Quench 2022 - Issue 4

MANAGING THE 2022 DROUGHT TRAINING & TECH CONFERENCE 2022 WRITING BETTER JOB DESCRIPTIONS

Issue 4 2022 www.tr wa.org

TRWA Today Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of 800 nonprofit water supply corporations, water districts, small-town water departments and investor-owned utilities. In addition, more than 200 water industry suppliers participate in TRWA activities as associate members. TRWA members provide water and wastewater service to 3 million customers throughout Texas.

TRWA is dedicated to helping directors, managers, operators and office professionals provide efficient service and clean, safe drinking water to their customers. Through on-site technical assistance, education and information exchange, TRWA helps its members better meet their needs as well as the needs of their customers.

BOARD OF DIRECTORS OFFICERS President Bruce Alexander Medina (District 2) Vice-President Robert Nettles Walker (District 13) Secretary Mark Gardenhire Shackelford (District 1) Treasurer Steve Adams Brown (District 4) Immediate Past President Chris Boyd Denton (District 3)

DISTRICT DIRECTORS Dave McMurry Bastrop (District 5) Brian Macmanus Cameron (District 6) Allen Knight North Collin (District 7) Charles Beseda Hill (District 8) Pat Allen Guadalupe (District 9) Kent Watson Brazos (District 10) Rachel Webb South Rains (District 11) Paula Weber Kaufman (District 12) Matthew Barrett Swift (District 14)

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Main Office Line

TRWA STAFF

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LEADERSHIP TEAM Lara Zent Larry Bell Nichol Everingham Alex Gamez Jason Knobloch Tom Shephard, CPA Eric Betts

Executive Director & General Counsel Technical Assistance Director Professional Development & Training Director Director of Policy & legislative Affairs Environmental Services Director Finance Director Communications Director

Eli Aguirre Melody Bennett Pam Cantrell Haley Dixon Chelsea Gomez Miles Hartman Deborah McMullan Sonya Stocklin Ariane Walker Emily Young

Meeting and Event Planner Project Support Specialist Accounting Support Specialist Apprenticeship Program Manager Training Development Specialist Course Development Specialist Membership and Outreach Manager Office Manager Training Manager Assistant Environmental Services Director

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FIELD STAFF Robert Archer Nathan Cantrell Alex Eaves Roel Gonzalez Justin Guerra Paul King

Instructor Wastewater Technician Wastewater Technician FMT Specialist Member Services Specialist Circuit Rider

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Tony Moreno Charles Perkins Bruce Pearson James Smith Donnie Stanton Quentin Turner Jewel Uzquiano William White Scott Willeford James Wallingsford Gilbert Ybarbo

Circuit Rider Circuit Rider Instructor Circuit Rider FMT Specialist FMT Specialist Source Water Protection Specialist Assistant Technical Assistance Director FMT Specialist FMT Specialist FMT Specialist

cell: (512) 924-4552 cell: (512) 964-2108 cell: (512) 922-4942 cell: (512) 964-9234 cell: (512) 774-9455 cell: (512) 517-9889 cell: (512) 354-0506 cell: (512) 924-4233 cell: (512) 657-8813 cell: (512) 865-8809 cell: (512) 317-2003

In Every Issue

From the Field

Letter from the President .........4

The Big Empty............16

Letter from the Executive Director ........5 Keep it Legal .........6

Answers to your legal questions

Ask Larry .........8

How your utility can boost resilience in the face of this summer's drought, and the ones to come

Apprenticeship Orientation........30

TRWA welcomed its first cohort of water and wastewater apprentices in July

Answers to your technical questions

TRWA Briefs .........28

Small pieces of association news

The Months Ahead .........31

TRWA’s Calendar of Events

Features

TRWA News

NRWA's PFAS Action...20

Training & Technical Photos....12

Hire Order...22

TRWA Scholarships & Awards....14

Learn how your system can participate in NRWA's PFAS cost recovery action

A collection of pictures from the 2022 Training & Technical Conference

Writing precise, detailed job descriptions can help your utility avoid problems down the line

Meet the 12 students who received TRWA scholarships for the next school year

The Lease You Can Do...26

New Staff.....25

On leasing as an underutilized financial solution for utilities

Meet the latest additions to the TRWA team

on the cover:

This Study Butte WSC water tower stands tall in the desert near Terlingua. photo by Michael Beadnell

CONTACT THE EDITOR

Editorial and advertising inquiries may be sent to Eric Betts in the Communications Department at editor@trwa.org.

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President's Message Hello Texas Rural Water!

As the hot, dry summer continues across Texas, many of us are faced with a dwindling water supply.

Systems have had to increase enforcement activities against some customers for excessive water use, ones that may not have had enforcement actions taken against them before. Many high-water users are quick to point out that as along as they pay the price it shouldn’t matter how much water they use. While the increased revenue is often welcomed during times of high usage, the flip side of this is a more rapid decline in the future availability of water, not just for them but for everyone else that relies on that source for their drinking water. This is the bargain we have to strike this time of year: higher revenues versus enforcement of conservation measures to protect supply for future sales.

We should all have a drought contingency plan that describes actions to be taken by the water system to ensure a continued source of water during various degrees of a water shortage caused by a prolonged drought. (See Gilbert Ybarbo's article on page 16 for more.)

To give a specific example, my water system is a groundwater system in the Edwards Aquifer managed by the Edwards Aquifer Authority. Each year municipal, industrial and irrigation permits are issued for withdraw from the aquifer based on the ownership of the water rights. The maximum amount of water that can be withdrawn is fixed by rule and is subject to pumping restrictions based on the level of the aquifer.

As of the writing of this, we are in Stage 3 of Critical Period Reductions, which means a 35% reduction in the amount of water that each water system can

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withdraw to meet the demands of their system. As high demands continue without measurable rainfall in the recharge zones, the aquifer level will continue to drop and pumping reductions could be reduced by as much as 44%. While many systems that rely on the Edwards Aquifer have secured additional water rights to meet short-term critical period reductions, unused water rights will become more difficult to find as the drought continues without the implementation and enforcement of water use restrictions on our customers.

The reduced availability of safe water supplies to support public water systems is a growing problem across Texas. Many systems are reaching out with pipelines and various projects through large investments to make sure they have a source of water to meet their future needs. The Texas Water Development Board, TRWA and other water agencies are a source to help you plan for those future needs.

