Quality on Tap - May/June 2014

QUALITY ON TAP!

May/June 2014

Meet the Recipients of the 2014 TRWA Awards of Excellence & TRWF Scholarships Also Inside: Foundation Survey Allows Opinions on Water Conservation to Flow Can Mixing Systems Help Prevent Aging Surface Water?

Participate in the 2014 Salary and Rate Survey www.trwa.org

TRWA Today TRWA BOARD OF DIRECTORS

TRWA STAFF Fred Aus Executive Director

Officers

Allison Kaminsky Communications Director

Clay Hodges

President Greenville (Dist. 7)

Pat Allen

Vice President Marion (Dist. 9)

Brian Macmanus

Secretary Harlingen (Dist. 6)

Barry Miller James Morrison

Treasurer Gonzales (Dist. 5) Immediate Past President Huntsville (Dist. 13)

District Directors John Frantz

Hartley (Dist. 1)

Teresa McAnally Member Services Director Lance Harrell Information Technology Lara Zent Deputy Executive Director and General Counsel Pauline Word Legal Assistant Larry Bell Technical Assistance Director Raymond Curtis Wastewater Trainer Alex Eaves Wastewater Techncian Paul King Circuit Rider James Smith Circuit Rider William White Circuit Rider Celia Eaves Environmental Services Director Deborah McMullan Source Water Protection Specialist

Vacant Chris Boyd Michael Taylor

District 2 Aubrey (Dist. 3) Brownwood (Dist. 4)

Steven Mindt Technical Assistance and Training Specialist Refugio Rodriguez FMT Specialist Janice Gibbs, CPA Finance Director

Charles Beseda Kent Watson

Penelope (Dist. 8)

Pam Cantrell Administrative Assistant

Bryan (Dist. 10)

Angela Harris Administrative Assistant

Kevin Spence

Franklin (Dist. 11)

Michael Vollmar Professional Development and Training Director

Vickie Armstrong

Kaufman (Dist. 12)

Melody Bennett Administrative Assistant

Vacant

District 14

Len Klandrud Instructor George Patterson Instructor Dian Phinny Instructor

Established in 1969, the Texas Rural Water Association (TRWA) is a statewide nonprofit trade association with an active membership consisting of more than 750 nonprofit water supply corporations, special utility districts, municipal utility districts, small-town water departments, investor-owned utilities and individual members. In addition, more than 200 water industry suppliers participate in TRWA activities as associate members. TRWA members provide water and wastewater service to 2.5 million customers throughout Texas.

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

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Quality on Tap! - May/June 2014

CONTACT THE EDITOR Quality on Tap is a bimonthly publication of the Texas Rural Water Association. Your comments and opinions, as well as editorial and advertising inquiries, are welcomed and should be directed to the Editor, Allison Kaminsky, at (512) 4728591 or at editor@trwa.org.

Find TRWA on Facebook “Like� our Page and join the conversation at: www.facebook.com/TexasRuralWaterAssn

Follow TRWA on Twitter!

Find us at @TexasRuralWater for all water industry news and @TRWALegislative for legislative updates relevant to you!

Quality On Tap! 8

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Features:

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In Every Issue: President’s Message

4

Letter from the Executive Director

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Ask Larry

The TRWA Awards of Excellence program is designed to recognize outstanding employees of rural water systems across Texas.

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Answers to your legal questions

Advertiser Index

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Plan Ahead

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Can Mixing Systems Help Prevent Aging Surface Water?

By Erika Henderson, Pittsburg Tank & Tower Maintenance Research and tests are showing more effort than daily turnover and fluctuation of volume may be needed to effectively mix storage tank and improve water quality.

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Answers to your technical questions

Keep it Legal

Meet the Winners of the 2014 TRWA Awards of Excellence

Survey Allows Opinions on Water 16 Foundation Conservation to Flow

By Marushka Grogan & Caroline Hackett, Texas Rural Water Foundation Over 150 personnel at small and rural utilities participated in TRWF’s recent water conservation survey. Here is a snapshot of the results!

TRWA’s Calendar of Events

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Texas Rural Water Foundation’s 2014 Student & Operator/Manager Scholarship Recipient Profiles This year, the Awards and Scholarship Committee reviewed over 50 applications from highly qualified students and operators. Meet this year’s recipients!

24 ON THE COVER: San Marcos River Photo Credit: Caroline Hackett ©2014

TRWA Briefs Revised 2014 Sample Tariff Now Available; Register Today for the Training and Technical Conference; Participate in the 2014 Salary and Rate Survey; Keep an Eye out for the TRWF Ph2otoStream Photo Contest Quality on Tap! - May/June 2014

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President’s Message See You at Tech Conference I hope this letter finds you in greener pastures with full tanks and lots of water in the lake. If not, well, it’s time to pull out the drought plan and start informing your customers of what they can and cannot do.

