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Author: Annie Kellough

Are off-channel reservoirs the environmentally-friendly water storage solution we’ve been searching for?

Many of us have fond memories of spending time swimming, boating and fishing in Texas’ lakes. From Lake Livingston in East Texas, to Lake Travis in the Hill Country or Lake Granbury in North Texas, these lakes are important destinations for countless families. But while so many of us remember the impact these “lakes” have had on our lives, many of us may not  realize that these “lakes” are actually man-made water supply reservoirs. Wheeler Branch Lake Reservoir. Photo courtesy of Carla Borghesi Clark On-Channel or Off-Channel Reservoirs: What’s the difference? There are a total of 196 “major” reservoirs (major meaning it can hold more than 5,000 acre-feet of water) across the...

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Environmental Flow Battle on the Brazos

As Texas ebbs and flows between drought and flooding, one of the largest applications for a surface water right that the state has ever seen has been slowly progressing through the administrative legal system. As proposed by the Brazos River Authority (BRA) and TCEQ’s Executive Director, the permit does not come close to protecting environmental flows adequate to protect a sound ecological environment. TCEQ adopted environmental flow standards in 2014 for the Brazos basin as part of the Senate Bill 3 (S.B.3) environmental flow process. Under S.B.3 all pending water right applications in that basin are required to comply with those standards. Unfortunately, those standards, adopted through a lengthy process, fall short of what...

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Texas’ Courts Legal Treatment of Groundwater is Fluid

Groundwater rights have been hotly debated in Texas for as long as there has been the ability to pump it. Unlike surface water, which is owned by the state and held in trust for the public, Texas courts have ruled that groundwater is the surface owner’s vested private property. This vested right can be regulated by Groundwater Conservation Districts (GCD). But not all regions have GCDs and their regulatory approaches can vary greatly even if they are present, so the primary legal rule governing groundwater pumping is the Rule of Capture. This rule was adopted by the Texas Supreme Court as the governing principle of groundwater law over a century ago. The Court did...

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