As water operators and water system managers, we all have a role to play in balancing the increased revenues that high water use brings with the stewardship of a water supply that will allow us to meet those demands now and in the future. We all need to do our part to be able to meet the needs of our growing communities.

Be safe, Bruce Alexander President TRWA

Letter from the TRWA Executive Director Dear TRWA Members, Earlier this month, a couple of TRWA staff members and I attended the West Texas Legislative Summit. This is a yearly event held at San Angelo State University and is well attended. There, legislators and other panelists discuss policy issues affecting not just west Texas, but also rural Texas generally, topics such as health care, public schools, infrastructure, broadband, economic development and, of course, water. I was honored to be asked to speak on the water panel, which was moderated by Senator Charles Perry, the Chair of Texas’ Senate Water, Agriculture and Rural Affairs Committee.

During this legislative interim, Senator Perry has been promoting the idea that the Texas Legislature needs to help fund rural water systems to replace aging water lines. He is concerned that water lines that are past their useful life are more likely to leak and are less resilient in extreme weather conditions.

We’re hoping that Senator Perry’s interest on this issue will lead to the Legislature appropriating funds to the Rural Water Assistance Fund with grant money available to assist rural utilities to replace aging infrastructure. We have also been working with the Texas Water Development Board on their Legislative

Appropriation Requests that will include hands-on assistance to small systems to obtain funding. Our TRWA legislative team will be advocating strongly on these issues.

In order to have success at the Legislature, it’s important for TRWA to be engaged during the legislative interim when a lot of the work is done, and ideas come together for the next legislative session.

Both the Texas Senate and House Committees that move forward water-related legislation held hearings this summer on their priority issues. They invite experts to their hearings to educate them on these issues. TRWA was invited to give testimony at these hearings to provide the rural water system perspective.

It is also important to have and maintain relationships with our Texas legislators, so that they seek out our opinion on water policy issues. We work to cultivate those relationships in Austin, but more importantly, we rely on the relationships that you, our members, have with these leaders, who vote on what is important to their constituents.

Thank you for keeping the water flowing to your communities during this challenging summer! I look forward to seeing you soon!

My best,

Lara Zent Executive Director & General Counsel TRWA

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Keep It Legal Answers to Members’ Questions by TRWA Contract Attorney Kristen Fancher

Q:

Can water utilities request a conveyance of groundwater rights as part of a service request?

A: Yes. Groundwater in Texas is owned as a real property right that is separate from other minerals (e.g., oil and gas), and can be severed from the surface estate. As long as the groundwater rights have not already been conveyed to someone else, the utility can certainly request that the groundwater rights be voluntarily conveyed to the utility.

This has been an effective strategy in water supply planning for some TRWA members, and we recommend that your utility consider this as an option for those areas of the state where groundwater is available as a water supply. For example, including a term in a Non-Standard Service Contract is recommended because most non-standard service developments include large tracts of land that will never need some or all of the groundwater rights associated with that tract. Conveying the groundwater rights to the utility in this case ensures that the utility contributes to the acreage needed for groundwater conservation district permitting and development of a water well field in the future. Even if your utility does not currently need the groundwater rights or uses only surface water at this time, it is recommended that you consider obtaining these rights as a possible water supply option for the future. The projected population growth and water demands that our state will experience over the next 50 years will require this type of strategic water supply planning.

We are currently working on updating the TRWA model Tariff and model Districts Service Policy to 6 Quench — 2022 — Issue 4

include language related to acquiring groundwater rights voluntarily from landowners. We will send an update to members once these documents are available in the near future.

Q:

Are WSCs required to follow the competitive bidding laws?

A: No. WSCs are not required by law to adhere to the notice and bidding requirements that districts must follow unless the WSC’s bylaws, policies or loan covenants require that a bidding process be used for purchasing and for construction projects.

However, TRWA advises its WSC members to voluntarily adopt a procurement policy to guide the WSC on when it should solicit bids for purchases and for contract work. Districts are required under Section 49.273 of the Texas Water Code to advertise for bids for all purchases and contract work above $75,000 and to solicit written competitive bids from at least three bidders for purchases and contract work between $25,000 and $75,000.

It is recommended that WSC boards establish procurement procedures that are the same or similar to those required of districts under Chapter 49 of the Texas Water Code.

Q:

Does a water utility have to create information in response to a request for records under the Public Information Act?

A: No. Both districts and most WSCs are subject to the Public Information Act (Act) under Section 552.003 of the Texas Government Code. Section 552.003 states that “the governing body of a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code” is subject to the Act, which implicates most WSCs. Every record created in the transaction of official business of the entity, including emails and text messages, regardless of whether stored on a personal or work device or location, is subject to public disclosure. These records must be provided to the public upon written request, unless the records fall into one of the narrow exceptions to the Act that would allow the record to be withheld upon permission from the Texas Attorney General’s office.

The 2022 Public Information Act Handbook prepared by the Texas Attorney General’s office states that:

The Act is triggered when a person submits a written request to a governmental body. The request must ask for records or information already in existence. The Act does not require a governmental body to create new information, to do legal research, or to answer questions.

Districts and WSCs are often asked questions and it is a good idea to be responsive to customers. However, it is important to keep this information in mind so that you are not spending significant staff time creating new documents in response to requests for information made under the Act. Kristen Fancher has extensive experience in representing clients on water and other legal matters across the state of Texas.

TRWA Members can email legal@trwa.org for their legal inquiries or search the archive at https://www.trwa.org/page/KILHome.

Financing Solutions for Rural Water Systems In partnership with TRWA, CoBank can offer members specially negotiated terms.

Visit www.trwa.org/cobank or contact John DeLuca at 303-694-5958

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2/12/21 7:04 AM

Ask Larry

A Q&A column with TRWA Technical Assistance Director Larry Bell

Q:

With regards to the new Lead and Copper Rule revisions, are we required to find out the material not just from the meter to the home but also inside the home? How do we make a plan to get that changed if there's an issue?

A: : The new Lead and Copper Rule revisions require every system to do a Lead Service Line Inventory of each customer meter service location.

This inventory is to document the type(s) of water service lines from the water main up to the meter, and from the meter to where the customer’s yard line enters their house.