“We are all rural water, and rural water folks need to stick together now more than ever.”

I think in Texas we should change the names of the seasons to something more appropriate that has meaning to rural folks. For example, summer time should be changed to “drought restrictions”; fall should be “no crop this year”; winter could be changed to “ain’t nothing gettin’ done”; and spring to “enjoy it while it lasts.” Or maybe we should have just two seasons—hot drought and cold drought.

Well, enough of my ramblings; the Training and Technical Conference is approaching, and I look forward to seeing many old friends there. This year’s agenda has lots of great topics, but remember that some of the best information you can get might be from someone sitting right beside you.

Don’t be afraid to ask other systems how they handle their operations, etc. And if your system is doing something great, please share it with others.

Our systems may not all be the same size in regards to numbers of meters, but we are all rural water, and rural water folks need to stick together now more than ever.

Look forward to seeing you in Galveston.

Keep Texas Rural!

Clay Hodges President Texas Rural Water Association

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Quality on Tap! - May/June 2014

Letter from the Executive Director Things Are Heating Up Welcome to summer 2014! As I write this, I just left the 3rd Circuit Court of Appeals courtroom in Austin, and something I heard from the attorney arguing for the state got me hot under the collar—even toward the end of what has been a very mild spring here in Central Texas.

TRWA Deputy Executive Director and General Counsel Lara Zent and I heard oral arguments in a case involving Crystal Clear Special Utility District—a case that could have repercussions for many other TRWA members. The case involves Senate Bill 573 from the 2011 Texas Legislature and how landowners can get their property removed from a utility’s service area—even if the utility is providing service in compliance with the Texas Water Code. We’ll talk more about the case in an upcoming issue of the magazine.

An attorney for the state opened his part of the argument by saying basically that water supply corporations were originally created to serve sparsely populated areas. Then he all but said that rural water systems had no business serving fast growing parts of the state!

Clearly, we still have a ways to go in our ongoing education efforts about all the ways rural water systems are providing for their communities’ current and future water needs. And I am more fired up than ever to tell the rural water story to more parts of the state! Please join us in our efforts, starting with doing the best you can to meet your systems’ growing needs, as I know you try to do every day.

Meanwhile, we are having lots of productive conversations with state and federal policymakers and agencies about all the things rural water can do together with them through this ongoing drought. We are participating in rulemaking proceedings at the Texas Commission on Environmental Quality, Texas Water Development Board and the Public Utility Commission of Texas—all to make sure they know the specific concerns and issues affecting TRWA members. We are building new relationships with those who will be implementing changes in the law and will be developing new technologies to help meet our water needs well into the future. And we are starting to talk about the issues that will be of concern to rural water and the water industry in general in the 2015 Texas Legislative session.

You can hear more about this at our upcoming conferences— especially the very popular TRWA Training and Technical Conference in Galveston on July 16-17, 2014. Meanwhile, please stay in touch with us and take advantage of all the resources TRWA has to offer, especially as things continue to heat up in our industry!

Let’s continue work together to Keep Texas Rural in the best of ways!

“We still have a ways to go in our ongoing education efforts about all the ways rural water systems are providing for their communities’ current and future water needs. ”

Fred Aus Executive Director Texas Rural Water Association Quality on Tap! - May/June 2014

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Quality on Tap! - May/June 2014

Quality on Tap! - May/June 2014

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Meet the Winners of the 2014 TRWA Awards of Excellence

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he Texas Rural Water Association Awards of Excellence program is designed to recognize outstanding managers, operators and secretary/office managers of rural water systems across Texas. This is TRWA’s way of honoring excellence, dedication and achievement in those who have gone above and beyond the call of duty.

Manager of the Year – Phil Taylor, Stephens Regional Special Utility District Phil Taylor began working at the Stephens Regional SUD in 1992 as an operator and has been with the system for over 21 years. He was promoted to General Manager after only one year, due to the attitude, determination and solid work ethic he demonstrated.

He has an excellent relationship with the district’s customers and makes every effort to resolve their complaints and issues in a courteous and thoughtful manner. His keen employee relations and “open door policy” have resulted in a near nonexistent turnover.

He encourages the employees to attend education and training seminars to obtain higher levels of achievements and licenses. He has often expressed how important it is to attend these meetings, not only for acquiring knowledge of new regulations and rules, but also for exchanging information with other attendees who have been met with similar problems or situations.

