Quench 2023 - Issue 1

Issue 1 2023 www.tr wa.org

RURALWATERCON 2023

REGIONALIZATION PROS & CONS

COMMUNICATING OUR SUCCESSES

TRWA Today Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of nearly 900 nonprofit water supply corporations, water districts, small-town water departments and investor-owned utilities. In addition, more than 150 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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TRWA STAFF Main Office Line

LEADERSHIP TEAM

(512) 472-8591

Lara Zent Jason Knobloch Larry Bell

Executive Director & General Counsel Deputy Executive Director Technical Assistance Director

ext. 101 ext. 137 ext. 138

Mary Alice Boehm-McKaughan Nichol Everingham Tom Shephard, CPA Eric Betts

Assistant General Counsel Professional Development & Training Director Finance Director Communications Director

ext. 106 ext. 134 ext. 102 ext. 115

Eli Aguirre Melody Bennett Pam Cantrell Haley Dixon Chelsea Gomez Sarah Isbell Deborah McMullan Wendi Noble Sarah Rosenberg Sonya Stocklin Ariane Walker Emily Young

Meeting and Event Planner Project Support Specialist Accounting Support Specialist Apprenticeship Program Manager Training Support Specialist Course Developer Membership and Outreach Manager Legal & Executive Assistant Instructional Developer Office Manager Training Manager Assistant Environmental Services Director

ext. 105 ext. 130 ext. 139 ext. 107 ext. 103 ext. 459 ext. 108 ext. 321 ext. 109 ext. 104 ext. 111 ext. 132

OFFICE STAFF

FIELD STAFF Nathan Cantrell Trey Daywood Roel Gonzalez Justin Guerra Paul King

Wastewater Technician Water Training & Technical Assistance Specialist FMT Specialist GIS & Drone Technician Circuit Rider

cell: (512) 924-7158 cell: (512) 806-6171 cell: (512) 923-5812 cell: (512) 317-8992 cell: (512) 913-9753

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

Circuit Rider Circuit Rider Instructor Circuit Rider FMT Specialist FMT Specialist Source Water Protection Specialist Assistant Technical Assistance Director Instructor 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) 317-2003

In Every Issue

From the Field

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

Come Together...........16

Letter from the Executive Director ........5

Learn more about the pros and cons of regionalization and consolidation.

Keep it Legal .........6

Let Them Know You're There.......19

Answers to your legal questions

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

Answers to your technical questions

Water operators need to be better about promoting what they do and sharing their success stories.

Put on Notice...22

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

TRWA's Assistant Director of Environmental Services explores best practices for posting public notices

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

TRWA News

Small pieces of association news TRWA’s Calendar of Events

Features RuralWaterCon 2023...12

Rural Water Rally in DC....10

TRWA takes the nation's capital

Emerging Leaders Program....15

Get ready to join us in Austin for our 2023 Annual Convention

Boost your career with TRWA's Emerging Leaders program

Support the Rural Water PAC....26

Meet TRWA's new Instructional Designer

New TRWA Staff.....30

Your support is key to continuing TRWA's legislative work

on the cover:

Icicles plunge from a cliff face after the arctic blast rolled through the state in late December photo by Nichol Everingham, TRWA Professional Development & Training Director

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!

I hope everyone is doing well.

Thank you to everyone who helped to make our annual visit to Washington, D.C. a success. We were able to divide into four teams and make an appearance in every Texas Congressional office as well as the offices of both Senators John Cornyn and Ted Cruz. While most of the meetings were with staff members, we were able to meet with several members of Congress and present them with requests to support continued funding for the federal programs that provide support to TRWA member systems. I am especially thankful for the funding associated with the USDA Circuit Rider program and the Apprenticeship Program through the Department of Labor. These are two of the many funding opportunities we have as members of the National Rural Water Association that help all of us maintain a safe, reliable and well-trained operation for the people we serve.

In March, we're inviting all our Texas rural water community members to participate in a similar event as part of our convention in Austin. Be sure to sign up for Rural Water Day on March 29 so you can join us as we travel to the Capitol to meet with legislators and their staffs. Your presence will help Lara and her

team as they work with members of the Legislature and the new Texas HouseWater Caucus to access a portion of the current state surplus to fund rural water infrastructure improvements that we all need to keep pace with growth and a changing regulatory climate.

You can keep up with TRWA's legislative work and other news from the Legislative Session with TRWA's Capitol Pipeline newsletter. It's sent out every Monday that the legislature is in session and is a must read for those that want to stay informed on happenings that impact our members and other rural water systems in Texas.

I encourage everyone to read this information and contact Lara or a member of her team if you have any questions or comments. While we value everyone’s opinion on issues before the legislature, the positions taken by TRWA are reviewed and approved by the Legislative Committee of the Board of Directors. We try to focus on what we believe is in the best interests of the many when establishing our legislative agenda.

Thank you all for what you do each day to provide safe and reliable drinking water to more than 3.5 million Texans in the rural community.

Be safe, Bruce Alexander President TRWA 4 Quench — 2022 — Issue 6

Letter from the TRWA Executive Director Dear TRWA Members, Happy New Year! 2023 has gotten off to a great start at TRWA! Membership renewal and Convention registration numbers are coming in strong. We already have as many registrants and exhibitors coming to our big event as we did pre-pandemic, and we’re excited to return to the Capitol as a big group on Texas Rural Water Day! The Texas Legislative Session kicked off on January 10th and I hope you have been receiving and reading our weekly Legislative eNewsletter – TRWA Capitol Pipeline. If not, please contact our communications department at editor@trwa.org to get added to our distribution list.

With a Texas budget surplus of $33 million this year, TRWA and other water stakeholders are working hard to get some of this funding dedicated to water infrastructure. Our focus of course is on rural water and wastewater infrastructure. We plan to send out calls to action to ask for your assistance in requesting support from your state senators and representatives on this important issue.

We've started holding our area district meetings and

have them scheduled through the end of this year.

These are great opportunities for you to network with TRWA members in your area, receive updates from TRWA and receive some free training.

