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Archive for the ‘Water’ Category

Public Citizen’s positions on the pre-filed amendments to the PUC Sunset bill can be viewed here: http://bit.ly/Guide_to_Amend_PUC_Sunset_bill_HB1600 or in the table below.

Support These Amendments to Improve the PUC Sunset Bill

Bar code # Sponsor Description Comment
830096 Cook clean up cleans up language in bill – no substantial changes
830097 Cook clean up cleans up language in bill – no substantial changes
830077 Davis bans sharing of customer info from advanced meters eliminates the value of smart meter – demand response providers may not be able to operate (NOTE: amendment to the amendment will fix this problem)
830076 Davis requires annual  review of certificate holders
830087 Davis requires written disclosure prior to releasing info from advanced meters protects customer privacy while allowing demand response providers to operate with permission of customer
830088 Davis makes utility liable for damages to advanced meter during installation or removal protects customer from unreasonable charges
830089 Davis bans billing for average use of electricity restricts customer choice (NOTE: amendment to the amendment will fix this problem by allowing customers to choose levelized billing)
830090 Davis reregulates the electric market assures adequate resources to meet the load
830101 King caps transmission congestion costs protects consumers
830104 Phillips prevents Texas generators from exporting electricity from ERCOT during an electricity emergency protects reliability in ERCOT
830084 Phillips bans cost recovery for interstate transmission lines out of state electric generators must finance their own transmission
830086 Rodriguez sets 35%  renewable portfolio standard by 2020 increases generation, local jobs and investment
830082 Strama establishes a peak energy portfolio standard improves reliability and increases local investment and jobs
830106 C Turner requires study by gas utilities on replacing their gas distribution lines improves safety
830072 S Turner requires legislative approval to increase the Universal Service Fund limits costs to consumers
830073 S Turner restricts cease and desist orders for customers to those causing a danger provides reasonable restrictions of PUC power and protects customers
830078 S Turner increases state penalties for market abuses and eliminates double jeopardy restores recommendation of Sunset Advisory Commission staff to increase fines for market abuse
830103 S Turner requires cost-benefit analysis when PUC makes significant market changes helps protect consumers
830102 Vo requires 30 day notice of discretionary changes in electric rates provides some customer protection against unexpected electric rate increases
830098 Walle limits water companies to one rate increase each 3 years and limits the amount of any increase protects consumers

Oppose These Bad Amendments to the PUC Sunset Bill

Bar code # Sponsor Description Comment
830095 Cook changes qualifications for PUC commissioners allows utilities to have too much control over commission
830100 Gonzalez gives PUC citing authority over a new plant in the El Paso area shouldn’t apply to just one company
830085 Krause eliminates the PUC’s ability to issue a cease and desist order jeopardizes reliability
830105 Laubenberg eliminates the PUC’s ability to issue a cease and desist order jeopardizes reliability
830091 Phillips interferes with reliability must run plans could jeopardize reliability and create inefficiencies
830092 Phillips requires CREZ lines to be buried in a specific municipality significantly increases electric consumers’ costs
830093 Stanford eliminates cease and desist orders for retail customers prevents the PUC from stopping abusive behavior and protecting reliability of the electric grid
830094 Sheets creates a 5 member Public Utility Commission two commissioners could meet without following open meeting requirements
830079 Simpson eliminates the PUC’s ability to issue a cease and desist order jeopardizes reliability
830080 Simpson eliminates cease and desist orders for retail customers prevents the PUC from preventing abusive behavior and protecting reliability of the electric grid
830081 Simpson shifts cost of opting out of advanced metering to other customers puts unfair cost burden on customers
830074 S Turner changes to single elected commissioner opens door to even more industry influence over regulators through campaign contributions

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Whooping Cranes - Wikipedia Photo

Whooping Cranes – Wikipedia Photo

A federal judge has ruled that the Texas Commission on Environmental Quality was responsible for the deaths of 23 rare whooping cranes in the winter of 2008-2009.

Senior U.S. District Judge Janis Graham Jack in Corpus Christi found that TCEQ’s management of rivers feeding San Antonio and Aransas bays caused their salt levels to rise and says the state must develop a conservation plan to protect the last naturally migrating flock of the endangered birds.