This rule does not require the system to inventory the type(s) of pipes used inside the house.

Our suggestion is that when a meter is being replaced due to damage, malfunction or the meter being stopped up, or during a system-wide meter change-out program, that the system take that opportunity to do these service line inventories. The LCRR revisions require that systems' service line inventories must be completed by October 2024.

Once the Lead Service Line Inventory is completed, the system will have to develop a plan to replace any lead service line and work with the homeowners to replace any lead yard line. If the homeowners refuse to replace their yard lines, the system will have to list that connection location as non-compliant or unknown.

Q:

A company wants to put in a subdivision of 150 - 175 and has asked for the cost/ability for us to supply water to it. As an alternative, they want to know if they can start their own system to supply water if our cost is prohibitive to them. Can they do that within our CCN?

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A: The developer cannot provide retail water service within your CCN without working out an agreement with your water system to do so. Only the Public Water System (PWS) which has been issued the CCN for that service area can provide retail water service to any applicants within that CCN. That being said, the developer has the option to petition to the Public Utility Commission of Texas (PUCT) to decertify their property from your CCN, which they are likely to do if the price to obtain your system’s water service far exceeds what it would cost them to put in their own water utility.

Therefore, TRWA has been advising our member systems to begin to think a bit differently about developer service requests. They should consider changing opening statements like “you need to pay 100% of all the costs up-front” to “how can we work with you” or “we want to provide water/wastewater service to your development, so let’s figure out how we can provide the service you are requesting in a way that works for you.” New developments are an opportunity to grow your utility infrastructure and expand your customer base.

Systems should not put all system improvement costs onto the developer but only assess or assign the appropriate costs necessary to supply that developer’s needs. Reasonable off-site costs could be additional well capacity, booster pump capacity, storage tank capacity, treatment capacity and distribution line upgrades to supply the level and manner of service being requested by the developer.

You should not require the developer to pay for other system improvements that have been needed because of previous system growth but have been put off for one reason or another. Another point to be made is that if

the system has been charging and collecting some type of upfront contribution fee (Equity Buy-In, Impact, Aid to Construction, Line Improvement, etc.), then those funds should be used to offset some of the costs for service line upgrades outside the subdivision. The developer would still be responsible to pay for all water mains within the development of the subdivision.

It’s important to sit down with the developer to discuss all options and negotiate how to work together to provide service to their new subdivision. Some systems have worked with developers to create a Municipal Utility District (MUD) within the CCN of the existing water system to fund the infrastructure, with the understanding that once the debt is paid off the system reverts to the original water system to own and maintain. The MUD could also contract with the existing system do the billing and maintenance for this subdivision until the debt is paid off.

Other rural water systems have negotiated agreements whereby the developer decertifies their property and sets up their own retail water system with the stipulation that they purchase water wholesale from the original utility to serve the development. That’s another way to continue the system’s revenue stream without being the retail provider and to avoid a fight at the PUCT. The bottom line is that population growth is happening across the state and it’s a way for rural systems to grow and become more sustainable. Each system needs to think of developments not as a curse but an opportunity to expand their customer base while maintaining service stability to their current customers. Partnering with developer expansions has the potential to reduce the overall costs to both the system and to the developers.

Q:

What is the responsibility of a system when restoring service to inactive water account locations?

Are we allowed to charge service or impact fees for restoring service to a dormant meter?

A: The PUCT’s regulations are clear with regard to how quickly a utility is expected to restore service to a dormant meter in their rule, 31 Texas Administrative Code Section 24.161(a)(3): Except for good cause, at a location where service has previously been provided the utility must reconnect service within one working day after the applicant has submitted a completed application for service and met any other requirements in the utility’s approved tariff.

A system should follow their tariff or district service policy regarding the service charge to reconnect a dormant meter; however, in our experience with PUCT, their staff has been clear that they do not support "double-dipping," or charging an upfront capacity fee for a location where service previously existed.

Whether or not an up-front capacity fee, such as an equity buy-in fee, was charged or not, the system’s existing capacity was assigned by the board/management when service was established to the original applicant.

Therefore, no future applicant/landowner should be required to pay any new upfront capacity fee.

If the system followed their approved and written procedures when the meter was originally installed, then the system assumed the responsibility to “maintain that capacity” needed to provide continuous service to that location.

This would include making any system upgrades or improvements necessary to maintain the minimum TCEQ capacity requirements for each connection at the point of delivery.

Larry Bell is TRWA's Technical Assistance Director, with more than 30 years experience at the association.

If you have a Technical Question, please email larry.bell@trwa.org or search the archive at https://trwa.org/qualityontap/ Quench — 2022 —Issue 4 9

Climb higher in your career with training from TRWA • Live Classes throughout Texas • Virtual Classes led by our Instructors • Self-Paced Online Classes that work for your schedule

Visit trwa.org/training or call 512-428-5754

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FULL SERVICE LEAK DETECTION I GIS MAPPING I DRINKING WATER REGULATORY SUPPORT

Water is a Precious Resource.

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Pro-Active Leak Detection Preventive Maintenance Programs System-Wide Water Accountability Assessments GIS Mapping and Asset Management Services Drinking Water Regulatory Support

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901 Mopac Expressway South, Suite 300 Austin, TX 78746 512-263-7043 (Office) 512-751-5325 (Mobile) sgodfrey@samco-leakservice.com www.samco-leakservice.com Quench — 2022 —Issue 4 11

2022 Training & Technical Conference In Photos

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Ultimate Meter Challenge presented by Zenner USA

The finalists of the Zenner Ultimate Meter Challenge competed Wednesday night at the Family Fun Fish Fry to name the Texas winner, with Ables Springs SUD's Khouthavy Sphabmysay (pictured top left and bottom left) taking the title.

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TRWA News

Apply for a TRWF Student Scholarship!

The application window for the 2023-2024 Texas Rural Water Foundation (TRWF) Student Scholarships opens September 6, 2022.

Every year, high school seniors, college students and graduate students across the state submit applications for one of our TRWF scholarships, which are intended to recognize and assist qualified individuals in their pursuit of higher education in a field that supports rural Texas.

This Student Scholarship Program is designed to help offset the cost of tuition, fees, books and/or room and board by awarding funds directly to the student upon proof of enrollment. The number of annual scholarships and the amount awarded is based upon the number of qualified applicants and the amount of funds available.