Taylor also keeps up with technology to improve efficiency and productivity of the system. For example, he has worked with the system’s board and engineer to select the best mapping programs and software, as well as handheld GPS systems that integrate with that software for mapping new and existing distribution lines, valves, meters, etc. With his recommendations, the district has also been able to obtain updated billing and accounting software that is more efficient for printing financial reports and generating graphs that are useful in determining rates, setting budgets, etc.

He is familiar and experienced in the legislative process and has testified on legislative matters at the state level, as well as communicating and delivering information and views for political action in Washington, DC. His long-range planning and 8

Quality on Tap! - May/June 2014

contract negotiations have seen system growth over the past 21 years, including the purchase of a neighboring distribution system, converting the system from a WSC to a SUD, and overseeing an extensive CCN amendment. He also researched and discussed funding sources and secured a $5.8 million loan through the Texas Water Development Board with 70 percent loan forgiveness for the water treatment facility and water distribution improvements to tie the plant in with the existing distribution system.

Taylor has a B.S. in Agri-Business from Tarleton State University and a class “C” water operator license. He was nominated by Danny Stephens, Board President of Stephens Regional SUD. Operator of the Year – Mike Garrison, Marilee SUD Garrison is a field supervisor and model employee at Marilee SUD. He has been employed in his current position for three years, and has over 15 years of experience in the water industry. Garrison holds a class “B” groundwater license and Customer Service Inspections license. He is a punctual, hardworking and dedicated employee who leads by example and respects his fellow employees.

Garrison has taken the system to a higher level with ideas on how to better manage water loss and control inventory waste. He is an expert at monitoring the telemetry and troubleshooting issues before they get out of control. He is also very thorough when researching new ways to save time and money. Thanks to him, the system’s pumping facilities now have variable frequency devices and the

telemetry has a more sophisticated alarm program.

Shortly after coming on board, Garrison was faced with a TCEQ sanitary inspection. The district passed with no violations, thanks in large part to Garrison’s efforts.

He was faced with another challenge shortly after coming to work; the system was approached by a smaller water system to take them over. It was a great deal: 500 meters, 4 pumping facilities and no debt; however, the pumping facilities needed SCADA equipment and the meters needed to be changed out and fitted with electronics. Garrison was hands on with the SCADA installation from day one and initiated an in-house meter change out program that has streamlined the electronic change over.

The board looks to him for recommendations and suggestions when it comes to long-range planning.

He has improved the system’s relationship with their customer base tenfold by meeting them personally in the field to help him get a better understanding of their concern or problem. He handles his responsibilities at work with finesse and confidence, and he gives 110 percent at whatever he does.

Garrison is a true leader and takes pride in his work.

He was nominated by Donna Loiselle, General Manager for Marilee SUD. Secretary/Office Manager of the Year-– Angie Crowsey, East Cedar Creek Fresh Water Supply District Angie Crowsey has been employed with East Cedar Creek FWSD for 14 years. She has moved through the ranks from Customer Service Representative to Billing Clerk, and for the last five years, she has functioned as the district’s Office Manager and Human Resources Manager. Her accuracy and attention to detail is impeccable.

She has developed standard operating procedures for all her department staff, which includes billing, bookkepping and customer service. Crowsey has been a very important team member in the development of their newest automated invoice cloud billing for customers to review and pay utility bills through the system’s website. She has that type of forward thinking and hindsight to motivate innovation. She is always thinking of ways to do routine tasks simpler. She also keeps the big picture in mind, where funds can remain in revenues instead of expenses.

She involves staff so they can claim ownership as well.

Crowsey’s computer knowledge is outstanding.

She is the go-to person when one of her staffers needs assistance, whether it be showing a shortcut to spreadsheet calculations or a software glitch. Many times she has been able to troubleshoot a problem with our server and resolve the problem before doors are opened to our customers.

Her customer relations are tested daily. Customer concerns are addressed routinely by phone and in person. Her composure is rarely faulted, and when it is she keeps her cool until after closure to the conversation.

Crowsey is constantly addressing employee/ board relations. During the normal work day she encourages her staff to become better employees to the district, as well as to our customers. Her working relationship with the board of directors is solid. Many times a board member will request information on an issue and normally she can extract and send the information within hours. On issues that may be something the General Manager may need to be abreast of, she never fails to keep him in the loop.

Angie was nominated by Bill Goheen, General Manager for East Cedar Creed FWSD.

Her attitude toward challenges is outstanding.