We are also focusing on workforce development and recruiting new individuals to seek careers in our industry to replace those who are retiring. Our Registered Apprenticeship Program launched its second cohort in January, with four new apprentices! Our team has been attending career fairs around the state, including veteran career fairs and most recently an FFA career fair to promote opportunities in our industry. To learn more about our Program and how you can get involved, please visit our website at: trwa.org/RAP. We’re also excited about new staff members joining our team this year. In this issue, you’ll read about our new Instructional Designer who is creating new interactive online self-paced operator certification classes for us.

I hope your year is off to a great start too and I look forward to seeing you at Convention and other events this year!

Best regards,

Lara Zent Executive Director & General Counsel TRWA

Keep It Legal Answers to Members’ Questions by TRWA Assistant General Counsel Mary Alice Boehm-McKaughan

Q:

One of our board members just quit. What do we do?

A: The answer is different depending on whether your system is a Water Supply Corporation (WSC) or a district.

In my answer, I will use the terms board member and director interchangeably.

Water Supply Corporations: If a board member resigns, the remaining board members can accept the resigning board member’s resignation. Depending on what is dictated by your system’s bylaws, the resigned board member’s position remains vacant until it is filled either by: 1) the board appointing a replacement by majority vote, or 2) a replacement being elected by the membership.

The most common scenario is that the remaining board members appoint a new director to fill the vacancy. Please double check your bylaws to see how long the new director’s appointment will last. Some bylaws require the newly appointed board member to fulfill the remaining term of the resigning board member. Some system’s bylaws limit the newly appointed board member’s term until the next annual meeting, when the appointed board member must run for election for the remainder of the unexpired term.

If this issue is not addressed in your system bylaws, then Texas Bus. Org. Code Sec. 22.212 applies. Texas Bus. Org. Code Sec. 22.212 requires, after a director resigns, the remaining WSC board members appoint a replacement director by a majority vote. The newly appointed director would then serve out the remainder of the term of the resigning director.

Water District: If your system is a district, the Texas Water Code Sec. 49.105 requires a district board appoint a new director within 60 days of the resignation.

The newly appointed director then serves on the board 6 Quench — 2023 — Issue 1

for the remaining unexpired term of the director he or she is replacing.

If the district board doesn’t fill the board vacancy after 61 days, registered district voters may file a petition, signed by more than 10% of registered district voters, with the district board requesting the appointment a new director. If the director seat remains vacant for longer than 90 days, or if the district’s board no longer has a majority, the TCEQ may appoint a new director to the district’s board following the procedures set forth in 30 TAC 293.33. If the district was created by a County Commissioners Court (County), the County may appoint a new board member if the director seat remains vacant for longer than 90 days.

Q:

We are a water supply corporation (WSC) and one of our members just asked me to send them a copy of our member voting list (Voting Roster).

I remember that my customers’ addresses and phone numbers are now confidential, what do I do?

A: First, your member cannot verbally request a copy of the Voting Roster. Your member must make a written request to inspect the Voting Roster and the inspection must occur at your office. Pursuant to Tex. Bus. Org. Code Section 22.158(c) your member can also make a written request to copy the Voting Roster at a reasonable time at the member’s expense.

You also asked how to handle confidential customer information contained in the Voting Roster. In 2021, the Texas Utilities Code made utility customer information confidential. This seems to conflict with Section 22.158 of the Texas Business Organizations Code, which requires a system to prepare a Voting Roster, including the address for each voting member, and make it available for inspection and

copying by members or their legal representatives upon written request.

To reconcile these two competing statutes, TRWA recommends providing the Voting Roster for only a limited time and only to members (not the general public). The TRWA Model WSC Election Procedures recommends the following: 1. Voting Roster. At least 40 days prior to the annual meeting, the Corporation will prepare an alphabetical list of the names and addresses of all its voting members (“Voting Roster”) as required by Section 22.158 of the Business Organizations Code.

Note that the voting roster is only available during this limited window of time up to the annual meeting to Corporation members only. a. The Voting Roster of members approved to vote in the annual election shall be available no later than the second business day after the date the annual meeting packets are sent to the members, and through the day of the meeting. b. The Corporation shall provide a copy of the Voting Roster to the Independent Election Auditor to verify the members which may cast a ballot in the election. c. The Voting Roster will also be made available in the Corporation’s office or other location deemed accessible for inspection by a member or the member’s agent or attorney. d. The Voting Roster will be available for inspection at the annual meeting.

Q:

physically present at the noticed geographic location of the meeting and if the video and audio feed of the director(s)’ participation is broadcast live at the meeting.

If the WSC service area extends into three or more counties, then just the Board President, or presiding board member, must be located at the noticed geographic location. Please review Section 551.127(b) of the Open Meetings Act for specific requirements regarding the meeting notice and audio-video accessibility.

Assistant General Counsel Mary Alice McKaughan has worked at the Attorney General's Office, the Texas Commission on Environmental Quality, the Travis County Attorney's Office, and in her own practice.

TRWA Members can submit their legal inquiries by emailing legal@trwa.org or by using the form on the bottom of the Legal page. They can also 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.

Does the Open Meetings Act apply to a WSC? Can a WSC still have board meetings by video conference?

A: Yes, the Open Meetings Act applies to a WSC. Yes, under Section 551.127(b) of the Open Meetings Act, a properly noticed WSC board meeting may be held by videoconference call if a quorum of the WSC Board is

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:

One of our licensed operators has been offered part-time work at another nearby system on top of his responsibilities with our utility.

If we were to allow him to take on the extra work, could we be held responsible for any problems that might arise with the other system?

A: An operator may work for multiple Public Water Systems (PWS) as long as the systems agree to share this operator’s time. The operator and PWS must notify the Texas Commission on Environmental Quality (TCEQ) when the licensed operator stops working or begins working for another PWS. The question of liability is asked less frequently, so let’s address it as well.