Her order also bars the state from issuing any new water permits on the rivers.

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San Antonio Kick-Off is scheduled for Wednesday, March 13, 2013 at the Whole Foods Market Meeting Room, 255 E. Basse Rd. #130, San Antonio, TX, 78209

RSVP here!

This past year, Texas experienced one of its worst droughts: Reservoirs dipped to record lows, and as many as 500 million trees across Texas died.  In San Antonio, it seems everyone knows the level of the Edwards Aquifer, and recent storms have not brought adequate relief or repaired this damage.

The good news is that we can save millions of gallons through common-sense, cheap solutions like fixing leaky pipes and recycling water that we have already collected. But we need YOUR help. The best way to learn more and get involved is to join San Antonio’s Save Texas Rivers Kick-Off Wednesday, March 13 at 6:30PM.

Environment Texas will discuss Texas water policy, the importance of conservation, and ways to ensure a sustainable water future. RSVP here and bring a friend!

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In a new peer-reviewed scientific study, experts said satellite data show sea levels rose by 3.2 millimeters a year from 1993 to 2011 — 60 percent faster than the 2 mm annual rise projected by the U.N.’s Intergovernmental Panel on Climate Change (IPCC) for that period, however  the IPCC was just about spot on with its predictions for warming temperatures.

The IPCC has estimated that seas rose by about 7 inches over the last century, and estimates a range of between 7 and 23 inches this century.  This is enough to worsen coastal flooding and erosion during storm surges and if the impacts of Hurricane Sandy is any indication, will dramatically impact the dense coastal populations around the world.

The most recent IPCC report did not factor in a possible acceleration of the melt of the Greenland and Antarctic ice sheets and “assumed that Antarctica will gain enough (ice) mass” to compensate for Greenland ice loss, the new study’s authors noted, but more recent studies have shown that “the ice sheets in Greenland and Antarctica are increasingly losing mass.”

When the next IPCC report comes out in March 2014, we should expect a more quantitative understanding of ongoing sea level rise — and an entire chapter on the topic —given the impacts on the densely populated coastal regions of the world.

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Submit a comment to the Nebraska Department of Environmental Quality (DEQ) on how risky the Keystone XL pipeline route is for the Nebraska Sandhills and the Ogallala Aquifer. Help us get over 1,000 comments submitted.  Click here to send a comment to the Nebraska DEQ.  If you are not from Nebraska, change the comment and let them know how this affects you.

The Ogallala Aquifer is part of the High Plains Aquifer System.  It is a vast, yet shallow, underground water table aquifer located beneath the Great Plains in the United States. One of the world’s largest aquifers, it covers an area of approximately 174,000 square miles in portions of eight states.  These include South Dakota, Nebraska, Wyoming, Colorado, Kansas, Oklahoma, New Mexico, and Texas.

 

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Native Americans protesting the Keystone XL pipeline will be compelled to stay in enclosure located miles from President’s pro-oil event

Native American’s gathering in Cushing, OK today to protest President Obama’s words of praise for the Keystone XL pipeline were forced by local authorities to hold their event in a cage erected in Memorial Park. The protestors were stunned that their community, so long mistreated, would be insulted in such an open manner instead of being given the same freedom of speech expected by all Americans simply for taking a stance consistent with their values.

“A lot of tribal councils and Indian businesses struggle to find a balance between economic resources and our inherited responsibilities for the earth,” said Indian actor and activist Richard Ray Whitman in a statement. “How will the decisions we make now effect coming generations?”

“President Obama is an adopted member of the Crow Tribe, so his fast-tracking a project that will desecrate known sacred sites and artifacts is a real betrayal and disappointment for his Native relatives everywhere,” said Marty Cobenais of the Indigenous Environmental Network. “Tar sands is devastating First Nations communities in Canada already and now they want to bring that environmental, health, and social devastation to US tribes.”

The President visited Cushing to stand with executives from TransCanada and throw his support behind a plan to build the southern half of the controversial Keystone XL pipeline to move tar sands bitumen and crude oil from Cushing to the Gulf Coast refineries in Texas.

A major concern for Native Americans in Oklahoma, according to spokespeople at the event, is that Keystone XL and the Canadian tar sands mines that would supply it ignore impacts to indigenous communities and their sacred spaces.