In the 2022-2023 award year, twelve scholarships were awarded in varying amounts, from $1,000 to $3,000, totaling $19,000.

Each year, the Dwayne Jekel Scholarship is awarded to the highest scoring applicant. Thanks to an endowment set up by the Jekel family, the Dwayne Jekel Scholarship continues to benefit students who are interested in the water and wastewater industry. In the 2022-2023 award year, this recipient was awarded $3,000.

Mr. Frank Dwayne Jekel served on TRWA’s Board of Directors for 30 years from 1982–2012. He was a water industry leader who owned and operated D&L Service Company in Cameron, Texas. He earned his bachelor’s degree and Master of Education Degree in Agricultural Education from Texas A&M University.

Mr. Jekel’s dedication to water and his community will never be forgotten. His legacy and mission will continue thanks to the generosity of his family.

In its inaugural year, the TRWF Legacy Scholarship was awarded to two applicants, who each received $2,500 for the 2022-2023 school year. This scholarship is funded by past/current board members of the Texas Rural Water Association: Kent Watson, Leahmon Bryant, Chris Boyd, Charles Beseda and Allen Knight.

This scholarship will be awarded to students who exhibit exceptional leadership skills and potential. Applicants wishing to be considered for this scholarship need to

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meet additional criteria and complete an additional writing prompt focusing on leadership or volunteerism.

Who Should Apply The TRWF Scholarship Committee is particularly interested in supporting students who seek a career relating to the water and/or wastewater industry or a career that will support rural Texas. They also encourage applications from veterans seeking higher education in an area that will benefit rural Texas. Former student scholarship recipients are invited to apply for a continued scholarship; to be eligible to reapply, the applicant must provide transcripts to demonstrate that they are in good academic standing.

All recipients of student scholarships are required to provide proof of full-time enrollment each semester for which the scholarship is awarded at an accredited institution of higher learning. Payment will be dispersed directly to the student upon proof of enrollment.

Scholarships are dispersed in two installments over the course of the school year (Fall 2023 and Spring 2024).

How to Apply The application and full eligibility requirements can be found on our online application platform. Starting on September 6, you can access this platform by visiting our website. If you or someone you know is interested in applying, please direct them to www.trwa.org/ StudentScholarships All applications must be submitted in full by 5 p.m. on February 6, 2023. Email foundation@trwa.org with any questions.

Please share this opportunity with your peers and community members who may benefit from one of these scholarships!

TRWA News

Nominate your system or colleagues for our TRWA Awards of Excellence!

Individual Awards Our individual awards were created to recognize the shining stars of our member utilities, honoring their spirit and commitment in support of their system and the larger community. Individual awards are given in the following categories: The Excellence in System Management award recognizes any manager of a member utility who exemplifies exceptional leadership and oversight skills. Eligible nominees include general managers, superintendents, assistant general managers, system managers, etc. We want to hear about what makes these leaders stand out!

The Excellence in Administration award is meant for office personnel whose dedication keep their utility’s office administration running smoothly on a day-to-day basis. Nominees for this award may include office managers, administrative assistants, bookkeepers, accounting clerks, customer service representatives, secretaries, receptionists, etc.

Take this opportunity to appreciate the unsung heroes of your utility's office.

The Excellence in Operations award is designed to recognize any personnel who are instrumental in the technical operations of your utility. Nominees may include any operator, instrument or maintenance technician, field manager, plant manager, utility service worker, etc. whose expertise and hard work are an invaluable asset to your system.

Don’t miss your chance to recognize an employee or coworker for working tirelessly to help your system excel.

System Awards We also give out two system-wide awards each year. The Small System Excellence award honors a deserving system serving 1,500 or fewer connections, and the Large System Excellence award recognizes a system serving more than 1,500 connections.

Your nomination for either award is an opportunity to showcase whatever it is that sets your system apart and share your accomplishments with your industry peers who can learn from your successful ideas. Are you employing innovative technologies or processes? Did you do something special to engage with your community? Did you make significant efforts to improve your system?

Did you successfully launch a grassroots campaign or rural water political action activity? Tell us about it!

How do I apply?

Get started on your nomination now and submit it online at trwa.org/awards for individual awards and trwa.org/systemawards for system awards. While anyone can nominate an individual or a system, please remember eligibility is limited to TRWA members and their employees. Former award winners are not eligible. All entries must be submitted or postmarked

by January 30, 2023 to be considered.

All award winners will be honored during the Awards Ceremony at RuralWaterCon in March and will be featured in the spring issue of this magazine. Individual winners will each receive a $500 prize and a commemorative plaque. The system-wide winners will each receive a $1,000 prize and commemorative plaque. If you have any questions about the awards process, or if you are interested in sponsoring an award, please contact membership@trwa.org.

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From the Field

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From the Field

As in 2011, Texas has faced another exceptional drought this summer. How can systems prepare themselves, and their customers, for these challenging times?

T

he brutal summer is straining utilities across the state.

Surface reservoirs and underground water sources haven’t been replenished in months due to sparse rain. The drought may not have reached the levels of 2011, when nearly 88% of the state was under the U.S. Drought Monitor's most severe "exceptional drought" condition, but that's little comfort to systems already feeling the strains on their supply. Without the relief of substantial precipitation, many systems are at risk of running out of water.

reserves is to alter the demand for water. Most systems in droughtstricken areas should have already implemented a Stage 1 or 2 trigger on their drought contingency plan.

A few are already much further along in their ladder of restrictions, hitting Stage 5 or 6, with no relief in sight.

It's our job to be good stewards of the resources under our care, and in times like these that means working with our communities to conserve where possible. Here are some tips to help your system and its customers with water conservation and drought contingency planning.

There’s nothing a PWS can do to break the drought, and while many Drought Awareness with systems that are able are working Customers to secure contingency supplies that might be needed, the quickest and Whatever stage you are in, be sure surest way to avoid draining our to provide public awareness and

information to your customers. Your clients need to know not just what stage you are in and the requirements and restrictions on their usage that come with it, but they should also be made aware of the stages that are to come should the drought conditions persist. Show them the mountain you’re about to climb together, and how any initial steps taken are potentially just that: initial steps.