Each licensed operator is responsible to operate and maintain each PWS they work for in compliance with the applicable State, Federal and Local rules. If this licensed operator is negligent and something they did or didn’t do causes a particular system’s water to create potential health problems, or if they falsify any of the reports required by TCEQ, then their license could be suspended or even revoked. In that eventuality, the original system would also be short one licensed operator.

But the bottom line is that licensed operators are the ones typically held responsible for non-compliance violations if it was something they were supposed to be doing or overseeing. The system with the violations will also be held accountable to correct the violations and pay any fines.

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If your licensed operator has been asked to help out another system, then hopefully they’re pretty good at operating and maintaining a PWS and won’t run into this sort of trouble, but it has happened before.

Q:

We have some hydrants that need repair kits and wanted to know if we were responsible to cover the cost or if that would that fall to the fire department? We collect donations via our water bills for them to help cover the cost of additional hydrants, but repairs aren’t mentioned in that agreement and most of the ones in question were put in before that agreement was made.

A: We get these types of questions from time to time, but the answer really depends on the specifics of the situation and the relationship between the Public Water System (PWS) and the fire department or the emergency services district (ESD), if there is one in your area.

If these hydrants were originally installed as in-line flushing hydrants, then the PWS is responsible for maintenance and upkeep, just as they would be for all other PWS facilities.

If a fire department or ESD has approached the PWS to use all or certain flush hydrants as fire hydrants, then you would want a contract that stipulates who is required to do the flow testing and annual testing for those hydrants and pay for the necessary maintenance of them. There are a few PWSs that have agreed to do all maintenance and upkeep of these hydrants but will charge the fire departments or ESDs for any damages caused by the inappropriate use that results in leaks or seal replacements of said hydrants.

If the seals, packing or other hydrant parts are failing due to improper opening, closing or operations, then those costs may need to be discussed with the other entities that are operating those hydrants. Some PWSs have had so much abuse of their hydrants that they restrict the fire departments to only using certain hydrants. The utilities then use other hydrants to flush their system after leaks or as needed.

A PWS should always consider who is going to pay for maintenance and repair of these hydrants before an agreement is drafted or renewed. Then during those discussions, the PWS needs to show how much these repairs costs each year. Your existing agreement could be amended to include not only the costs to install new hydrants, but also their annual maintenance or other repairs as needed, and make clear who is responsible for what.

Q:

We received a pre -inspection checklist from TCEQ and it feels as though they're asking for a lot more stuff than they usually do, particularly about our elevated tanks. Is this typical for today? Did we do something wrong?

A: Not necessarily. It’s tough when it seems like state agencies are putting extra burdens on us or our staff. Everyone should take a moment when they read these types of instructions to understand that these TCEQ investigators probably have not had any contact with your PWS since their last investigation. Since that time, the PWS may have reevaluated their distribution system or altered their pressure planes to meet ever-changing customer service demands, changes regional investigators might not have been provided the information about. They might request additional information from the PWS so they can modify their final customer counts, elevation changes to pressure planes and so on in order to have an up-to-date understanding of how your PWS may have been modified since the last investigation.

Even if TCEQ might not have asked for this specific data, PWSs are required to maintain all types of system records under the broad scope of the TCEQ’s Chapter 290 Rules. This information is to be made available from the daily, weekly, monthly or annual water system’s operational reports/records. Many years ago, this pre-checklist contained only about 23 or so records for the PWS to assemble prior to these TCEQ investigations, but each

time I see these lists they request more and more detailed information be made available during the investigation.

Section 290.46(f)(3) specifically says these operating records must be “organized” and “accessible for review.”

“Organized” in this case is further defined to state that the other data which is a part of the required original documents must also be maintained.

Section 290.45 contains the criteria to be used when the system is determining how high an elevated tank must be constructed in order to provide the minimum of 35 PSI at 1.5 gpm per connection even to the highest customer location in that pressure plane.

Your system may need to go back to the engineering studies or engineering company to see what elevation they determined was the highest service connection when that elevated tank was constructed. The key to remember is that even though they used the highest service connection elevation to be served at that time to construct that elevated tank, there may have been “other service connections” that have been installed since that tank was put online that are higher than the original highest service connection. Systems must also be aware that subdivisions or large number of new service connections that were added “in the valley” will decrease the sustainable volume of water at these higher customer elevations.

Most engineers do not design elevated tanks to just barely meet the 35 PSI requirement to the current highest customer.

They consider the highest elevation which may eventually have a service connection installed in the future or serve a greater number of customers within that pressure plane. As you are aware, there have been some PWSs which have rearranged their distribution systems from time to time and shifted some customers from one pressure plane to another after a new elevated tank is constructed. This would then alter which service connection was the highest within that amended/changed pressure plane.

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 — 2023 —Issue 1 9

TRWA News

TRWA visits Washington, D.C. for the Rural Water Rally Representatives from TRWA joined our rural water colleagues from across the nation in Washington, D.C. February 6-8 for the National Rural Water Association's annual Rural Water Rally. Our delegation met with elected officials or the staffs of the majority of Texas' 38 Representatives and two Senators to discuss the priorities and challenges facing rural water and wastewater utilities today.

TRWA Board Member Kent Watson with Representative Pete Sessions.

TRWA Board Member Rachel Webb, Ginny Rogers, Representative Lance Gooden, Executive Director Lara Zent, Zev Zent, Board President Bruce Alexander and Deputy Executive Director Jason Knobloch.

TRWA Board Members Steve Adams, Allen Knight and Chris Boyd with Representative August Pfluger (second from left).

TRWA's Oscar Sanchez, Congressman Troy Nehls, Kyle Eppler, Board Member Kent Watson (front), Pete Rodriguez, Margie Tapia, Board Vice President Robert Nettles and Nora Ureste.

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Ze v Zent, TRWA Board Pr esident Br uce Alexander, Executive Director Lara Zent and Deputy Executive Director Jason Knobloch with Representative Monica De La Cruz (front, third from left)

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Features

Get Ready For

RuralWaterCon 2023 March 29-31 in Austin TRWA will host its Annual Convention this spring from March 29-31 at the Renaissance Hotel in Austin.

