States have long held the exclusive right to allocate their surface and groundwater supplies absent some express federal authority, usually via a contract with a federal agency for stored water in a federally sponsored and funded project. Over time, however, an emphasis on federal involvement has led to scrutiny of projects where there are no federal dollars being expended—only federal permits needed to implement projects by the states. This federal involvement can sometimes have extremely costly impacts to states, effectively creating an invisible dam of laws and regulations under the guise of protecting the environment. This paper will explore a few of those actions that are currently being experienced in the arid southwest where new reservoirs are needed to support a growing population and a thirst for water that cannot be quenched by conservation alone.

Editor’s Note: September 1 of every odd-numbered year is the date that new legislation from the Texas Legislature session that ended the previous spring typically goes into effect. With this in mind, the Texas Water Journal invited 4 organizations that work closely with the Texas Legislature to provide their take on the changes to Texas water policy and law that were made during the 2013 session. The opinions expressed in these summaries are the opinions of the individual organizations and not the opinion of the Texas Water Journal or the Texas Water Resources Institute. Organizations: Texas Water Conservation Association Water Environment Association of Texas Sierra Club, Lone Star Chapter Texas Alliance of Groundwater Districts Citation: Robbins D, Batterton C, Castleberry B, Kramer K, Steinbach SA. 2013. Commentary: 83rd Texas State Legislature: Summaries of Water-related Legislative Action. Texas Water Journal. 4(2):28-46. Available from: https://doi.org/10.21423/twj.v4i2.6999.

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This article discusses how utilities can maintain a diverse water supply. Reasons for diversification are discussed along with diversification options. The article provides an example of planning for future water demands by the Texas Regional Planning process, and discusses collaboration of regional entities. Keys to diversification are summarized, and the article provides historical examples of the need and reasons for diversification.

Interbasin transfers of water have become an increasingly popular water management tool—especially among the western states—to address vulnerability to water shortages in those regions susceptible to widely fluctuating drought conditions and population growth. Such transfers offer a practical resolution to the geographic limitations and disparate distribution of water availability. The regulatory frameworks for interbasin transfers adopted across western states, however, vary rather drastically in balancing the practicality of interbasin transfers with equity to the basin of origin. Like its counterparts, Texas has adopted an interbasin transfer statute—Texas Water Code § 11.085—that includes common elements of interbasin transfer regulations aimed at maintaining this balance, including protecting the basin of origin, requiring a distinct demonstration of purpose and need, maintaining existing water rights, and promoting the public interest. However, in comparison to other western states, Texas has a relatively strict framework for interbasin transfers that does not always facilitate the use of such transfers when it is otherwise pragmatic to do so. Policymakers and stakeholders in Texas should thus consider whether and to what extent the balance struck by interbasin transfer laws of other western states is appropriate for Texas and more conducive to using interbasin transfers as a water management strategy across the state. Citation: Castleberry B, Acevedo A. 2017. Water barons for the water barren? A survey of interbasin water transfer laws in western states. Texas Water Journal. 8(1):29-41. Available from: https://doi.org/10.21423/twj.v8i1.7060.