By laying out clearly where you might be going, you help make customers aware of the urgency of the situation much earlier. The alternative is blindsiding them each time the measures get more restrictive, which can lead to frustration and resentment that can make policies harder to implement. Customers need to buy in to the process of Continued on next page

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From the Field water conservation in order to do their part helping the community to stretch its water sources and reduce its water waste.

are learning something from them.

Most everyone knows to save water by turning off the faucet while they brush their teeth or not to do outdoor watering during the middle of By laying out the additional steps to the day, and while those steps remain come, you also can incentivize cus- important, you don’t want people to tomers to alter their behavior even tune out the lesson, thinking they further. If enough people cut back already know every possible way to on their usage early enough, you may save water. Go further afield. One be able to prevent or delay having to example to use is with public and prigo to additional stages. vate swimming pools. If pool filters

around for our children and generations to come.

The best way to create this awareness is to be transparent with your customers at every stage of the process. Provide weekly updates, through electronic or other effective means. Let them know how your sources are being affected by the drought. Share facts and tips about water waste and how to prevent it. Make them understand that if the rates of decline continue at wells and sources without relief from rain, then the system could be forced to issue boil water notices or, worse, allocated water rationing.

We have also seen examples of water rates being adjusted during drought stages to promote conservation by increasing costs over average gallon usage across the board and/or discounting customers that stay below a set number of gallons. In drastic times of water source insecurity, all methods of conservation should be considered.

You can drive the message home by visiting community gatherings to share the message. Ask to speak at schools, Rotary and Lions club meetings, VFWs and American Legions and more. The message is harder to ignore if they’re hearing you say it directly. By providing them with information on your specific system and instructions for how they can help, you can turn them into advocates for you, spreading your message even further.

Some systems will offer rebates for replacing specific water-hogging features, such as toilets and showerheads, with newer, low-flow devices.

Others offer a rebate for replacing traditional landscaping with xeriscaping.

What You Can Do as a Leader in Your Water System and Community

get plugged, they can waste water, energy and money. Replacing a sand or DE filter with a high-efficiency cartridge system can reduce water consumption by thousands of gallons per year.

There are other programs utilities can implement to prevent wasteful One way to help these messages habits. Let your customers know stick is to ensure that customers that we want to have plenty of water 18 Quench — 2022 — Issue 4

Offer Conservation Rebates

Your first responsibility is to make sure your drought contingency plan is current and up to date. TCEQ requires that retail public water utilities with more than 3,300 connections submit their plans to the agency every five years, or within 90 days after alterations are made.

Those with fewer connections are required to have them and make them available for inspection, but are not required to submit. Whichever category you fall under, make sure this plan is current and matches your current needs and potential drought scenarios.

Note that plans must include evidence of coordination with the appropriate regional water planning groups (RWPG) in order to ensure consistency with the approved regional water plans. Examples include a copy of a cover letter indicating that the plan was provided to the RWPG, or a statement in the plan that a copy of the plan was submitted to the RWPG. In addition, retail water suppliers are required to notify the Texas Commission on Environmental Quality within five business days after implementing any mandatory provisions of their drought contingency plan. To do that, use an online form located here: www.tceq.texas. gov/drinkingwater/homeland_security/security_pws. For questions about this form, contact the TCEQ

From the Field Drought Program at 512-239-4600. • Days and times of distribution Working hand-in-hand with the • Amount to be given each household DCP is your emergency response • Required customer proof plan. Severe droughts cut away at • Nighttime security the margins for emergencies, so you have to ensure you can respond If you have any questions or conquickly and efficiently when some- cerns on how to complete or update thing goes wrong. Make sure you your Drought Contingency Plan, have phone numbers and contact contact TRWA at (512) 472-8591 information for your city and county or complete the assistance form at emergency response team, county https://www.trwa.org/page/FMT officials, the Texas Department of to request help. Questions regarding Emergency Management, and some the content of this article can be dicertified water haulers for drinking rected to Gilbert Ybarbo at Gilbert. water should a catastrophic event Ybarbo@trwa.org. occur.

Prior to an emergency you will need to preplan how you will distribute the water from haulers. This should include: • Location for distribution

Gilbert Ybarbo is an FMT Specialist with the Texas Rural Water Association.

Quench — 2022 —Issue 4 19

Features

Learn more about NRWA's PFAS action

If your system is a TRWA member, then it has likely received a letter recently about NRWA's PFAS Cost Recovery Program. TRWA would like you to know about this opportunity in case it makes sense for your system.

the National Rural Water Association Board of Directors voted to engage the Napoli Shkolnik law firm to file a cost recovery action that would allow all utilities to register and recover any current and projected future expenses for testing, treatment and remediation due to PFAS contamination PFAS, or per- and polyfluoroalkyl substances, are man-made upon any potential settlement or judgement in your favor. chemicals used in a variety of industrial and consumer processes, including stain-resistant materials, firefighting foams For clarification, this is not a class action lawsuit as there and many others. PFAS break down incredibly slowly in the are multiple classes of plaintiffs, thus they are combined environment, so much so that they are known as "forever into what is called multidistrict litigation. The three points chemicals," and when ingested can remain in the body for stressed to utilities are: extended periods of time. What's more, laboratory tests indicate these chemicals can have harmful effects. In June 1. The action is cost recovery, not punitive. of 2022 the EPA issued health advisories for four specific PFAS chemicals and lowered their safe thresholds in drink- 2. The litigation is filed against the global manufacturers of ing water. This is an issue that is likely to be on the radars the compounds and does not impact local companies who of water and wastewater utilities throughout the nation for may have used them. some time.

3. There is zero upfront cost to register the utility onto the In 2016, after a health advisory was issued by U.S. EPA, cost rolls, however, a system must be registered prior to any 20 Quench — 2022 — Issue 2

settlement or judgement being reached in order to benefit.

While there is no timeframe as to when a settlement may be finalized, those settlement talks are underway. The recently announced revised health advisory from EPA will further place pressure on a potential settlement being reached.

There is no threshold or cost to register onto the cost recovery rolls, so we encourage all systems to consider registering to protect their system and ratepayers from a potential increased financial burden.

Systems may register regardless of testing or detection status.

Features Time is of the essence; health advisory levels have recently been lowered, and it is likely that a system with any level of detection will soon be out of compliance with the federal standard. Finally, EPA is planning to designate PFOS and PFOA as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). All these factors raise the potential for a large financial impact if these forever compounds are detected at your utility.