She accepts delegated tasks with enthusiasm and is not satisfied until the task is professionally completed. She has never failed to meet expectation.

Quality on Tap! - May/June 2014

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

Q:

Our district owns land adjacent to a privately owned piece of property that we are concerned a future landowner may purchase to pump and sell water to a local city or other entity. Can we buy the groundwater rights to that tract of land without buying the land itself? We are concerned that a future landowner will capture our groundwater adjacent to where our own well currently is located.

A: Yes, the district can buy the groundwater rights to property without buying the surface rights.

The groundwater estate can be severed from the surface estate and conveyed by the owner just like minerals, e.g., oil and gas. The severance would be handled as a real estate transaction as groundwater in place is a recognized property right in Texas.

The common law related to groundwater estate severances is not as well established as the law regarding mineral rights. Courts have held that the mineral owner is the “dominant estate,” entitled to use as much of the surface estate as reasonably necessary to be able to “enjoy” the rights of mineral ownership (including rights of access in, on and across the surface estate to explore, drill for and develop the minerals and use of groundwater).

This is not well established for groundwater estate severances, so it is very important that both your contract to purchase the groundwater rights and the deed conveying the groundwater estate to the district provide clear and express easements and/or surface use rights to facilitate the drilling and exploration of the groundwater, as well as its production and transport from the originating tract of land to the

place of use. This severance would be included in a negotiated contract. Due to the complicated nature of the transaction, it is important to hire an attorney to represent your interests in this type of deal.

Your negotiations should address what rights, if any, the landowner will retain to use any portion of the groundwater. For example, will the landowner still be allowed to drill and operate a domestic well for personal use on the property, to grow crops or use for oil and gas production from the property? It is also important to include specifically the right to impose sanitary control easements restricting the use of the surface within the 150-foot radius of the easement around the well head for any well you drill. You may also want to restrict the use of the surface within a certain proximity of any district water wells, including oil well drilling or fracking and other uses specified in 30 Texas Administrative Code Section 290.41. The agreement should include provisions specifying the number and location(s) of the wells you intend to drill, including any test wells and/or monitor wells. This would ensure your ability to drill wells on the property in the future even if you don’t anticipate utilizing those rights in this way at this time. Remember, however, that the more restrictions you place on the surface use, the greater the cost of the groundwater will likely be to the district.

In order to determine the value of these rights, I recommend you check with a real estate appraiser who is knowledgeable about groundwater valuation, as well as your local groundwater conservation district, if there is one in your area. Remember that your ability to produce the groundwater you purchase will be limited by any new permit requirements and any pumping limitations the local groundwater district might impose.

If your agreement to purchase groundwater is executed correctly and recorded in the county deed records, those groundwater rights will be perpetual, regardless of who owns the surface rights.

Edmond R. McCarthy, Jr., with the law firm Jackson, Sjoberg, McCarthy & Townsend, assisted with the editing of this response for the column. Mr. Continued on page 12

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Quality on Tap! - May/June 2014

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Continued from page 10

McCarthy will be writing a more detailed article on the subject in the next issue of Quality on Tap. Q: We are having a problem with theft of our manhole covers. This is happening repeatedly and these covers are very expensive and difficult to replace. Are there any measures we can take to prevent this theft?

A: Manhole covers are regulated material and scrap dealers are required to confirm whether the person presenting them for sale has proper authority to sell them. The scrap dealer should be obtaining personal information such as driver license numbers and license plate numbers. Some scrap metal dealers also take pictures of the individuals who sell covers. All of these steps should be a deterrent to theft as the sale becomes an official record.

If the manhole cover has your system’s name on it, most scrap metal dealers also will require a letter from the water system stating that person has authority to sell the cover and any other items listed in the letter, such as meters.

We are aware of several manhole thieves who have been caught and prosecuted in this way. Sometimes the culprit turns out to be a past employee of the system who is aware of the value of the manhole covers.

I suggest calling your local law enforcement authorities and reporting the thefts immediately and every time they occur. The police can investigate local scrap metal dealers’ records for recent sales.

Another suggestion to prevent the theft outright is to weld the manhole covers shut. This may be cumbersome to the system, but it can help deter theft because it requires a blowtorch to remove the cover, which attracts attention when someone is trying to steal manhole covers at night. Some systems use locks on their manhole covers, but these can be

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Quality on Tap! - May/June 2014

cost prohibitive for many systems, depending on the number of covers. Other systems also are exploring the use of non-metal covers, but I am not as familiar with these and am unsure of how well these polyfiber types would hold up over time.