“Natives in Canada live downstream from toxic tar sands mines,” said Earl Hatley, “and they are experiencing spikes in colon, liver, blood and rare bile-duct cancers which the Canadian government and oil companies simply ignore. And now they want to pipe these tar sands through the heart of Indian country, bulldozing grave sites and ripping out our heritage.”

The group points to a survey done by the Oklahoma Archeological Survey which found 88 archaeological sites and 34 historic structures that were threatened by Keystone XL. TransCanada was asked to reroute around only a small portion of these, leaving 71 archaeological sites and 22 historic structures at risk. The group says they have asked for a list of these sites and to oversee operations that might threaten sacred burial grounds, but neither request has been honored.

Beyond the threat to their own cultural heritage, the group voiced opposition to the pipeline’s environmental impacts.

“The Ogallala Aquifer is not the only source of water in the plains,” said RoseMary Crawford, Project Manager of the Center for Energy Matters. “Tar sands pipelines have a terrible safety record and leaks are inevitable.”

“We can’t stop global warming with more fossil fuel pipelines,” added Crawford. “The people who voted for this President did so believing he would help us address the global environmental catastrophe that our pollution is creating. He said he would free us from ‘the tyranny of oil.’ Today that campaign promise is being trampled to boost the President’s poll numbers.”

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Comment Period Extended to March  23rd

The Texas Commission for Environmental Quality is the second largest environmental agency in the world—with a budget to match. Help hold TCEQ accountable for taxpayer’s interests and stop them from implementing rules that favor polluting businesses.

TCEQ’s Mission Statement and Agency Philosophy includes a commitment to “ensure meaningful public participation in the decision-making process.”  Frankly, that did not translate into practice last week.  At the public hearing on Tuesday, March 6th, Public Citizen testified about our experience attempting to gain access to an agency analysis of the proposed changes to Chapter 60 (Compliance History) rule on a previous report that is accessible on TCEQ’s website as an ASCII file which can be imported into an excel spreadsheet. (more…)

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Get tough on environmental crimes

Texas law requires that the our state environmental agency, the Texas Commission on Environmental Quality (TCEQ), consider a facility’s past compliance when making decisions regarding permits or inspections.  In fact, a facility’s Compliance History score affects every bit of its business with the TCEQ.

New rules currently proposed by the TCEQ to the Compliance History program would possibly bump up thousands of previously categorized “poor” performers to an “average” classification without having removed an ounce of pollution from our air and water.  The TCEQ has introduced even more limitations which will only further serve to keep every facility average.  These changes include increasing the score by which a performer falls into the poor category, separating repeat violations by media (i.e. administrative violations vs specific emissions violations), giving the TCEQ Executive Director extraordinary authority to change a facility’s classification, and handing out bonus points for ill-defined and unregulated voluntary measures that a facility can implement.

If the Compliance History program reforms go forward as currently written, we will be missing out on two major opportunities by continuing to pretend that all facilities in this state are average.

  • First, we miss a chance to implement the type of regulation that a lot of people in our state prefer.
  • Second, and most importantly, we miss a huge opportunity to try to clean up the air and water around our state in a business friendly manner.

At a time when the challenge of grappling with an increasing array of environmental and health threats to our state and its population gets harder every day, we cannot afford to let such opportunities pass us by.  We urge the TCEQ to reconsider its Compliance History rules, and deliver a program that works to the people of the state of Texas.

The public has a chance to weigh in on these rules and we ask you to consider coming to the public hearing on March 6th or sending comments to the TCEQ by March 12th.  Tell them:

  • Don’t pardon the polluters by increasing the threshold for being declared a poor performer
  • Don’t give the executive director the right to pardon polluters
  • Don’t give polluters a get out of jail free card for signing up for “defensive polluting” classes

As we know from our criminal justice system, swift sure and certain punishment deters crime.  We should apply these lessons to environmental crime too

Public Hearing : TCEQ will hold a public hearing on this proposal in Austin on March 6, 2012 at 10:00 a.m. in Building E, Room 201S, at the commission’s central office located at 12100 Park 35 Circle.

Comments can be submitted  by March 12, 2012.

