscribers have seen this trend as towns in Montana and California have moved to purchase by eminent domain private water utilities that aren’t providing a cost effective service to its citizens.

But, now the trend shifts to the Legislature. Which state legislature is moving language that allows local governments to use eminent domain to buy private utilities? Florida

What motivated the legislator to move forward with this new eminent domain authority?

• Constituents were ” being forced to pay rates that are much higher” than other residents of the same county
• The Constituents paid higher rates and experienced 

What triggers will the law have to allow the governments to buy private utilties?

• 65 percent of the customers sign a petition to initiate revocation of the utilities ability to operate
• the local government will have access to low-interest financing for utility acquisitions

Tampa Bay Times | Bill seeks to ease Summertree utility sale

Where did a state Supreme Court deny eminent domain power to a pipeline? Kentucky.

What do legal pundits say was the issue triggering the denial of the power of eminent domain? That the pipeline isn’t regulated as a utility under Kentucky law.

Why wouldn’t a pipeline be regulated under Kentucky law? Because Kentucky law restricts regulated utilities to those operating within the state. The proposed pipeline would traverse the state but not deliver goods for a public purpose in the state.

89.3 WFPL | Kentucky Supreme Court Won’t Take Up Bluegrass Pipeline Challenge

Courier Journal | Bluegrass Pipeline loss big win for landowners

• In 2015 Mexico had a 52% increase in pipeline theft
• Dozens of civilians have been killed due to oil thefts
• In 2014 3,674 illegal pipeline taps were discovered in Mexico
• Most rapid growth in theft are in the Mexican states of Tamaulipas and Veracruz

Why does this matter in Texas? Multiple Texas originating pipelines are bing built to carry product into Texas.

Business Insider | Mexico’s oil industry now has an organized-crime problem

Where is the gas well leaking? Southern California is experiencing a nonstop gas leak at the Aliso Canyon gas storage complex

What was the regulatory response to the nonstop gas leak? Emergency regulations and orders for inspections of all gas wells

What do the new rules and inspections require? 

• Require at least a daily inspection of gas storage well heads, using gas leak detection technology such as infrared imaging.
• Require ongoing verification of the mechanical integrity of all gas storage wells.
• Require ongoing measurement of annular gas pressure or annular gas flow within wells.
• Require regular testing of all safety valves used in wells.
• Establish minimum and maximum pressure limits for each gas storage facility in the state.
• Require each storage facility to establish a comprehensive risk management plan that evaluates and prepares for risks at each facility, including corrosion potential of pipes and equipment.

Contra Costa Times | State orders inspections, new rules for gas wells after SoCal gas leak

• Texas Railroad Commission met with the Mexican Energy and Finance Ministries to discuss stable shale exploration and regulations
• Texas Railroad Commissioner Christi Craddick spearheaded the meeting
• Opportunities abound: The Mexico Shale Summit is in San Antonio later this month

BOE Report | Mexico looks to Texas for assistance in developing own shale reserves

Tampaulipas Governor Torre-Cantu announced a memorandum of understanding between Tamaulipas and teh Federal Energy Commission to move forward with the $3.1 Billion pipeline to move Texas energy product into Mexico. 

The pipeline: Sur de Texas-Tuxpan Pipeline that will deliver natural gas from Texas to destinations in Mexico.

Houston Business Journal | 5 things to know in Texas energy this week

The U.S. Supreme Court ruling in  FERC v. Electric Power Supply Association  has 4 crucial elements:

• its a ruling against states that sought more control over the grid
• its a ruling that approves demand repsonse pricing
  • its a new federal approach to lowering electricity rates & avoiding power blackout

SCOTUSBlog | Opinion analysis: Court blesses lower wholesale power rates

The Colorado Oil and Gas Conservation Commission  passed new regulations that will:

• Allow local governments to consult with energy companies on well locations, storage tanks & other facilities
• Generally no local ordinances are permitted on well locations, storage tanks or other energy facilities.

The result of these new regulations:

• local governments are not pleased
• land owners are not pleased
• oil & gas is not pleased because the new regulations go further than task force recommendations. 

What’s the next move in Colorado:

• Supreme Court has pending cases on local fracking issues
• Colorado has initiative and referendum which may push the issue to the voters

CBS Denver | State OKs Oil-Gas Rules Giving Cities, Counties Limited Say

• Texas has 6,000 miles of gathering pipelines
• Gathering Pipelines have grown by 33% in the last 3 years
• Government Accountability Office reviewed gathering pipelines about found that:
  • gathering pipelines are largely unregulated
  • gathering pipelines are growing exponentionally in size and pressure
• The Texas Pipeline Association says Texas regulates gathering pipelines in rural and urban areas, but the feds are intent on passing regulations on gathering pipelines.