Q: I received several questions from members recently about what plumbing ordinance and code their system has adopted, and whether the system conducts building inspections. These questions came after the Texas Commission on Environmental Quality (TCEQ) issued a questionnaire regarding cross-connection control programs to all public water systems.

A: Rural districts, water supply corporations, investor-owned utilities and cities with less than 5,000 population are not required to adopt any plumbing codes to enforce cross-connection prohibitions.

TCEQ’s rules at 30 Texas Administrative Code Section 290.46(i) allow a public water system to instead use a service agreement that prohibits crossconnections and unacceptable plumbing practices.

The USDA-RUS Service Application and Agreement 1780-9 contains this language and if your WSC uses that standard form, which also is in the TRWA sample tariff, then your WSC should be in compliance with the TCEQ rules.

Cities that conduct building inspections and issue permits also must check plumbing for compliance with the lead pipe prohibitions in TCEQ’s rules.

A system also must conduct a customer service inspection with any new construction (new tap for water service) or when the operator is informed of or sees modifications to the existing plumbing (new swimming pool, new irrigation system, new additions to an existing house, etc.).

If you have a technical question you would like answered, please e-mail Larry.Bell@trwa.org.

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Can Mixing Systems Help Prevent Aging Surface Water?

By Erika Henderson, Pittsburg Tank & Tower Maintenance Co.

I

n the past, many water operators thought daily turnover and fluctuation of volume was enough to mix the water in a storage tank. Today, research and tests are showing more effort may be needed to effectively mix storage tank water and improve water quality. Several water tank features can contribute to how effective water is mixed and the rate at which it ages.

A tank’s design, daily use and location in the system should all be considered when deciding the best action for improving water quality. Tanks with high height to diameter ratio, such as standpipes, are more susceptible to aging surface water because greater water variations can develop among the many layers. As the distance between surface and bottom water increases, more effort is required for the bottom layers to reach the distant top layers.

The same thing applies when inlet and outlet pipes are both placed in the bottom ring of a tank: the new incoming water is also the first to exit the tank while surface water is left to continue aging. However, if the inlet pipe is extended to allow over-the-top filling, then surface water can be pushed to the bottom and mixed with incoming water.

“Water quality is a significant concern to water distribution system managers. Disinfection byproduct (DBP) formation is largely dependent on reaction time, and it can continue for several days within the distribution system. At the same time, disinfectant residual must be maintained throughout the most remote components of the system to ensure pathogen-free water. Managing the residence time of water within storage tanks is one practice available to minimize water age within the distribution system. Water system managers and engineers should consider the need for circulation of water and residence time management within storage tanks during the design phase” (AWWA M42).

Although water quality and circulation are often discussed during the design phase, they are continuing concerns for water operators. Deaths and illnesses occur daily from unhealthy water, and water operators can lose their license to operate a water system if unhealthy water is found in their system.

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Quality on Tap! - May/June 2014

Great responsibility comes with being a water operator and many pride themselves on providing excellent water quality. A popular method for improving water quality is to install a mixing system.

Mixing systems can help prevent aging surface water that often leads to stratification, accumulation of disinfectant by-products, water quality loss and ice formation.

Stratification Stratification occurs when water has become separated into layers. Layers are arranged according to density, and density differences are created when variations of water temperature or pH exist.

The warmer, less dense, older water sits above the cooler, denser, new water coming in creating layers. The incoming water stays near the bottom and is also the first to exit the tank if an over-thetop fill has not been installed. The top layer of older water is left to age even further. As water ages, the quality deteriorates and bacterial growth increases.

The bacteria may not cause sample problems in the warmer months, but may show up when the older, surface water begins to cool and sink to the bottom in the cooler months.

Water temperature can be checked every five feet during an inspection to help determine whether stratification is a problem. If stratification is an issue, then a mixing system may be needed. Mixing systems should be designed according to the tank’s unique dimensions and needs. Most are designed

to take the denser, newer water from the bottom and mix it with the less dense, warmer surface water.

Mixing helps maintain consistent water temperatures and pH levels throughout the tank, thus preventing stratification. However, mixing must occur regularly to prevent reoccurring stratification, sample inconsistences and inaccurate disinfection treatment.

Disinfectant By-Products Disinfectant decay occurs when chemicals used for disinfection react with other organic materials, organisms and surfaces. These reactions create carcinogenic disinfectant by-products known as Trihalomethanes (TTHMs) and halo-acetic acids (HAAs). By-products are present in almost all chlorinated water supplies, but the key is keeping these levels as low as possible. Mixing systems can help keep these levels low by effectively blending all water with disinfectants increasing the contact time.