Tips on Commenting Effectively

You will be providing comments for the rulemaking – 2011-032-060-CE: HB 2694 (4.01 and Article 4): Compliance History

  • Identify who you are and why the regulation affects you;
  • Explain why you agree or disagree with the proposed rulemaking;
  • Be direct in your comment; and
  • Offer alternatives, compromise solutions, and specific language for your suggested changes.

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drought monitor Feb 7, 2012While only 23 percent of Texas remains under “exceptional” drought, 90% of the state is still under some level of drought in spite of the recent rains many parts of the state have experienced.  But we can’t get cocky, as the U.S. seasonal drought outlook indicates most of Texas can expect the drought to persist or intensify through April of this year.  If we are lucky, the next outlook won’t be so dire as we head toward another Texas summer, hopefully not like our last one.

Drought Outlook thru April, 2012

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Spicewood, Texas, a small community on Lake Travis, is precariously close to becoming the state’s first community to run out of drinking water during this historic drought.  On Monday, under dark clouds and with rain falling, Spicewood got its first delivery of 8,000-gallons of water after it became clear local wells could no longer produce enough water to meet the needs of the 1,100 residents.

Several communities in Texas have come close to running out of water during 2011, the driest year in Lone Star State history, but until now none had to truck in water.

For more than a year, nearly the entire state of Texas has been in some stage of severe or exceptional drought. Rain has been so scarce lakes across the state have been drying up. One town near Waco, Groesbeck, bought water from a rock quarry and built a seven-mile pipeline through a state park to get water. Some communities on Lake Travis moved their intake pipes into deeper water. And Houston started getting water from an alternative, farther away reservoir when Lake Houston ran too low.

Although it has started to rain more this winter, it is not enough to fill the state’s arid rivers and lakes.  Austin, Tx still remains nearly 20 inches below normal rainfall for the past 12 months, so we are talking about rainfall events of 20 inches plus, basically flood events, to bring the lake levels up.

Under the current long term weather predictions, we are not likely to see such an extreme weather event as la Nina keeps its hold on Texas, bringing dryer than normal conditions through the spring.  2012 is going to be a difficult year for the Lone Star state.

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As Texas struggles to determine how they will meet their water needs in the face of what could be an extended 5 to 10 year period of drought, Oklahomans are looking to protect their water rights as their neighbors to the south look on lustfully.

An Associated Press story says proposed legislation by two Oklahoma state lawmakers would require a statewide vote of the people before any out-of-state sale of Oklahoma water. Sen. Jerry Ellis of Valliant and Rep. Eric Proctor of Tulsa said the legislation, dubbed “The People’s Water Act”, would give Oklahomans the final say in deals with other states.

The Tarrant Regional Water District has waged a multi-year legal battle to obtain water from Oklahoma that has so far been unsuccessful. Ellis, who is based in water-rich Southeastern Oklahoma has been one of the most vocal opponents of water sales to Texas and said the future of Oklahoma water should not be decided in private meetings between politicians and Texans.

In the 1870s to 1881 recurrent friction and eventual violent conflict over water rights in the vicinity of Tularosa, New Mexico, involving villagers, ranchers, and farmers were well documented.  As the region deals with this extended drought, which some say could be the region’s new norm, could we be looking at more conflicts over water, not only along groundwater sources inside the state, between industrials, urban areas and agriculutural regions, but between Texas and its neighbors?

Read more here: http://blogs.star-telegram.com/politex/2012/01/bill-would-give-oklahomans-the-right-to-vote-on-any-texas-water-sale.html#storylink=cpy

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A draft finding by the U.S. Environmental Protection Agency (EPA) could have a chilling effect on states trying to determine how to regulate the process.

Fracking, or hydraulic fracturing, involves pumping pressurised water, sand and chemicals underground to open fissures and improve the flow of oil or gas to the surface.

The EPA found that compounds likely associated with fracking chemicals had been detected in the groundwater beneath the Wyoming community of Pavillion where residents say their well water reeks of chemicals.

Health officials advised them not to drink their water after the EPA found hydrocarbons in their wells.

The EPA announcement has major implications for the vast increase in gas drilling in the US in recent years. Fracking has played a large role in opening up many reserves.

The industry has long contended that fracking is safe, but environmentalists and some residents who live near drilling sites say it has poisoned groundwater.