Houston Public Media | Once Largely Ignored, Oil And Gas ‘Gathering’ Pipelines Become A Concern In Texas

Suzanne Bertin will be the new executive director for the Texas Advanced Energy Business Alliance. 

What is the Texas Advanced Energy Business Alliance? a group of local and national companies that represent the vibrant and growing advanced energy industry in Texas

What’s the economic impact of this sector? Texas advanced energy revenue reached $16 billion in 201.

• That’s 8% of the total U.S. market for advanced energy technologies and products

Bertin’s bio:

• regulatory and government affairs in Texas and the Southeast for EnerNOC
• worked at Reliant’s Office of Policy Development at the Public Utility Commission of Texas (when the ERCOT competitive retail market was established)
•  electrical engineering positions for Austin Energy and NASA’s Johnson Space Center

Texas Advanced Energy Business Alliance Appoints Suzanne Bertin as Executive Director

What question is answered in attorney general opinion KP-0063? 

What did the Opinion Say? Yes, 1 water district can contract with another, but there are limitations, such as:

• a district cannot contract away its legislatively entrusted authority 
• a district can contract for rights, powers, and duties authorized by the Interlocal Cooperation Act, section 49.213 of the Water Code 
• a district cannot abrogate its fiscal responsibilities under section 49.067 ofthe Water Code 

• non-farmers calling rural landowners’ water rights a “gold mine” displeases farmers
• compensation for taking water is not the solution
• creating a water market is ” shortsighted and selfish”

“I look forward to working with my constituents and concerned citizens from all over the state to develop legislation that would promote the long-term welfare and prosperity of our communities, including exploring opportunities for conservation technologies to reduce demand and lessen our reliance on groundwater,” concluded  State Representative Cyrier.

Texas Farmers Tell Legislators to Stop Mining Our Water

• Most suseptible to advanced persistent cyber threats that target flaws in software programs that run water valves and controls
• In 2014, the FBI confirmed that Iran, China and Russia are actively looking for cybersecurity weaknesses in the U.S.’s water and electric infrastructure.

The profilactive solution: manual back up machinery. 

What regulatory/legislative help does the solution need? 

• Public utility commissions and the feds can help utilities recover the costs of running two systems
• State regulators can help reduce risks by working more collaboratively with federal regulators to push utilities to focus on creating comprehensive cybersecurity strategies rather than just complying with regulatory requirements, according to a report by the Government Accountability Office.

Governing | As Water Utilities Move Online, Hackers Take Note

Europe and Asia are hitting the breaks on solar incentives. What impact is that having on solar?

• Solar installations are expected to slow by 75%
• Last year the demand for solar increased by 34%
• US tax credits offset the impact to solar market declines in Europe and Asia

Fuel Fix | Solar power hits the brakes amid incentive cuts in Asia, Europe

• Texas A&M  researchers have discovered using residual fracking water in 1 part to 4 parts well water is sustainable for cotton farming
• The ultimate goal is to use residual fracking water for edible crop irrigation
• Currently 86% of the water used for farm and agriculture irrigation is groundwater. 

KSLA 12 | Fracking water being used to irrigate crops

• The 2,245 Texas public water suppliers were to test for lead and copper in their systems last year, but 1,001 failed to do so.
• TCEQ has no current data on lead and copper levels for  1 in 7 of the state’s 6,916 public water systems
• Its all the result of a 2014 TCEQ rule change that allows public water supliers to use the testing facility of their choice, which means the public water supplier is required to find the sample gathering equipment that the state testing facility provides.

Denton Record Chronicle | Failure to test water widespread

What’s this Texas Supreme Court case about? Whether the equipment, used underground, in the oil and gas world, is entitled to a manufacturing tax exemption.

What did the other courts do? From the bench the district court said, yes, the tax exemption aplies. Then the district court issued a written opinion that reversed the oral statements. The court of appeals agreed that underground oil and gas equipment is not entitled to a manufacturing tax credit.

When will we know what the TX Supreme Court says? Sometime after the March 8, 2016 oral arguments.

What’s the legislative outlook? Two options:

• If the exemption exists, the state will amend the tax code to recoup the lost revenue
• If the exemption doesn’t stand, oil and gas, can move to clarify that underground equipment does qualify for the manufacturing tax exemption.