When disinfectant contact time is increased less chlorine concentration is needed and thus fewer byproducts are produced.

Ice Formation Most compounds become denser as they change from a liquid to a solid because the molecules become more tightly packed. But water is most dense at 39.2°F (4° C), and becomes less dense at lower temperatures causing ice to float. Water in a tank is the same, and according to the National Fire Protection Association, “the temperature of water tanks shall not be less than 40°F (4.4°C)” (25). When temperatures fall below freezing, ice can form on the surface. The ice will continue to expand and get thicker as the water temperature remains below freezing. Ice can cause serious damage to a tank: tank coatings are often damaged, pipes can become clogged, leaks and structural damage can result, and even tank failures have occurred from ice forming in water tanks.

“When a tank freezes, one or more of the following conditions usually results and cause leakage.

• •

•

•

Inside overflow or other piping breaks occur.

Ladders or other attachments to the container are pulled out by ice, making a hole at the point of attachment.

Ice pressure can expand and place hoop stress loads on the steel and seams, which may cause the tank wall to yield or burst.

Leaks due to corrosion become apparent” (AWWA M42).

Mixing systems can provide regular water circulation to help maintain a consistent water temperature above freezing and prevent the water from separating into layers where dangerous ice can form on the surface and sides of tanks.

Maintaining Water Quality All tanks should be regularly monitored for mixing efficiency, but tanks with low filling cycles, high volume, or those at the end of a water system should be monitored more often. These types of tanks may not only require mixing system upgrades, but may also require more frequent inspections and cleanings to maintain water quality and reduce aging surface water. Mixing systems can help prevent aging surface water, but they must be designed and installed properly to be effective. A reputable tank company with knowledge and experience in these types of upgrades should be contacted to perform the work.

For further information on water tanks and mixing systems please contact Don Johnston at 270-7481343 or djohnston@watertank.com.

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Foundation Survey Allows Opinions on Water Conservation to Flow

By Marushka Grogan and Caroline Hackett, Texas Rural Water Foundation

T

he conversation about water resource management and water conservation in Texas is heating up as temperatures rise and drought conditions persist across the state. The Texas Rural Water Association and the Texas Rural Water Foundation (TRWF or Foundation) believe that small and rural water utilities should also have a voice in this important discussion. You may have recently received emails asking for your participation in TRWF’s Water Conservation Survey. Survey questions were aimed at determining the extent to which water conservation programs are currently implemented by small and rural systems and the unique challenges facing these systems that make implementing such programs difficult. Participants answered questions about the methods they use to conserve water at their facilities and to encourage conservation by their customers.

We are excited to announce that our results represent input from over 150 personnel at small and rural water utilities across Texas. Not only were the results extremely helpful to the Foundation’s ongoing work to help mitigate the challenges facing rural Texas utilities, but the Foundation was also asked to include them in an upcoming report by the Texas Water Development Board’s Water Conservation Advisory Council. The following is a snapshot of the results from TRWF’s Water Conservation Survey: •

23 percent of respondents report that water conservation is a high priority at their systems

•

57 percent of participants report that water conservation is an equal priority with other system needs

•

91 percent of respondents say their systems have an adopted water conservation plan

•

32 percent of respondents budget for water conservation measures, many of whom specified that they dedicate less than 10 percent of their budgets to these efforts

•

70 percent of participants believe that water conservation by their customers is the most important type of water conservation for their

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Quality on Tap! - May/June 2014

systems, while 22 percent believe that supplyside conservation at their facilities is most essential •

71 percent of respondents believe that their customers waste the largest amount of water on outdoor irrigation, while 12 percent report that daily household uses waste the most water

The majority of survey participants report that their systems implement some type of water conservation measures, and a minority participates in direct outreach to their communities: •

58 percent implement conservation pricing and 37 percent use conservation marketing/ advertising

•

18 percent give educational presentations at schools and 16 percent present at community meetings

•

About half of respondents use promotional materials from water conservation campaigns, such as Water IQ and materials from the Texas Water Development Board, the Texas Commission for Environmental Quality or local river authorities and groundwater conservation districts

•

55 percent of respondents say someone on their staff has attended a water conservation event within the last two years

•

30 percent of respondents say their staff has completed a “bottom-up” water loss audit of their systems, which involves a thorough examination of both real and apparent losses in all system operations

The results of this survey reveal that the majority of rural and small utility personnel are aware of the importance of water conservation, particularly conservation by their customers. However, many systems lack access to the resources necessary to implement robust and effective water conservation programs: •

38 percent of survey participants report that the biggest barrier to implementing conservation

programs is a lack of personnel or time •

21 percent cite a lack of financial resources

•

14 percent cite a lack of training/information about conservation best management practices

Phone interviews with utility personnel reveal that most systems have some conservation components, but these are often limited to demand-side efforts requiring little personnel time and cost, such as providing informational pamphlets to customers.