The EPA said its announcement is the first step in a process of opening up its findings for review by the public and other scientists.

“EPA’s highest priority remains ensuring that Pavillion residents have access to safe drinking water,” said Jim Martin, EPA regional administrator in Denver. “We look forward to having these findings in the draft report informed by a transparent and public review process.”

At this time, the EPA is emphasising that the findings are specific to the Pavillion area. The agency said the fracking that occurred in Pavillion differed from fracking methods used elsewhere in regions with different geological characteristics.  Further studies need to be done in specific areas and the finding of this report should not be extrapolated to other areas of high activity.

This feels a bit like the EPA is hedging their bets and is scant consolation to those folks in other parts of the country who have the sideshow ability to light their water taps on fire.  Nevertheless, this finding may make it easier for other communities to have their voices heard when they express concerns about pollution of their water supplies.  This will be particularly important in Texas which is looking at a multi-year, record breaking drought in their future.

The fracking occurred below the level of the drinking water aquifer and close to water wells, the EPA said. Elsewhere, drilling is more remote and fracking occurs much deeper than the level of groundwater that anybody would use.

In Colorado, regulators are considering requiring oil and gas companies to publicly disclose the chemicals used in fracking

The public and industry representatives packed an 11-hour hearing on the issue on Monday. They all generally supported the proposal but the sticking point is whether trade secrets would have to be disclosed and how quickly the information would have be turned over.

Industry representatives say Colorado and Texas are the only states to have moved to consider disclosing all fracking chemicals, not just those considered hazardous by workplace regulators.

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Waste Control Specialists LLC (WCS) is seeking several amendments to its Radioactive Material License # R04100 from the Texas Commission on Environmental Quality (TCEQ).  Five of the amendments request design changes to the Compact Waste Disposal Facility (CWF) and the Federal Waste Facility (FWF) for commercial and federal low-level radiactive waste disposal. The other two amendment applications set forth new Waste Acceptance Criteria that includes rates and contract considerations and new pavement design considerations.

Just as important, TCEQ is considering revising language and definition for waste of international origin, acceptance criteria, reporting of inventory and liability coverage as well as the issued TCEQ waste water permit.

TCEQ is accepting public comments and requests for a public meeting.  These can be submitted by mail to:

the Office of the Chief Clerk
MC 105
TCEQ
P. O. Box 13087

or electronically at www.tceq.state.tx.us/about/comments.html by December 17th.

If you need more information about the license application or the licensing process, please call the TCEQ Office of Public Assistance at 1-800-687-4040.

We will post the link to the amendment applications as soon as we are able to find them.  TCEQ recently migrated its database and the links no longer work.  Makes finding materials to base written comments on a bit more complicated.

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This is a guest blog by departing Public Citizen intern Chantelle B.

In recent months, Nebraska’s government has taken a strong stand against the Keystone XL Pipeline’s route, which currently passes through the ecologically fragile Sandhills region and North America’s largest aquifer – the Ogallala – which, if polluted, could have disastrous effects. The majority of this aquifer lies under Nebraska, and provides the state with 70% of its freshwater.  But the Ogallala aquifer’s importance goes beyond Kansas.  It is one of the most important sources of water in the Plains Region, used for residential and industrial purposes as well as agriculture, the base of the economy in the area. Texas is one of the leading states irrigating from the aquifer, accounting for about 40% of Texas’ water use.  Officials in the Nebraskan State government, such as Governor David Heinman, have signed a bill to ensure that TransCanada will not be able to build their behemoth of a Pipeline through the precious Sandhills region.

On November 10th, President Obama delayed the date for granting TransCanada a permit to construct the Pipeline across the U.S.-Canada border until after the 2012 Presidential elections. One component of the President’s decision to postpone the Pipeline’s construction was to ensure a Department of State-approved rerouting that satisfies Nebraska’s demands. Unfortunately for the environment, Nebraskans are showing a proclivity to support the Pipeline generally, and only stress the environmental importance of the delicate Ogallala and Sandhills region. TransCanada is set to collaborate with the Nebraska department of environmental quality and the DoS, which will audit its alternate route to ensure it avoids the regions in question, making it only marginally more environmentally sound. However, TransCanada’s President for Energy and Oil Pipelines, Alex Pourbaix, still affirms his belief that the Pipeline would have been equally safe even if the original route were implemented.