RuralWaterCon 2023 offers something for everyone who works for or helps lead a water or wastewater utility in Texas. Gain the insight you need to tackle the challenges of your position, whether you're a manager or an operator, office staff or a board member. Our speaker panel of experts are ready to share with you the latest updates, opportunities and best practices.

RuralWaterCon 2023 will feature five rounds of breakout sessions,

12 Quench — 2023 — Issue 1

each organized around four tracks to help you find the information most pertinent to you. Our roundtable sessions will return, guided by expert facilitators but propelled by the topics you and your peers are most concerned with. On Thursday, our Ask the Experts table will be staffed all day by TRWA technical staff members to tackle your trickiest water and wastewater questions.

Convention attendees will get the opportunity to make their voices heard at the State

Capitol during this important legislative session through our Rural Water Day visit March 29. Sign up separately when you turn in your registration and join us Wednesday morning at the Renaissance for a Briefing Breakfast before we bus down to the Capitol for a day of meeting with lawmakers.

On Thursday morning, attendees will receive the national rural water perspective from NRWA Senior Vice President

Features Phillip Combs and Legislative Analyst Michael Preston during our Opening General Session. The session will also feature recognition of our Awards of Excellence winners and Texas Rural Water Foundation Student Scholarship recipients.

On Thursday evening, we’re doing something a little different with our annual President's Banquet. Following dinner, the evening's entertainment will be live, interactive line dancing lessons led by an experienced instructor, who will take us through the motions in a fun, fast-paced manner. The Banquet will Breaks between sessions will feature also feature a live auction in support refreshments and prize drawings in the of the PAC. Exhibit Hall. We'll have breakfast in the Exhibit Hall on Thursday and Friday Registration information was mailed out and lunch on Thursday. Wednesday to TRWA members in January and can evening all are invited to join us for a also be found online at www.trwa.org/ Welcome Reception in the Exhibit Hall page/rwc23. as well. The Exhibit Hall will also play host to our silent auction to raise money We can't wait to see you in Austin for for the Rural Water PAC. RuralWaterCon 2023!

Key Event Information RuralWaterCon 2023 March 29-31 Renaissance Austin Hotel Rural Water Day at the State Capitol March 29 | 6:45 a.m. to 3 p.m.

President's Banquet March 30 | 6 to 9 p.m.

Closing General Session & Legislative Update March 31 | 10:45 to 11:45 a.m.

Quench — 2023 —Issue 1 13

Help Us Connect Texas

We’re Hiring 14 Quench — 2023 — Issue 1

All Texans deserve a clean, safe source of drinking water.

TRWA is looking for experienced water and wastewater professionals to provide training & technical assistance across the state.

Visit trwa.org/trwajobs to see our current openings

TRWA News

Sign up to join or mentor TRWA's Emerging Leaders Grow in your career and obtain a statewide perspective by joining TRWA's 2023-2024 Emerging Leaders Program.

The Emerging Leaders Program is designed to bolster the careers of those who are invested in the future of rural water, particularly early- to midcareer professionals currently employed by a TRWA member utility system. It aims to teach participants skills such as leadership, management, advocacy and grassroots engagement, forming policy and regulatory relationships, public relations and community outreach and fundraising and financial management.

To accomplish this, participants take part in a nine-month-long professional development and networking program that aims to enhance individual leadership skills and prepare participants to be active and engaged community leaders and advocates for rural water issues.

Participants will take part in three in-person trainings in Austin and San Antonio, participate in webinars, implement projects in their local community and receive one-on-one coaching from experienced industry mentors.

ELP Coaches Needed To help our newest group of Emerging Leaders achieve theirgoals, we're also looking for qualified coaches who can help guide participants as they look to take these important next steps in their careers.

ELP coaching is a one-to-one relationship designed to help program participants clarify and accomplish their professional goals on the way to unlocking their potential.

The oppor tunit y to be a par tner in a participant’s professional development is both a privilege and a responsibility.

Serving as a coach not only helps your assigned Emerging Leaders participant gain new insights, knowledge and skills; but also provides personal growth and learning for the coach along the way!

Participants and coaches who complete the Emerging Leaders Program will be recognized in Quench Magazine and participate in a graduation ceremony at RuralWaterCon 2024.

Visit trwa.org/ELP for more information and to find the online application.

Quench — 2023 —Issue 1 15

From the Field

Come Together Regionalization and consolidation have become hot topics for many in our industry.

The benefits and drawbacks are worth considering.

By Jason Knobloch We hear a lot about regionalization and consolidation in our industry right now. For many, especially at the state and federal levels, they have become favored solutions to many of the problems some small systems have run into.

In most cases these two terms are synonymous, but there are some instances where one might be more appropriate than the other. Regionalization is the term that's typically used when the

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utilities in a particular area can benefit from coming together on a project or forming a single entity. Consolidation, on the other hand, is often used when one system takes on a neighboring utility as part of their service area because they are struggling to provide the service. We'll mostly use "regionalization" in this article, but many of the benefits and concerns laid out here apply equally to any case where two or more systems join to become one.

to ensure the necessary steps are being taken to be sustainable. Finding another system to work with can take the responsibility for rate increases out of their hands.

Lack of financial resources is often the root cause for staffing problems too. New certified operators are hard to come by, especially in rural areas that do not offer the amenities younger generations are looking for.

The competition for wages is heavy, There are a number of reasons especially when restaurants and gas this is becoming a popular solution stations are paying the same or more for problems in our industry, from than we're paying utility staff. That concerns over water quality to work- must change. force and supply scarcity. When a system deals with chronic violations, The last concern is water supply. whether due to a lack of manpower Many areas of Texas just do not or insufficient financial resources to have the resources to keep up with serve its customer base, that can raise the exponential growth they might questions about what can be done to be seeing, not with more than 1,200 fix things. Many small utility boards people moving to Texas each day. are reluctant to raise rates on the This lack of supply is either due to customers that elected them, even as limited availability of groundwater or they know they have a responsibility no nearby sources of surface water

TRWA News (lakes, reservoirs, or streams). In order to survive in today’s climate, our rural areas must upgrade and upsize their utility infrastructure and secure future sources of water. Many projects are on the table across the state for new reservoirs, brackish desal projects and purchasing water from larger utilities miles away.