Robust supply-side conservation measures, such as leak detection, meter replacement and “bottom-up” water loss audits, are sometimes beyond the reach of these systems. Respondents identify the following as the most difficult steps in the water conservation process (survey participants could select up to three options): •

59 percent of respondents say leak identification

•

39 percent cite ensuring meter accuracy

•

26 percent say enforcement against water wasters

•

23 percent identify enforcement against theft of service

•

52 percent of participants say encouraging water conservation among their customers is the most difficult step in water conservation

Most water conservation resources for water utility personnel are specific to the needs of urban or mid to large size utilities. Small and/or rural utility systems have different water use profiles and organizational structures than large systems, which necessitates approaches tailored to these characteristics.

For instance, leak detection and ensuring meter accuracy are particularly challenging for large rural utilities, which may be explained by the extensive distribution networks required to serve sparsely

populated rural areas and the limited manpower of understaffed utilities. Community outreach can also be difficult for small and rural water utilities, as water conservation programs from government, non-profit and private organizations are mostly tailored to the habits of a typical urban water user. Additionally, not all utility personnel believe that water conservation is beneficial; some survey respondents cite lost revenue and pressure from their governing boards to sell more water, especially under “take or pay” arrangements with water suppliers.

The Texas Rural Water Foundation understands these difficulties, and will work with utility staff to overcome such hurdles through our upcoming programs. TRWF believes that, as managers and stewards of Texas’ most precious natural resource, water utility staff should have a voice in the conversation about long-term water resource management in Texas. Utility personnel are wellpositioned to move water conservation behaviors forward throughout rural Texas, as they understand the specific water use habits within their communities and they are the recognized water experts within those communities. With tailored tools and training, rural and small water utilities can become the mouthpiece for responsible, long-term water management in rural Texas.

We thank all of our survey participants for your valuable input! Your responses will help us craft a water conservation program that is tailored to the habits, needs and values of rural water systems and their communities. If you would like to contribute your thoughts, please take the Water Conservation Survey through the link on our website, www.texasrwf.org, or send an email with your comments or questions to foundation@texasrwf.org.

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17

Keep It Legal

Answers to Members’ Questions by Lara Zent, TRWA General Counsel and Deputy Executive Director

Q:

As a water supply corporation, can we require members to get a permit for sprinklers and swimming pools?

A: I am not aware of any authority for a water supply corporation to require permits from its members before they can install sprinklers or pools.

A WSC does have authority though to restrict watering and filling pools as part of its drought contingency plan. Your drought contingency plan should clearly state at which stage this type of restriction will kick in. For example, the TRWA sample drought contingency plan restricts all outside water use, other than watering livestock, in stage II. Although “outside water use” can be read to include filling pools, I recommend that you be more specific in your policy if you have a lot of pools in your service area that are creating a water supply problem for your system.

Each affected customer must be mailed or delivered notice prior to the initiation of a new stage, as required by 30 Texas Administrative Code Section 291.93(2)(C). The notice must include: (1) the date water allocation will begin; (2) the expected duration; (3) the stage of water allocation to be employed; (4) penalty for violations of the water allocation program; and (5) affected area or areas. For a very restrictive stage prohibiting any outdoor water use, the TRWA model policy also recommends notice be placed in a local newspaper or announced on a local radio or television station.

A WSC may enforce water restrictions set forth in its drought contingency plan by following the penalty provisions set forth in the plan. For example, TRWA’s sample plan includes a progressive series of consequences for violation of the policy from notice for a first violation to penalties (fines) and termination of service for multiple violations.

TCEQ’s rules at 30 TAC Section 291.41(j), contain the following requirements in order for a WSC to institute penalties for failure to comply with the requirements of the WSC’s drought contingency plan: 1. the penalty is clearly stated in the tariff (note: 18

Quality on Tap! - May/June 2014

the drought contingency plan should be adopted as part of a WSC’s tariff); 2. the penalty is reasonable and does not exceed six (6) times the minimum monthly bill stated in the water supply corporation’s current tariff; and 3. the water supply corporation has deposited the penalty in a separate account dedicated to enhancing water supply for the benefit of all the water supply corporation’s customers.