Your Oil & Gas News | Texas Supreme Court schedules oral arguments in southwest royalties case

• Senator Rodriguez is speaking out in opposition to El Paso Electric’s rate case before the PUC 
• El Paso Energy’s rate case would “set precedent that utilities can discriminate against solar”
• El Paso Energy seeks to move solar customers
  • into a brand-new rate class
  •  increase bills by at least 24%
  • move to time of day billing, basing bills on the time of day these customers get the most energy from EPE

Rio Grande Guadian| Senator Jose Rodriguez| RODRÍGUEZ: PUC SHOULD REJECT EL PASO ELECTRIC’S DISCRIMINATORY SOLAR PROPOSAL

• Scientists see a link between fracking and seismic activity
• The Railroad Commissioner and its seismologist aren’t convinced
• Texas needs “definitive research is necessary to convince” the Railroad Commission
  • Definitive research may be found in the $4.5 million the Legislature appropriated to studying seismic activity via the Bureau of Economic Geology at the University of Texas at Austin

STAR TELEGRAM EDITORIAL | Seismic study should get to cause of quakes

• Cobb: “Big cities are buying conservation easements for the water. Rural values are Texas”

• Williams: “Water has ownership and price; you’ll run out of cheap water. You have to keep ownership of the groundwater.”

• Downton: Rice farmers use more water and pay 1/10th the water cost

• Mayes: the legislature needs to protect rural water from commercial and metropolitan “takers.”

• Williams: ” the Senate can’t change people’s vested water rights, and “surface water is ‘done’ in Texas with no growth possible.” Owned groundwater, once taken, must be priced right and controlled by price and property rights.”

Hill Country Community Journal | State Senate candidate forum informs at RWKC

• What is the source for the major investment in deregulation in Mexico? Goldman Sachs
• What is the amount of the investment? at least 50% of the equity in any projects BONJOUR Texas Companies looking for an entry, totalling  at least $1.15 billion
• What are hte targets of the investment?
  • Mexican energy infrastructure

NASDAQ | Goldman Sachs Plans Mexico Energy Infrastructure Investments

• What type of clean energy should Texas invest in?
  • hyperloops
  • efficient automobiles
  • buildings that consume less energy and economical electricity storage
  • continued support of wind energy
• Diversification of clean energy shields Texas from potential future rate hikes required by fossil fuel derived energy
• Moving toward natural gas fleets offer:
  • less carbon dioxide than diesel
  • reduced vehicle maintenance
  • lower fuel costs

Trib Talk | Mark Holtzapple| professor of chemical engineering, Texas A&M University

What state has a legislator trying to stop eminent domain authority? Illinois State Sen. Kyle McCarter  

What project does the IA State Senator want to stop? Grain Belt Express Clean Line power project

Why is he opposed to the clean power line using eminent domain? 

• Because he supports the private property rights
• Because the project offers no clean energy for Illinois
• Because the eminent domain authority resides with a private company, held by private investors

Illinois Business Journal  McCarter objects to eminent domain for midstate transmission line project

• On December 20th, wind energy accounted for 45% of ERCOT load
• The high wind capacity created no grid instability because ERCOT “has ample fast-ramping natural gas generation“
• ERCOT maintained reliability due to natural gas and demand management resources

Utility Dive | ERCOT: Wind energy provided record 45% of electricity on Dec. 20th 2015

 Fieldwood Energy CEO Matt McCarroll says Mexico represents long-term opportunity because:

• US companies can utilize efficiencies and development tools that PEMEX hasn’t used
• US Companies can enter into joint ventures with Mexican companies

E&P Magazine | Long-Term Opportunity: Fieldwood Energy CEO Talks Mexico, GoM

Background: In 2013 Mexico opened oil and gas fields to foreign companies for the first time in 75 years. That’s the first time Pemex, Mexico’s controlling oil and gas company, has seen competition in 75 years. 

What’s going to happen to reform Pemex?

• Pemex will sell assets
  • it owns hospitals
  • floating hotels
  • shipbuilding firms
• Pemex will cut workforce
• Pemex will ” refocus its resources on finding, producing and refining oil and gas”

San Antonio Express News | The next big thing in Mexican energy reform: Pemex

Houston Chronicle | Pemex remains a tough challenge for reformers in Mexico

What dam got hacked? Iranian hackers targeted a dam in New York. Shortly thereafter Ukranian hackers got into a power grid.

What type of hack triggers a state response or the creation of a new state penalty?