Many utilities are reluctant to consider regionalization because they see it as surrendering the utility to a bigger entity and losing the voice of the local people. In some cases, that is a valid concern. Once a utility releases their authority over their service area, they are subject to the rates and policies of the new utility. This could even include annexation and taxing.

Harder still is when it begins to seem like the option is being forced upon a system. There have been talks of taking count of violations to use as a marker for when consolidation is needed. Others have talked about if an evaluation of the water source doesn’t meet a projected timeline. But a decision as important as this one requires buy-in by the board and local community, something that's difficult to get when it's decreed from above.

This is not an action that can be done with blanket legislation, and we hope to keep that at bay.

But in some cases, regionalization can help solve the problems that plague systems. Operators and other staff, financial resources and even water sources often go further when pooled and shared among a larger area due to economies of scale. Some systems might not have the capacity, financially or physically, to address the infrastructure issues that have been neglected and are now in a position where all they can do is patch

crumbling infrastructure as it fails rather than make necessary improvements. An infrastructure upgrade to add a well and a transmission line can cost approximately $4 million. A larger utility can better disperse the costs across thousands of customers, keeping rate increases small. However, a small utility with only 1,000 connections will feel the impact of that debt more severely.

lower income areas, which can qualify We know that it can be difficult to for more grant or loan forgiveness find qualified people willing to serve opportunities. Many of TRWA's own on a board, and failing to secure an technical assistance programs are engaged board makes it difficult for actually geared towards populations a utility to succeed, no matter its size. of 10,000 or less. This is because the Or some systems are simply out of consensus is that the smaller utilities their water sources and have nowhere need the help more than larger ones. else to turn. In either of these scenarios, the best way to get help for Even though regionalization as a their systems and customers might solution is often pushed from above, be to team with a utility that has the there are barriers to it at the state wherewithal to supply water to the level that can dissuade some systems. community. Most larger utilities have The Public Utilities Commission of the ability to take on the growth we Texas (PUCT) regulates Certificates are seeing because they have secured of Convenience and Necessity (CCN) ample water, have adequate staff and and the process of Sales, Transfer, are competitive with pay and benefits. Mergers (STM applications). In recent These are areas where many small years, the process of consolidating a utilities struggle. smaller utility into a more sustainable one often requires thousands of dolIt's not a decision to be entered into lars in legal fees and months of palightly, as regionalization does have perwork and approvals. These admindrawbacks. There's less community istrative disincentives have sometimes input due to the size of the customer trumped the water problems on the base. Those wanting to serve on a ground, deterring utilities willing to larger system's board or city coun- provide water for neighboring comcil have more of a challenge to get munities in need and in some cases elected than they do for a board causing the merger to fail. position on a small water supply corporation. At a certain point, larger Regionalization can come in other utilities begin to lose the ability to take forms that aren't just two utilities joinadvantage of some state and federal ing into one. Special districts, water programs focused on smaller utilities authorities and regional projects of that serve less than 10,000 popula- all kinds are being created around tion. Population is a main factor for the state as a cooperative effort to some of the funding programs, but Continued on next page smaller size systems often equate to Quench — 2023 —Issue 1 17

From the Field obtain new water supplies. In some cases, a district is legislatively formed to assume the responsibility of the regional supply efforts, with a governing board consisting of representatives of local water utilities participating in the project. This allows a voice from all utilities and a method of establishing a fair distribution of the water source.

large surface water plants and transmission lines to carry water across multiple counties, Aquifer Storage and Recovery projects, desalination plants for brackish groundwater and even establishing new reservoirs and impoundments to resolve flooding issues and serve as a future source water supply.

These projects have consisted of There is no way around noticing drilling well fields to produce large that our state is growing. With new volumes of groundwater, creating regulations and requirements, workforce shortages and the challenges we face securing water for our future generations, all options need to be considered. Regionalization is one of many suggestions being pushed that may address these concerns, and one that's growing in popularity. As with all potential solutions, there are things to consider on both sides of the table.

or how secure your future looks, I would encourage you to get to know your neighboring utilities. Get to know each other’s situations and figure out small ways you might come together to help one another before you face a dire situation. We need to work together to do what is best for the communities we serve, no matter what our current circumstances are.

If you have any questions or comments regarding this article, feel free to contact Jason Knobloch at jason.knobloch@trwa.org or at (512) 472-8591.

Jason Knobloch is TRWA's Deputy Executive Director.

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18 Quench — 2023 — Issue 1

From the Field

Let Them Know You're There Water Operators are used to being invisible until a crisis arises.

We need to promote what we do and share our success stories.

By Donnie Stanton

eating and having a roof over our heads to the alternative. In my case, "The way you know a Utility Operator I got into the field because I was enis doing his/her job well, is that you don’t gaged to the daughter of a local city know they exist." councilman. He helped me get hired at – Someone Smarter Than Me the city because he loved his daughter and needed her future husband to be I know many of us chose to work in able to make a living. He didn't need to water and wastewater with the dream promise me a parade, just a good salof being recognized in parades, cel- ary and room for professional growth. ebrated at special community events and offered to serve in high-level Last year, I wrote about maintaining volunteer positions. Like you, I'm still work-life balance and focused on waiting for mine. the life side, because most operators instinctively know that the utility This is, of course, sarcasm. Most of industry demands its share of that us take a utility job because we prefer balance. We grasp early on that even

if there's not going to be a parade, what we do is absolutely necessary for public health and safety. I learned what an awesome responsibility I had as an operator from incredible mentors who had already learned the importance of maintaining consistent and reliable water and sewer service. As young operators come into the field, we veterans need to set a proper example of what is required to maintain a high level of public service.

It's one thing to understand the theory of that and another to stay up all night Continued on next page Quench — 2023 —Issue 1 19

From the Field fixing a water leak, knowing that you can’t go home and leave dozens or hundreds of people without water simply because it’s quitting time.