Although a new route will protect the most ecologically sensitive locations in Nebraska, there remains the problem that a daughter project already in play, the Keystone 1 Pipeline in the northern Great Plains, has already exceeded its projected spill figures. Despite TransCanada’s prediction that this smaller pipeline would spill around 11 times throughout its lifetime of approximately 50 years, it has already had more than it’s lifetime number of spills within its first year of operation. So while the Sandhills region and Ogallala may be spared from catastrophe the land traversed in the new route will still be subject to as devastating a fate, like the 6 story geyser of diluted bitumen seen in the worst Keystone 1 spill.

Everyone in the way of this pipeline should become aware of the history of ecological damage these types of pipelines have already experienced.  And those of us near the terminous – where heavy crude oil refineries may be gearing up to refine this most polluting of all crudes, spilling more toxins into the air around Houston, Beaumont and Port Arthur, TX or the ports will load large ships with the diluted bitumen and send them out into the Gulf of Mexico – well, we have other pollution worries to consider.

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According to the Lower Colorado River Authority (LCRA), at the end of summer 2011, Texas had suffered the driest 10 months since record keeping began in 1895.  Rivers, like the Brazos, actually dried up.

And if that wasn’t enough, the dry weather came with brutal heat.  So brutal, that seven cities recorded at least 80 days above 100°F (Austin logged 90 days and Wichita Falls had 100 days over 100°F, 12 of which were over 110°F).  This left air conditioners around the state straining to keep up, shattering records for the state’s electricity demand, topping 68,000 megawatts in early August. This combination of dry weather and excessive heat, and high electric demand suddenly made state planners begin to take notice of the water-intensive nature of coal plants.

Most electricity power plants require large amounts of water. Coal-fired plants alone account for 67 percent of freshwater withdrawals by the power sector and for 65 percent of the water completely consumed by it. Newer plants include air-cooling or “dry cooling” technologies, but so many plants rely on water-cooling that they accounted for 41 percent of the withdrawals of freshwater in the United States in 2005, according to the United States Geological Survey.

In Texas this summer, one plant had to curtail nighttime operations because the drought had reduced the amount of water available and that which was available was too hot to bring down the temperature of water discharged from the plant. In East Texas, other plant owners had to bring in water from other rivers so they could continue to operate and meet demand for electricity.

Proposed plants were also facing scrutiny around their water use.  The White Stallion coal plant, near Bay City south of Houston, was opposed by a wide variety of Colorado River water users and the LCRA ended up pulling the proposed plant’s 25,000 acre-feet/year water permit from its agenda indefinitely. Citizens of Sweetwater in west Texas were outraged upon hearing that the city was secretly negotiating sale of water rights for a so-called clean coal project.

If the drought persists into the following year (and the State Climatologist has predicted that it is likely much of the state will still be in severe drought through next August with even worse water shortages), the Electric Reliability Council of Texas (ERCOT – the operators of the electricity grid) has warned that power cuts on the scale of thousands of megawatts are possible.

Texas Water Development Board warns that the state’s water shortage is structural. A structural water shortage is a permanent water shortage that can only be addressed through a structural change such as a reduction in agriculture, population or firm water users (such as traditional power plants) or, increasing water supplies by creating lakes (like we did after the 1950s multi-year drought), setting up desalination plants on the coast or piping water in from another state.  All of these options are dramatic and expensive.

As of this writing, the state needs 18 million acre-feet of water, and it has 17 million acre-feet available to it. By 2060, the state is expected to need 22 million acre-feet but only have 15.3 million acre-feet available to it. Because some dry areas simply can’t have water piped, the total shortfall is projected to be 8.3 million acre-feet. Roughly, Texans will have 2 gallons of water available for every 3 gallons they need.

Adding new coal plants or other intense water use generators to this mix is not part of a sane water policy for a state facing a structural water shortage.  Even ERCOT is taking a closer look at coastal wind generation and solar to provide power during peak energy periods (You know, that time of the day – from 3 to 6 or 7 pm – when the temperatures are the hottest and the air conditioners strain to keep us cool).  This current weather pattern may be the push the state needs to move toward a new energy future for the state.

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