A system with any level of PFAS detection is likely to be out of compliance with new federal standards

Registering onto the cost recovery rolls is like an insurance policy without a premium and, if asked by your customers, a strong positive message that the system has undertaken action to lessen any financial burden resulting from PFAS contamination.

If this is something your system is interested in taking part in, you to may take the first step and register your utility at www.napolilaw.com/nrwapfas. If you have questions about how the lawsuit may impact your specific utility, then TRWA encourages you to consult your system's attorney.

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Quench — 2022 —Issue 2 21

Features

Hire Order

The first step of the hir ing process can be easy to overlook, but crafting a precise job description can protect your organization down the road.

By Ann Price

kinds of evidence are relevant to this determination?

Before you can know who to hire, you have to figure out exactly what it is they're going to be doing. Wellwritten job descriptions help employers comply with their legal obligations and, if their compliance is challenged, defend against disability discrimination and failure to accommodate claims.

Most Texas employers are covered by either the federal Americans with Disabilities Act (ADA) or the Texas Commission on Human Rights Act (TCHRA) or both. These laws prohibit discrimination against a “qualified individual with a disability” and require employers to make reasonable accommodations for known disabilities.

The ADA makes clear that the employer’s judgment as to what functions of a job are essential will be given consideration. Further, the law specifically states that written job descriptions prepared before advertising or interviewing applicants for the job will be considered evidence of the essential functions of the job. Job descriptions are not conclusive, however. The Equal Employment Opportunity Commission (EEOC) lists additional factors to be considered and types of evidence as follows:

"

To develop job descriptions, employers must ensure they have a current understanding of exactly what tasks employees are performing.

•Whether the reason the position exists is to perform the function; •The number of other employees available to perform the function;

To be a qualified individual with •The degree of expertise or skill a disability, the individual must required to perform the function; be able to perform, with or without reasonable accommodation, •The amount of time spent on the essential functions of the job the job performing the function; the individual holds or desires.

This means that not all job duties • Th e c o n s e q u e n c e s o f are essential; some are marginal n o t re q u i r i n g t h e e m p l o y functions. In other words, an indiee to per form the function; vidual’s inability to perform a marginal function does not disqualify the individual for employment. Ultimately, in a •The terms of a collective bargaining agreement; and/or lawsuit for disability discrimination or failure to accommodate, the jury will decide based on the evidence in- •The actual work experience of past and current emtroduced at trial which job functions are essential. What ployees in the job.

"

22 Quench — 2022 — Issue 4

Features

In addition, employers should consider the environmental conditions (exposure to heat, cold, noise, etc.) and physical demands of a job (bending, lifting, sitting, standing, driving, etc.).

To develop job descriptions, employers must ensure they have a current understanding of exactly what tasks employees are performing, how much time is spent on the tasks, the frequency with which the tasks are performed, and how the tasks are performed. Often this data is For example, the ability to drive is an essential job duty gathered by interviewing employees and observing for a delivery driver position because making deliveries their activities. with a motor vehicle is the reason the position exists. If there are few employees, it may be necessary that each In addition, employers should determine the knowledge, employee be able to perform a variety of functions education, credentials, experience, skills and abilities whereas in larger organizations it may be possible for needed to accomplish the job tasks. Gathering and employees to specialize. analyzing this data will help employers identify which job functions are essential. Job descriptions should also Sometimes employees are hired for their high level of include a statement that duties, responsibilities and skill or expertise and in such cases the performance of activities may change or new ones may be assigned at that specialized task would be an essential function. any time with or without notice. Once job descriptions There may be situations where a particular job duty is are finalized, employers should develop a process or rarely performed, but if the employee cannot perform schedule for updating them. the duty, the consequences are severe. For instance, a firefighter may seldom need to carry an adult from a In recent years, courts have addressed the issue of burning building but failing to require firefighters to be whether regular and predictable attendance can be an Continued on next page able to do so would be unacceptable.

Quench — 2022 —Issue 4 23

Features essential function. The 5th Circuit, which has jurisdiction over Texas, ruled that an employee who was unable to work in the office full-time and wanted to work from home was not qualified for her job and therefore not entitled to reasonable accommodation. In this case, evidence showed that the employee’s job—a litigation attorney—was interactive and team-oriented, factors that make it more likely that in-office attendance is essential to a job. Other factors included the difficulty of remote supervision and the need for access to items or information located at the workplace. Essential to the court’s ruling was the fact that the employer had a policy of requiring on-site attendance by other employees in the same job.

While the case described above involved an employee’s request to work from home, another issue that arises frequently is whether time off work, such as an unpaid leave of absence, is a reasonable accommodation or renders the individual unqualified for the job. Factors to be considered include the nature of the job, whether the time off needed is a defined period or indefinite, if definite, the amount of time away from work required, the severity of consequences to the employer’s operations resulting from the employee’s absence, and the attendance requirements applied to others in the job.

Employers should list regular and predictable attendance as an essential function on job descriptions if they believe that to be the case for the jobs in question.

Doing so will, along with the other types of evidence discussed above, help the employer defend itself if accused of disability discrimination or failure to accommodate

24 Quench — 2022 — Issue 1 4

employees’ absences. Of course, employers must ensure that employees who are eligible for leave under the Family and Medical Leave Act (FMLA) are given their full entitlement to leave and reinstatement under that law.

Along with developing and regularly updating job descriptions, employers should seek advice from an attorney familiar with the ADA, TCHRA and FMLA for advice when their obligations under these laws are unclear.

Ann Price is a partner in Boulette Golden & Marin, L.L.P. For more than 30 years she has helped employers navigate the complex web of laws governing the employment relationship.

Ann is board certified in Labor & Employment Law by the Texas Board of Legal Specialization and has been repeatedly recognized as a Texas Super Lawyer® in labor and employment law (Thomson Reuters) and as one of the Best Lawyers in America® for Employment Law – Management.

TRWA News

Help TRWA welcome the newest members of our team The Texas Rural Water Association has memorandum, pubbolstered its team by adding a pair of lic correspondence, experienced hands to our office staff. briefing reports and arranged interagency Joining TRWA in June as our new meetings. He coorDirector of Policy and Legislative dinated agency reAffairs is Alex Gamez (bottom left sponses to legislaphoto). A South Texas native, Alex tive and constituent comes to the association after spend- inquiries, including ing several years working in the Texas the review and edHouse of Representatives. There Alex iting of legislative served as the legislative director for correspondence.