Once you understand just how important your job is, it’s easy to get addicted to the job satisfaction of knowing that you provide an essential service necessary to a modern society. Many of us quietly end up retiring at the end of a satisfying career of public service, never being widely known or appreciated by the public we keep safe.

Unfortunately, sometimes we do end up scapegoated by them. In those crisis moments, the public often isn't thinking about the years of consistent and reliable service or the dedication to the public health and well-being we've demonstrated. Most of our

interaction with the public happens when something goes wrong: equipment has failed, service is interrupted, their water tastes funny or their bill is too high. The hard work necessary to correct customer complaints is the first part of leaving the public with a good experience, but not the only part. Our communication with the customer must be right. The customer must be secure in the way we are presenting information. Always tell the truth about a problem, but don't overwhelm them with details.

It is when they are receiving no information about a problem or event that you have the worst public relations experiences. People can usually handle bad situations if they feel they are kept in the loop with correct and timely information about the problem and how the solution pertains to them.

But the fact is that can't only be true in those crisis situations. Even if you're providing timely, transparent updates about a line break, they may be coming too late to give your customers the full picture. To help the public understand the work that goes on in our industry, we have to do something that goes against the nature of many operators: We need to be better at promoting what we do.

We can provide better service for our customers if they hear about us more often.

Based on my personal experience, it is easier to bring hard news (like a rate increase or the necessity of borrowing money for an

20 Quench — 2023 — Issue 1

improvement) if customers are kept in the loop about what is happening as a matter of course. It is a good idea to have someone who works for the utility designated as a central Public Information Officer (PIO), responsible for communicating information to the public.

When a system has a designated PIO, even if it's just one of the hats that person wears, it makes it easier for the utility to speak with one voice to multiple audiences and on multiple platforms. This way, the utility gets to tell the first version of the story. There are many communication products that are available to utility systems and cities, you need to shop around and find the best one for your size and system.

Social media is always a good place to start in laying down an effective communications network for a small system. Direct communications products can be more effective, because they can target people geographically down to the block, but they require people to register an email address or phone number to be notified.

We really need to blow our own horns occasionally. A PIO can also be diligent in communicating upcoming major projects and system improvements. When the rate-paying public sees and understands how their money

is being spent, they develop more of an ownership of the system, and it makes it more palatable when rate increases must occur. I recommend that

the PIO establish a relationship with local TV news directors or newspaper reporters. I have found that newscasters and publishers love to have content dropped in their lap; it makes the task of filling a broadcast or a paper a little easier. Give them enough information so they don’t feel you are hiding something and they have to go into detective mode. Make sure you are the one to tell the story of how local drinking water is produced or how a new tank installation will benefit system users. If a major leak or sewer overflow occurs, call the reporter and tell them what is going on and when the situation is expected to be under control. It is important to manage expectations; always slightly overestimate how long you think it will take to fix a problem, it’s easier to tell a customer that you are ahead of schedule on the repair.

From the Field are told that we are all the PR person, and this is correct to a large degree.

Even if we don’t officially have the PIO designation, the way we all behave, dress, speak and carry ourselves, directly affect the attitude folks have toward the utility. Operators need to approach each member of the public with a genuine attitude of helpfulness.

A well-implemented communications strategy can pull the critical work we do out of the shadows and let citizens know we exist, even, and especially, when things are going well.

Donnie Stanton is an FMT Specialist with TRWA.

In our operator training classes, we

Quench — 2022 —Issue 5 21

From the Field

Put On Notice

Nobody likes having to post a public notice for a violation, but taking care of them quickly and correctly is good for customers and for your utility

By Emily Young

the samples, and approval from TCEQ. Some samples are collected by the system and others are collected by TCEQ (Editor's Note: This is the first in a two-part series on public contractors, depending on the type of sample. Any violanotices and how to handle them properly. Part 2 will be published tions in sampling or reporting to TCEQ can result in the in Issue 2 of Quench for 2023.) requirement to post a Public Notice. The TCEQ Water Supply Division issues chemical and microbial, monitorSome of the most common questions TRWA’s FMT ing and reporting violations, MCL violations, treatment Assistance providers get when on assignment helping technique violations in surface water and Public Notice public water systems (PWS) with compliance of sampling violations. Any sample flagged at the lab as exceeding violations issued by TCEQ involve drinking water public the TCEQ Drinking water standards for that particular notices: When and why does my system need to post one? analyte will also require the posting of a Public Notice.

A public notice is just what it sounds like, a notice posted to the customers of the PWS for sampling violations cited by TCEQ compliance officers based on the TCEQ Chapter 290.122 rules. These are the drinking water samples collected at various sample locations in the distribution system or at the well and sent off to the approved labs for results to determine if they are in compliance with the TCEQ Drinking Water Standards. Most samples require a chain of custody form, indicating locations of 22 Quench — 2023 — Issue 1

These Public Notices were created because of the public’s “Right to Know," which requires transparency and communication with customers about the quality of their drinking water in order to protect the public health. It is vital to get these posted in a timely manner, since failure to post these notices for violations of microbial, primary, chemical or surface water treatment standards can lead to additional violations, giving you multiple strikes for the same issue. These public notice violations can add

From the Field

up quickly if you’re not paying attention.

Public Notices have different notification requirements based on the type of drinking water sampling violation.

Among the three different tiers of Public Notices, Tier 1 is the most urgent, and comes with the most stringent requirements due to the potential public health effects. For example, an Acute Maximum Contaminant Level (AMCL) violation is a Tier 1 violation, one that’s considered to be an emergency. A Nitrate AMCL violation (10mg/L) has a 24-hour turnaround to post a notice after learning of the MCL, since nitrate can cause methemoglobinemia, also called “blue baby syndrome” for the way it impacts oxygen levels in an infant’s bloodstream.

of filtration unit, all of which can take time to address considering TCEQ’s review and approval process. You’ll find the information on submitting this on the Public Notice form. If you’re mailing the PN, make sure to use certified mail and keep a copy of it, in case it gets lost.

