University of Texas School of Law

eCourse

Hot Topics in Water Law: Amenity Ponds, Prior Appropriation, Desired Future Conditions and the Bush Report

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Session 1:  Legal Issues with Permitting Amenity Ponds Amenity ponds are often constructed in new subdivisions for aesthetic, recreational, drainage, and irrigation purposes.  Depending on the location and source of water for the pond, such as state-owned surface water, groundwater, storm water, or reclaimed water, the permitting requirements can vary greatly. Review the various permitting requirements and the legal hurdles associated with these ponds.

Session 2: The Prior Appropriation Doctrine: Still Appropriate for Texas? In TCEQ v. Texas Farm Bureau, the Texas Commission for Environmental Equality (TCEQ) stated it needed the authority to amend the "first in time is first in right" rule, in order to protect public health and welfare. This position garnered numerous support from the amici. Hear experienced practitioners weigh in on the statement, and what it might mean for surface water rights in Texas.

Session 3: Desired Future Conditions: Will Process Changes Increase Accountability? Through SB 660 (2011) and HB 200 (2015), the Legislature imposed new requirements for developing desired future conditions, including a best available science standard, and created an appeal process utilizing the state office of administrative hearings. Explore how these changes may affect groundwater conservation districts and their DFC decisions.

Session 4: Bush School Capstone Report: Reorganizing Groundwater Regulation in Texas Review the regulatory practices of the local groundwater conservation districts, which concludes that Texas has a regulation-induced shortage of groundwater. Learn the four alternative regulatory options—based on four metrics—and find that substantial improvements are possible.

Total Credit Hours:
3.50     Credit Info

TX MCLE credit expires: 10/31/2018

Includes: Audio Paper Slides Slideshow

$155  

Preview Sessions
Credit Hours
1. Legal Issues with Permitting Amenity Ponds

Emily Willms Rogers

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 29 mins
Paper (pdf) 14 pgs
Slides (pdf) 12 pgs

Preview limited to first 5 slides
of 23
SESSION 1 — 29 mins, credit 0.50

Session 1:

Legal Issues with Permitting Amenity Ponds

Amenity ponds are often constructed in new subdivisions for aesthetic, recreational, drainage, and irrigation purposes.  Depending on the location and source of water for the pond, such as state-owned surface water, groundwater, storm water, or reclaimed water, the permitting requirements can vary greatly. Review the various permitting requirements and the legal hurdles associated with these ponds.

Originally presented at: Nov 2016 Texas Water Law Institute

Emily Willms Rogers, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

2. The Prior Appropriation Doctrine: Still Appropriate for Texas?

Doug Caroom, John W. Fainter Jr., R. Glenn Jarvis, Carlos Rubinstein

1.00 0.00 0.00 1.00  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 64 mins
Paper (pdf) 20 pgs

SESSION 2 — 64 mins, credit 1.00

Session 2:

The Prior Appropriation Doctrine: Still Appropriate for Texas?

In TCEQ v. Texas Farm Bureau, the Texas Commission for Environmental Equality (TCEQ) stated it needed the authority to amend the "first in time is first in right" rule, in order to protect public health and welfare. This position garnered numerous support from the amici. Hear experienced practitioners weigh in on the statement, and what it might mean for surface water rights in Texas.

Originally presented at: Nov 2016 Texas Water Law Institute

Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
John W. Fainter Jr., The Association of Electric Companies of Texas, Inc. (AECT) - Austin, TX
R. Glenn Jarvis, Law Offices of Glenn Jarvis - McAllen, TX
Carlos Rubinstein, RSAH2O, LLC and Former Chairman, Texas Water Development Board - Austin, TX

3. Desired Future Conditions: Will Process Changes Increase Accountability?

Jim Mathews, James A. Beach, Marvin W. "Marty" Jones, Robert E. Mace

1.00 0.00 0.00 1.00  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 60 mins
Paper (pdf) 16 pgs
Slides (pdf) 9 pgs
Slides (pdf) 13 pgs
Slides (pdf) 8 pgs

Preview limited to first 5 slides
of 59
SESSION 3 — 60 mins, credit 1.00

Session 3:

Desired Future Conditions: Will Process Changes Increase Accountability?

Through SB 660 (2011) and HB 200 (2015), the Legislature imposed new requirements for developing desired future conditions, including a best available science standard, and created an appeal process utilizing the state office of administrative hearings. Explore how these changes may affect groundwater conservation districts and their DFC decisions.

Originally presented at: Nov 2016 Texas Water Law Institute

Jim Mathews, Mathews & Freeland LLP - Austin, TX
James A. Beach, LBG-Guyton Associates - Austin, TX
Marvin W. "Marty" Jones, Sprouse Shrader Smith PLLC - Amarillo, TX
Robert E. Mace, Ph.D., P.G., Texas Water Development Board - Austin, TX

4. Bush School Capstone Report: Reorganizing Groundwater Regulation in Texas

James M. Griffin

1.00 0.00 0.00 1.00  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 59 mins
Paper (pdf) 51 pgs

SESSION 4 — 59 mins, credit 1.00

Session 4:

Bush School Capstone Report: Reorganizing Groundwater Regulation in Texas

Review the regulatory practices of the local groundwater conservation districts, which concludes that Texas has a regulation-induced shortage of groundwater. Learn the four alternative regulatory options—based on four metrics—and find that substantial improvements are possible.

Originally presented at: Nov 2016 Texas Water Law Institute

James M. Griffin, The Bush School of Government and Public Service, Texas A&M University - College Station, TX