Chairman Todd Hunter, former policy analyst in Chairman Rafael Anchia’s Alex has knowledge office and former legislative aide for on widely ranging Chairwoman Senfronia Thompson. legislative subject matters including Senate and House During his time at the Capitol, Alex rules, policy, and procedure. He is a developed strong credentials as a native Spanish speaker and is fluent dedicated and successful Texas State in the language. Alex received a BA staffer. He served as a liaison and point in Political Science from Texas State of contact with constituents, interest University. groups, state agencies, legislators, legislative staff, directors and governmen- In addition to Alex, TRWA added Eli tal consultants, provided policy recom- Aguirre (top right photo) as our new mendations, managed key legislation Meetings and Events Planner in August. and became an expert in the intricacies Eli was born and raised in the Texas of the legislative process. Alex drafted Hill Country in Center Point, Texas. He talking points, press releases, internal attended Texas State University and is currently going back to school to earn a degree from the University of Arizona.

Chapter, and has received that organization's Rising Star award, Unsung Hero Award, Outstanding Community Outreach chair and more.

In his spare time, Eli enjoys cooking, writing, volunteering, traveling, and anything outdoors. He is also a avid Chicago Cubs fan. As a volunteer leader he works with various organizations including the American Red Cross, Respite Care of San Antonio, Catholic Missions, University of Texas at San Antonio, St.Phillips University, Texas State University and Pi Kappa Phi.

Eli has been in the tourism and hospitality industry for more than 25 years, working across a number of different areas, including hotel management, corporate and association hotel sales, meeting and event planning and more.

He has worked on events for four U.S. presidents, Oprah Winfrey, Steve Jobs, ZZ Top, Brooks & Dunn and the San Antonio Spurs, as well as two NCAA Men's Final Fours.

Eli has served as president of the board of directors of the Meeting Professional International's Texas Hill Country

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Quench — 2022 —Issue 4 25

Features

The Lease You Can Do Leasing may be the key to smart financial management for your water system

By Julia McCusker and John DeLuca

Improve the water infrastructure systems across the nation. Yet it’s hard for water system providers to know how With each passing year, America’s to replace in the most cost-effective, 2.2 million miles of water pipes and systematic way possible. Most providrelated equipment get older, more ers don’t want to resort to shifting costs fragile and less reliable. According to a to consumers. Between 2012 and 2019, recent Infrastructure Report Card is- residential water and wastewater rates sued by the American Society of Civil skyrocketed by 30%, outstripping inflaEngineers, water main breaks occur tion. That means the cost of drinking so frequently in the U.S. that about 6 water has risen more than the cost of billion gallons of water are lost each most foods or fuel types. day — enough to fill more than 9,000 swimming pools. It’s no surprise that Still, water projects have to be tackled America’s infrastructure scored a C- on sooner rather than later, no matter the cumulative expense, which could reach the report card. an estimated $1 trillion over the next Nevertheless, the growing population quarter-century. The question, then, continues to rely on the thousands of becomes how to afford necessary uptreatment plants around the country, grades and replacements.

vehicles are far from ideal.

Take federal and private bank financing, for instance. Both options present unique challenges. Federal financing tends to include a lengthy, cumbersome application process. With the impact of inflation in 2022 and beyond, waiting for approval will add expense as the value of the American dollar declines.

Inflation is also causing vendors to increase their prices, which presents a double-whammy effect on water system providers’ budgets. That’s where the process of leasing comes into the picture.

In many industries, equipment leases are standard operating procedures.

The water system sector hasn’t quite embraced the benefits of leasing everyto the point where some plants are stretched far beyond their original en- Although it’s possible for water sys- thing from water softeners and reverse tems to find financing to help pay for osmosis systems to water meters, filtragineering limits. anything from extensive repairs to tion devices and other water treatment The answer might seem obvious: complete overhauls, many financing solutions. Little by little, though, water 26 Quench — 2022 — Issue 4

Features system providers are coming around machinery and materials. to the idea as they learn about some of the upshots to leasing equipment rather Of course, water systems might find than financing equipment purchases. that leasing presents other opportunities, too. But they can’t tap into those One of the most immediate benefits advantages until they start exploring of leasing is that it can be done quickly. their financial management options.

In most cases, companies don’t have Leasing water and wastewater treatto seek consent from third-party lend- ment equipment begins with a few ers. Instead, they can work directly preliminary steps: with lessors. Frequently, lessors don’t ask for anything down, or they ask 1. Talk to a trusted financial services for a negligible amount. Water system partner. providers can get started immediately on all projects, especially smaller ones, As mentioned before, the cost to reviwithout dipping into any liquid cash talize all or part of a lagging water sysreserves. tem can be extremely high. Although leasing can be an excellent decision, Another perk to leasing is that plenty providers should seek the help of fiof vendors that offer leases offer spe- nancial experts in consideration. cial add-ons as well. They could fold the cost of installation into the lease, Water systems should talk with a cusallowing lessees to pay for the installa- tomer relationship manager at a lender. tion over time. They might be willing Ideally, the manager will have some to factor in shipping and transportation experience with helping other utilities costs, additional parts and even train- investigate leasing as opposed to buying ing, too. These extras might not seem items outright. The lender should also like much at first but can remove quite provide helpful tech tools that can assist a few financial, logistical and planning in making final choices regarding how stressors. Additionally, some lessors and where to spend money. will be open to negotiating surprisingly flexible terms if a water system leases 2. Map out a replacement or upa large amount of equipment and pe- grade plan. ripheral services.

The best way to make the most inAnother upside to leasing equipment formed decisions on purchases versus is that the water system knows it will leases when dealing with infrastrucalways have access to leading-edge ture projects is to map out the whole solutions for temporary fixes. Some project. From that point, planning can breakdowns can be patched temporar- begin. ily without affecting the safety of a water system’s performance. Having the Keep in mind that most water, stormchance to lease world-class equipment water and wastewater infrastructure instead of buying it outright at once restoration projects happen in stages, ensures that the equipment can work and leasing equipment temporarily right away and companies can return could fill gaps between project phases. it later. The equipment might even be Still, it’s essential to know the scope swapped with later-model replacements and parameters of each of these stages down the road. Consequently, the water before signing any type of equipment system will always have state-of-the-art lease.