A public notice such as this one can be posted in one of the following ways:

1. Through use of a radio or television station to notify customers; 2. The daily newspaper of general circulation; 3. If no such newspaper exists, you must post the notice in a “conspicuous” location served by the PWS. This location could be at the entrance to the develWhen issuing a Public Notice about a violation such as opment or at the HOA office door or the entrance one for Nitrate AMCL issues, there is required mandato a building; tory language used by TCEQ, so it’s best to download the 4. Direct delivery, such as going door-to-door; or Public Notice template from the TCEQ website and use 5. Electronic delivery or alert system. that. The TCEQ also mails the Public Notice template and Certificate of Delivery with the Notice of Violation After the initial Public Notice, it’s required to repost the (NOV) letter. It is sent to the administrative contact in notice every 90 days until the violation is resolved.

Drinking Water Watch. Use the NOV letter received to Continued on next page fill in the contaminant level and monitoring period, which are blank in the Public Notice template.

TCEQ will also want to know what actions your system is taking to address the Nitrate AMCL, and this must be provided in the notice. Within 10 days of when you issued the notice, a copy of the Certificate of Delivery (COD) of Public Notice must be emailed to PWSPN@tceq.texas. gov or mailed to TCEQ, along with a copy of the notice.

Nitrate AMCL issues in the water treatment system can require a new well, a change in treatment, or purchase Quench — 2023 —Issue 1 23

Features If your system gets a Nitrate AMCL violation, that is 10 points toward enforcement criteria. If the public notice is not posted in 24 hours, this is an additional violation and 1 point, totaling the 11 points that leadings to formal enforcement by TCEQ. Posting Public Notices quickly and properly can often be the thing that prevents you from going into enforcement, provided there are no other drinking water sampling violations. (You can check TCEQ’s Drinking Water Watch to view your current and past violations. ) To take another example: an E. coli MCL also requires a Tier 1 public notification, meaning there is a 24-hour turnaround time to post the notice after learning of the MCL. However, this public notice is issued in the form of a Boil Water Notice (BWN), which is also considered an emergency notice. The notice needs to be continually posted until the tests indicate there is no E. coli bacteria present in the water.

methods to deliver the notice to consumers [40 CFR 141.202(c)]: • • • • •

Radio Television Hand or direct delivery Posting in conspicuous locations Another method approved in writing by the state

It’s important to post Public Notices to build trust with the customers your public water system serves on a daily basis. Posting Public Notices allows your system to indicate not just the problem but also the solutions being used to fix it, which can be important information for customers to have if a system has to raise rates or seek out more funding in order to address chronic problems.

Emily Young is TRWA's Assistant Director of Environmental Services.

Again, a copy of the notice and the COD is required to be sent to the TCEQ within 10 days after the BWN is posted. The system must use one or more of the following

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Quench — 2023 —Issue 1 25

Features

Support the Rural Water PAC Help the Texas Rural Water PAC reach its fundraising goals in order to increase our effectiveness in Austin and Washington D.C.

By Deborah McMullan

understand the issues facing water and wastewater utilities. The Texas Rural Water PAC Board reviews candidates’ effectiveness, committee assignments and voting records to determine which ones to support.

Individuals may legally contribute up to $5,000 per calendar year. To contribute, please visit our website at www. trwa.org/PACcontribution to find our online contribution form which will allow you to use your personal credit card, or you can download By law, only monetary contributions a form and mail it with from individuals may be used by the a personal check PAC; corporate or district contributions p a y a b l e are strictly prohibited by law to be used to the for this purpose.

Support this year’s Texas Rural Water Political Action Committee (PAC) fundraising campaign! TRWA has set a strategic goal to raise $35,000 for the PAC in 2023, a number we hope to reach by combining sponsorships, inkind donations and fundraising events at RuralWaterCon in March and our Training and Technical Conference in July. By contributing, you can affect the political process and ensure Texas rural water is fairly and effectively rep- Suggested contribution amounts resented at both the state and federal are guidelines, though any levels. level of contribution is appreciated.

The Texas Rural Water PAC is the bipartisan state and federal political action committee of TRWA. PAC contributions are pooled to make impactful contributions to state and federal legislators in Texas – those in key roles who

26 Quench — 2023 — Issue 1

Features "Texas Rural Water PAC" to 1616 Rio Grande St., Austin, Texas 78701.

Three Ways to Support the PAC The first way you can support the PAC is by becoming a sponsor! Each year, TRWA members sponsor the PAC by making individual contributions to the fundraising campaign. PAC sponsors will be able to display their pride in rural water with our sponsorship gifts. They will also receive recognition in Quench magazine and at RuralWaterCon 2023, to be held in Austin at the Renaissance Hotel March 29-31. Individuals who contribute by March 10 will also be recognized as sponsors in the RuralWaterCon official program!

The Rural Water PAC has three levels of sponsorship that come with gifts for the contributor: •Gold Level: An individual contribution of at least $300 receives a TRWA-branded cheese board with cheese knives.

•Silver Level: An individual contribution of $200 to $299 receives a set of 2 TRWA-branded travel wine tumblers.

contribution of $50 to $199 receives Galveston in July for our Training and a TRWA-branded overnight duffel bag. Technical Conference, we will be holding our annual “Family Fun Fish Fry” The second way you can support Texas on July 12. This event will also include Rural Water PAC is by participating in a Silent and Live Auction. Be sure to our PAC auctions at RuralWaterCon purchase tickets for you, your staff or by donating or purchasing items. We your family members who are with you need in-kind donations of items to in Galveston that week. Proceeds from feature for purchase at the auctions. ticket sales and auction items will go Silent auctions will be held throughout to the PAC. the convention in the exhibit hall, and a live auction for premium items will be The Texas Rural Water PAC’s strength held Thursday, March 30, during the lies in the involvement of water profesPresident’s Banquet. sionals like you. By pooling your contributions with those made by hundreds of We encourage members to donate other TRWA members across the state, unique and locally sourced items for we can make the voice of our industry the auction. It is important to note that louder in both Austin and Washington. if the donated items are given by a district or a corporation, then according Please consider joining the Texas Rural to law the item’s winning bid must be Water PAC team. at least three times the cost of the item for proceeds to fully benefit the PAC. Deborah If you would like to donate an item, McMullan please either send it to the TRWA ofis TRWA's fice, c/o Texas Rural Water PAC, 1616 Membership Rio Grande St., Austin, Texas 78701, and Outreach or drop your donation off at the PAC Manager. booth when you arrive at the convention. All donations are appreciated.

