Perspectives and Policy Issues on Indirect Reuse

Transcription

1 Perspectives and Policy Issues on Indirect Reuse Lyn Dean Associate General Counsel Lower Colorado River Authority November 2006

2 Terminology: Direct Reuse Treated wastewater effluent is transported directly from the WWTP via pipeline or similar conveyance for subsequent use Clearly authorized under Texas law unless expressly limited in the water right 2

3 Terminology: Indirect Reuse Treated wastewater effluent first discharged into a watercourse and transported via the bed and banks of a watercourse for subsequent diversion and use 3

4 Who Cares About Reuse? Texas Population Growth Estimates ( ) 50 Population (millions) Year Source: Texas Water Development Board (4/17/2006) 4

5 Texas Water Demand Projections ( ) Acre-feet (Millions) D2000 D2010 D2020 D2030 D2040 D2050 D2060 year IRRIGATION LIVESTOCK STEAM ELECTRIC MINING MANUFACTURING MUNICIPAL Source: Texas Water Development Board (4/17/2006) 5

6 Regional Plans Reuse included in 14 Regional Plans 1.3 million acre-feet by % of this is for indirect reuse, 28% is for direct reuse Pending applications for indirect reuse seek about 1.6maf/y across the state nearly all are contested 6

7 Issue 1 - Is it a New Appropriation or Something Else? Statutory Conflict Is it surplus water available for appropriation by others? (Water Code ) or Is it water for which you can get a bed and banks permit? (Water Code ) Impacts Who pays? Timing and nature of infrastructure investments? 7

8 Issue 2 Does the Source of Effluent Matter? Groundwater Imported Surface Water In-basin Surface Water 8

9 Other States In Basin Reuse Colorado once discharged, it is part of the stream (Ft. Morgan Reservoir & Irr. Co v. McCune, 206 P. 393 (Colo. 1922); Pulaski Irr. Ditch Co. v. City of Trinidad, 203 P. 681 (Colo. 1922)) Montana no right once water is beyond direct control (Rock Creek Ditch & Flume Co. v. Miller, 17 P.2d 1074 (Mont. 1932). Arizona -- effluent discharged into a watercourse is state water (Arizona Pub. Serv. Co. v. Long, 773 P.2d 988 (Ariz. 1989)). New Mexico once the effluent actually reaches a watercourse or underground reservoir the [discharger] has lost control over the water and cannot recapture it. (Reynolds v. City of Roswell, 654 P.2d 537 (N.M. 1982) 9

10 Other States Imported Water Colorado City and County of Denver v. Fulton Irr. Ditch Co., 506 P.2d 144 (Colo. 1972); City of Thornton v. Bijou Irr. Co., 926 P.2d 1 (Colo. 1996) the right of re-use, successive use, and disposition after use of the imported water included the right to sell to downstream irrigators after discharge Express statutory treatment for foreign water from an unconnected stream system 10

11 Issue 3 Are Historic and Future Return Flows Treated Differently? Do we honor past permitting decisions (return flows assumptions of actual or future levels of return flows)? Do we protect the reliability of water rights enjoyed because of return flows? 11

12 Issue 4 Who Can Get Reuse Rights? Underlying water right holders? or Purchasers of raw water? or The Dischargers? or Anyone? 12

13 Recent Utah Legislation House Bill 38 (2006) Direct reuse municipal water rights takes priority date of the underlying right controlled by a public entity; a governmental entity can contract to establish requisite control of POTW consistent with the underlying water right (consent of underlying water supplier required) downstream water rights can be protected Use of discharged effluent permitted through the normal appropriations process See Division of Water Resources, State of Utah Natural Resources, Water Reuse in Utah (April 2005). (available online at 13

14 Other states California local sanitation districts can sell effluent but limited to areas served by other water suppliers (Cal. Code Reg. Titles 17 & 22; Cal. Water Code 13550) Nevada through normal appropriation system, WWTP gets the initial water right (Nev. Rev. Stat ) Washington right goes to WWTP but it must get agreement and compensate or mitigation impairment to existing downstream rights (Rev. Code Wash. Ch ) 14

15 Issue 5 What About Environmental Flows? Return flows are a recognized and significant source of environmental flows Do we sustain artificially created habitats and flow regimes? What does the environment really need? 15

16 At times, return flows may account for a significant percent of the flow in the river. 100% Flow in the Colorado River 80% 60% 40% 20% 0% Jan-97 Aug-97 Feb-98 Sep-98 Mar-99 Oct-99 May-00 Nov-00 Jun-01 Dec-01 LCRA, September

17 What Next? Potential Legislative Action - Agency Recommendations - Regional Planning Group Requests - Interim legislative hearings Pending Disputes - Litigation or Settlement? TWCA Reuse Committee 17

18 Acknowledgments TWCA Reuse Committee LCRA Staff 18