Texas BOMA: Water Conservation
by Robert D. Miller and Gardner Pate

During the 80th Legislative Session, the Texas Legislature considered several legislative measures related to water conservation. Senator Kip Averitt (R-Waco) passed an omnibus water conservation bill. One significant piece of that bill created the Water Conservation Advisory Council.

At Texas BOMA’s January 2008 board meeting, Comer Tuck gave a presentation on water conservation issues facing the state. Mr. Tuck is the Director of the Water Conservation Division at the Texas Water Development Board, and he represents that Board on the Water Conservation Advisory Council. During his presentation, Mr. Tuck explained the new emphasis on water conservation, and what it means for Texas.

The legislature created the Council to work with the TCEQ and the Water Development Board to study water conservation methods and develop a set of “best management practices”. The legislation requires most public water utilities to submit a water conservation plan based on specific targets and goals developed by the utility. However, as explained by Mr. Tuck, these best management practices are currently only voluntary.

The Council is essentially a group of experts on water, who state leaders may use as a resource in the future. Because of the Council’s potential influence, Locke Lord Bissell & Liddell will monitor its deliberation on behalf of Texas BOMA. The Council contains 23 members, who are appointed by the Water Development Board and serve six year terms. By law, there is one member representing each of the following interest groups:
TCEQ
Agriculture
Parks & Wildlife Department
State Soil & Conservation Board
Water Development Board
Regional water planning groups
Federal agencies
Municipalities
Groundwater conservation districts
River authorities
Environmental groups
Irrigation districts
Institutional water users
Professional organizations focused on water conservation
Higher education
Agricultural groups
Refining and chemical manufacturing
Electric generation
Mining and recovery of minerals
Landscape irrigation and horticulture
Water control and improvement districts
Rural water users
Municipal utility districts

Texas BOMA should expect water issues to continue emerging, both on a statewide and local level. We recommend Texas BOMA begin studying the water conservation problem, and potentially work on solutions to it. If Texas BOMA taxes a proactive role in this movement, it may be able to help shape future water policies for the state as well as gain friends who could be helpful in other legislative efforts.