And third, If you will be joining us in

•Bronze Level: An individual

Quench — 2023 —Issue 1 27

TRWA Briefs Area Meetings for Board Members, Managers, Operators & Office Staff TRWA's membership team is hitting the road again to See the opposite page for the 2023 schedule so far. bring the association's training, networking and knowl- We'll be holding events throughout the state over the edge to members throughout the state. course of the year, so join us at whichever location is most convenient for you, and stay tuned for further dates.

All TRWA members are welcome at any meeting. Nonmember utility personnel are invited as well, so bring Area meetings are free, but we ask that you register in someone from a nearby water or wastewaer system advance to help with providing a head count. To register, to experience the TRWA community and enjoy a lunch visit trwa.org/area-meetings. provided by our sponsors. Join us at the meeting most convenient for you. Our thanks go out to the companies sponsoring lunch at these meetings, including Maguire Iron, Zenner USA, Dunham Engineering, Higginbotham and Jacob Martin Engineering.

Sign up for TRWA's e-newsletters Don't miss news and updates from TRWA between issues of Quench. Make sure you're signed up for our eNewsletters.

The Weekly Pipeline features all the latest TRWA news as well as upcoming deadlines, updates from TCEQ, the EPA, and NRWA. The Training Pipeline has a special focus on the wide variety of different continuing education opportunities available to water and wastewater professionals. The Capitol Pipeline provides rural water news and legislative updates from the Texas Capitol while the Legislature is in session.

To sign up for these, visit trwa.org/page/eNews and click the links to subscribe.

Advertiser Index Axis Construction/Kasco...................................24 Childress Engineers............................................23 CoBank................................................................7 Hawkins............................................................18 Hayes Engineering.............................................24 J.F. Fontaine & Associates..................................24 28 Quench — 2022 2023 — Issue 1

NewGen............................................................21 Russell Drilling Co., Inc.......................................24 SAMCO.............................................................. 11 Smith Pump Co., Inc………………...…………………..20 Texas Aquastore................................................30

AREA MEETINGS SCHEDULE Tuesday, March 7 | 11 a.m. to 2 p.m.

Nacogdoches

Tuesday, June 6 | 11 a.m. to 2:30 p.m.

Huntsville

Tuesday, March 14 | 11 a.m. to 2 p.m.

Pittsburg

Tuesday, June 13 | 11 a.m. to 3 p.m.

Uvalde

Tuesday, April 4 | 10 a.m. to 4 p.m.

Fort Stockton

Tuesday, June 27 | 10 a.m. to 4 p.m.

Plainview

Tuesday, April 11 | 11 a.m. to 3 p.m.

Lockhart

Tuesday, July 25 | 11 a.m. to 2 p.m.

Beaumont

Tuesday, April 18 | 11 a.m. to 2 p.m.

Graham

Tuesday, August 22 | 11 a.m. to 2 p.m.

Navasota

Tuesday, May 9 | 11 a.m. to 2 p.m.

Amarillo

Tuesday, August 29 | 11 a.m. to 2 p.m.

Early

Tuesday, May 16 | 11 a.m. to 2 p.m.

Jacksonville

Tuesday, September 19 | 11 a.m. to 2 p.m.

Van Horn

Tuesday, May 23| 11 a.m. to 3 p.m.

Mathis

Tuesday, December 5 | 11 a.m. to 2 p.m.

Abilene

Register @ trwa.org/area-meetings Join the conversation at: www.facebook.com/TexasRuralWaterAssn

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

Quench — 2023 —Issue 1 29

TRWA News

Meet TRWA's new Instructional Designer TRWA is pleased to introduce our new Instructional Designer, Sarah Rosenberg, who joined our team in January. Sarah will work with our course development team, which is responsible for creating TRWA’s selfpaced operator certification courses that are available to operators in Texas and around the country through our partner SunCoast Learning.

Sarah is from Floresville, Texas, and currently resides in Austin. She grew up in a culture-rich Hispanic family on her mother’s side, where good food and company was instilled as a child. Her father, Lou Rosenberg, has been an attorney for more than 50 years and her mother, Sonia, manages his long-established law firm. As a child, she spent many hours at her parent’s law firm, where she learned about many types of civil law, including water law. Fun Fact: she was six years old when she first answered the office phone at the firm while the staff was in a meeting!

Sarah attended The University of the Incarnate Word in San Antonio, where she graduated at age 20 with a degree in English. After she graduated, she taught high school English in various districts in Texas while obtaining her master's in Education from Concordia University. After almost four years as a teacher, Sarah decided to expand her outlook on education and moved into adult education. She most recently worked as an eLearning Developer at eStrategy Solutions.

Sarah is currently working towards her master’s in Science for Instructional Design & Technology at The University of Houston at Clear Lake. Sarah loves to discuss different trends in education and is passionate about making learning accessible and fun for both kids and adults!

Sarah has many passions outside of work; including cooking, reading and spending time with her dogs, Poe and Oreo. In the fall, you can usually find Sarah at a UT football game, cheering on the Longhorns with her partner, Hector, who’s currently working on his Ph.D. at the University of Texas. She currently volunteers with the Alpha Sigma Alpha Sorority and the Junior League of Austin.

30 Quench — 2023 — Issue 1

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

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Basic Wastewater - West Tawakomi & Customer Service Inspections - Decatur (March 14-15)

RuralWaterCon 2023!

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APRIL 2023 1

April 4 TRWA Area Meeting Fort Stockton

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April 17

Emerging Leaders Program Application Deadline Quench — 2023 —Issue 1 31

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