• Look to whether the hackers took control of the system or just “looked around”
• Look to whether any person was injured as a result

Just Security | Was the Cyber Attack on a Dam in New York an Armed Attack?

Where did the California Energy Commission opened a Clean Transportation Center?  San Joaquin Valley

Why? 2 reasons. 

1. accelerate the use of clean vehicles and fuels
2. assist the region quickly meet its air quality targets

What will the clean energy center provide?

• technical assistance
• project development expertise
• support with acquiring funding for San Joaquin Valley vehicle fleet owners, local governments, businesses and residents.
• Expand the use of zero-emission vehicles, clean trucks and high-efficiency non-road equipment.

NGT News | State-Funded Clean Transportation Center Opens in California

Which state regulators said yes to net metering reforms? Nevada’s Public Utility Commission

What was the Nevada PUC rational for moving forward with net metering reforms? 

• The need for rooftop solar rules that treat all ratepayers equally​
• Legislature required the PUC to address set metering rules

What did the Nevada net metering reforms do?

• decreased the rate paid to rooftop solar customers for the power they export to the grid
• created a seperate rate class for all small commerical and residential net metering customers
• created a time-of-use pricing option
•  increase in fixed charges alongside a decrease in the volumetric commodity charge designed to recoup costs from net metering customers
• increase the monthly charge for rooftop solar from $12.75 to $17.90 per month in the first year
• the increase will eventually reach $38.51 at the end of five years for rooftop solar customers
•  NEM credit for present and future solar owners would fall from $0.11/kWh to $0.09/kWh in the first year and then, progressively, to $0.026/kWh in 2020.

Utility Dive | Nevada PUC denies request to stay solar net metering reforms

Who’s the new kid? Waterbridge Resources

Where are they? Houston

What’s their business?  to “develop, acquire and manage water infrastructure for upstream producers”

Oil & Gas investor | WaterBridge Resources Receives $200 Million In Equity

• The solar jobs grew 12 times faster than the overall economy;
• This is the 3rd consecutive year that solar employment grew by approximately 20%;
• Veterans of the U.S. Armed Services make up 8.1% of the solar workforce;
• In 2016, solar industry will increase by 14.7%

The Solar Foundation | National Solar Jobs Census

How did these concept of tariffs emerge for building electricity transmission lines and pipelines? Legislators in New Hampshire are seeking to find a way to address landowner concerns about natural gas pieplines connecting to electricty generating facilities.

What is the purpose of imposing a tariff? ” make pipeline construction and sale of natural gas in New Hampshire more expensive, less profitable and less attractive.”

Ledger Transcript | Bills Aim to Thwart Pipeline

Texas Legislative Council was kind enought o comb through 2015 legislation to tell us all about other interim studies buried deep in bills & resolutions.

For energy and water, we’re talking about these bills:

• UT Austin’s TexNet Seismic Monitoring program report
• What the report will answer: 
  • modeling of reservoir behavior for systems of wells 
  • establishment of a technical advisory committee
  • costs necessary to maintain the TexNet Seismic Monitoring program after 2016 
• When the report is due: December 1, 2016 
• What bill triggered this: HB 2, Section 16

• ​PUC will report on Alternative Electric Utility Rate Making Mechanisms
• What the report will answer:
  • recommendreforms to the ratemaking process 
  • reforms must improve  the efficiency and effectiveness of the oversight of electric utilities
  • reforms must ensure that electric rates are just and reasonable 
• When the report is due: January 31, 2019 
• What bill triggered this: SB 774, Section 1

• GLO, with help from TWDB, to study the use of wind or solar power to desalinate brackish groundwater
• What the report will answer: the report is required to contain the results of the study
• When the report is due: December 31, 2016 
• What bill triggered this? SB 991, Section 2

• TWDB to study the hydrology and geology of confined and unconfined aquifers 
• What the report will answer: 
  • determine the quality and quantity of groundwater in these aquifers
  • whether these aquifers are tributary or non-tributary
  • the contribution of these aquifers to any surface flow or to any other aquifer in Texas 
• When is the report due? December 31, 2016 
• What bill triggered this? HB 1232, Section 1

TLC | Interim Studies Established by Enrolled Bills and Resolutions 84th Legislature

3 take aways from the alleged Russian hacking of the Ukrainian power grid:

• “the malware used in the attack as part of the BlackEnergy family”
• 700,000 homes were left without power
•  U.S., officials say hackers from Russia, Iran and China are all probing the U.S. power grid for vulnerabilities

The Hill | Russia tied to cyberattack on Ukrainian power grid

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