3. Consider leasing terms attentively and pragmatically.

Leasing financing terms are, by nature, fairly flexible. Some are prepayable, too.

Others have one-dollar buyout clauses that kick in at the end of the lease. Still, not all financing setups are right for all lessees.

Take the length of the lease as a prime example. Leases are designed to match the useful life of the asset (most are five to 10 years). By leasing the item, you are not paying for it well beyond when it is replaced (as in the case of a 30- to 40-year loan).

Lessees must be cognizant of all the moving parts of leasing before diving into a leasing situation.

The problem of America’s aging water infrastructure isn’t going to resolve itself overnight, or even within a few years. It took time to get to this point, and it will take time to turn everything around. However, the time is ripe for water systems to explore creative ways to improve the assets that their customers depend on for clean, safe water.

Leasing can keep the water flowing and avoid putting unwanted fiscal burdens on families.

Julia McCusker is the regional vice president of water infrastructure at CoBank, a national cooperative bank serving vital industries across rural America by providing loans, leases, export financing, and other financial services in all 50 states.

John DeLuca is vice president of water infrastructure at CoBank.

This article was originally published in Water Online.

Quench — 2022 —Issue 4 27

TRWA Briefs Join us in San Antonio for our Office Professionals Conference

Join us in San Antonio for our third and final conference of 2022, the Office Professionals Conference.

Learn everything you need to keep your system running smoothly, from data security to collections best practices and much, much more.

The conference will be held October 13-14 at the Drury Plaza Hotel San Antonio Riverwalk. For more information or to register, visit www.trwa.org/opc22 or scan the QR code below.

Join the conversation at: www.facebook.com/TexasRuralWaterAssn

Find us at @TexasRuralWater for industry and legislative news relevant to you!

Advertiser Index AIA Insurance Agency................................ Page10 Axis Construction/Kasco...................................21 Childress Engineers............................................21 Chlorinators Inc./Regal.....................................21 CoBank................................................................7 Hayter Engineering...........................................25 Hayes Engineering.............................................21 HydroPro Solutions.............................................7 J.F. Fontaine & Associates..................................29 28 Quench — 2022 — Issue 1 4

Pittsburg Tank & Tower Maintenance Co., Inc......24 Russell Drilling Co., Inc.......................................29 Texas Aquastore................................................19 SAMCO.............................................................. 11 Smith Pump Co., Inc………………...…………………..24 USA BlueBook………...……………….......Back Cover

Upcoming District Meetings

Tell us your TRWA success stories...

Find a TRWA meeting near you, whether it's in your district or not, and join us for training, networking, lunch and door prizes.

For more information and to register for the meetings, please visit www.trwa.org/district-meetings.

District 13 - September 21 Orange District 5 - September 22 Bay City District 3 - October 5 Granbury District 1 - October 26 Amarillo

J. F. FONTAINE & ASSOCIATES, INC. CONSULTING ENGINEERS

We want to hear from you! Share your TRWA success stories with us at trwa.org/accolades.

TRWA’s mission is to serve, represent, support, and strengthen our member water and wastewater utilities.

Your story about how TRWA has assisted you or your system will help us share with other utilities the benefits they can receive from TRWA. Plus, the state and federal agencies who help fund many of our programs use these types of letters in their evaluations of how our association is performing. By providing these for us, you help expand the services TRWA offers.

We're proud of the work our Trainers, Circuit Riders, Wastewater Technicians, FMT Specialists and other staff do to help water and wastewater utilities thoughout the state. Help us spread that message by letting us know what they do for you at trwa.org/accolades.

...and let us know if you need help We've also launched a new page dedicated to general requests for assistance from the association at trwa.org/assistance.

This form is not meant to replace existing methods of contact. If you have a question you would usually ask your Circuit Rider, then reach out to them as you normally would. If you need an answer to legal question, then continue to use our legal request form or email legal@trwa.org. But if you have a more general request, the kind where you know you need help but aren't sure exactly what kind, then you can ask it at trwa.org/assistance and we'll direct it to the appropriate member of the TRWA staff.

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Quench — 2022 —Issue 4 29

TRWA holds its inaugural Apprenticeship Orientation

In July, TRWA took the next step toward tackling one of the water and wastewater community's greatest challenges: recruiting and training the next generation of operators.

This has been an uphill battle across the state, with rural utilities struggling to find and retain new operators long-ter m. To help develop the next generation of our industry's workforce, TRWA's training department has worked with the National Rural Water Association to develop an apprenticeship program for our state. From working with the Department of Labor on standard approval, to creating a rounded curriculum, to recruiting apprentices, our staff has put countless hours into getting this program going.

On July 26, the program finally welcomed its first apprentices to our inaugural Apprenticeship 30 Quench — 2022 — Issue 4

Orientation. Two of the three apprentices in our first cohort were able to attend the orientation, which was hosted by Levi Water Supply.

Apprentices Dennis Fournier and Adan Guerrero spent the first portion of the orientation learning what to expect as apprentices and then received technical instruction

from TRWA’s instructor Bruce Pearson.

Beginning with this cohort, TRWA plans to hold orientations for new apprentices twice a year, in January and in July. We encourage systems that are interested in hiring an apprentice or eenrolling an existing employee to reach out to apprenticeship@trwa.com.

TRWA at PDW

TRWA had a big presence at August's Public Drinking Water Conference, including TRWA staff and board members. Pictured from left to right at the TRWA booth are staff members Ariane Walker, Nichol Everingham and Haley Dixon.

The Months Ahead Here's a look at a small sample of the events TRWA has scheduled for the next two months. To see more trainings, regional meetings, conferences and more, visit www.trwa.org/event_calendar 2

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September 13-15 Virtual Groundwater Production

September 22 District 5 Meeting in Bay City

October 4-6

OCTOBER 2022 1

Virtual Basic Wastewater & Water Utility Management in Lorena

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Office Professionals Conference in San Antonio

Quench — 2022 —Issue 4 31

1616 Rio Grande| Austin, TX 78701-1122 Telephone: (512) 472-8591 | Fax: (512) 472-5186 www.trwa.org

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