Districts have broader authority to adopt rules with penalty provisions for noncompliance. This authority comes from Texas Water Code Section 49.004 for all water districts, Section 65.205 for special utility districts, Section 51.122 for water control and improvement districts, and Section 54.205 for municipal utility districts. Under this authority, a district could adopt a rule requiring a customer to obtain a permit to install a sprinkler or pool, or take a similar approach to that discussed above, which is to incorporate restrictions for filling pools as part of its drought contingency plan.

District rules must be published in order to be enforced, which must include an explanation of the penalty provision for violation. The rules must be published once a week for two consecutive weeks in one or more newspapers of general circulation in the district’s service area. The notice also must state that the rule is on file and available for inspection at the district’s office. A rule is effective and enforceable five days after the last publication of the notice and is recognized by the courts as if it were a penal ordinance of a city.

Q: Our board president unexpectedly resigned his officer position, but still remains on our board. His reasoning was that our board policy prevents him from voting on system business unless there is a tie among the other directors. Is this policy required by state law or can we change it? When does his resignation become effective so we can elect a new president?

A: The policy that a president can only vote in the event of a tie comes from Robert’s Rules of Order, which many water systems adopt. There is no statutory requirement to abide by Robert’s Rules, so your board may change its policy to this regard unless the requirement is also set forth in your bylaws. The USDA model bylaws do not include this type of provision.

The president may resign his office at any time, but the board may only take action to accept the resignation and elect a new president at a properly noticed and posted meeting. Once the board accepts his resignation as president, I recommend re-electing all the officer positions.

Q: An oil company recently broke one of our lines while drilling in our service area and leaked 90,000 gallons of water before repairing it. The company said they called Texas onecall before excavating, but we don’t participate in that notification service. The company also said they swept the area for any notification signs of utilities that needed to be contacted and didn’t find any signs regarding our lines.

We do not post signs, and brush and trees were growing over and covering the area over the line. We wrote a letter to the company detailing the cost of the lost water and damages in the amount of $4,230. They replied by letter stating

that they did not know who to contact once they broke the line, but re-notified the one-call center. They also stated that if we pursue our claim, they will counterclaim with the damages that they incurred repairing the damaged line.

They provided the labor and equipment to repair the line. They also claim that they incurred downtime and production loss costs as a result of our unmarked line.

What recourse do we have? Do you think we have a good case to recover the $4,230 from the oil company?

A. Based on the information you have provided, I don’t think you have a strong case to recover your damages. It is a utility’s responsibility to maintain their easements by keeping them clear of brush and debris, and to post signs either where the line is located or nearby so that other companies are aware that your lines are in the area and that they should contact you prior to any excavation activities.

Joining one of the on-call notification centers is also a good insurance policy against this type of damage and water loss. The oil company appears to have done their due diligence, and even incurred significant cost to remedy the situation when they were unable to contact you. My recommendation is that you not pursue the claim, but take this as a

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19

lesson learned and improve your system’s protocols on this issue.

may visit: http://www.rrc.state.tx.us/programs/ damageprevention/index.php.

Except in limited circumstances, Texas Utilities Code Section 251.151 requires all excavators to contact a one-call notification center two weeks to 48 hours before excavation is scheduled to begin, excluding Saturdays, Sundays and legal holidays.

For Saturday notifications, the excavator can begin excavating at noon on the following Tuesday.

Section 251.002 of this Code defines “excavate” as using explosives or motorized or mechanized equipment to dig, drill, plow, etc., any soil to a depth of 16 or more inches.

Clarification regarding Q & A from March/April 2014 column: It has come to my attention that a Q & A in my last column regarding meter sizes for RV parks may have been misconstrued. The recent legislation on this issue, House Bill 2152 and Senate Bill 1268, make clear that a district cannot determine a meter size for an RV park based on the number of RV units. The methodology must be based on the demand on the meter.

One-call notification centers are required to register with the Texas Pipeline Damage Prevention Program, a non-profit corporation within the Pipeline Safety Division of the Texas Railroad Commission.

The two centers currently listed on the Program website are Texas 811 and Lone Star 811. Utilities that contract to become members of one of these centers will receive notification when an excavator is working in the area the utility has designated for notification. These services also will mark lines before an excavation. For more information on the one-call system and these two centers, you

20

Quality on Tap! - May/June 2014

If you have a legal question you would like answered, please e-mail legal@trwa.org.

Quality on Tap! - May/June 2014

21

Texas Rural Water Foundation’s 2014 Student & Operator/Manager Scholarship Recipient Profiles

S

ince 1999, the Texas Rural Water Association has been awarding scholarships to assist qualified individuals in their pursuit of continued education in industries that will benefit rural Texas. In 2012, the TRWA student and operator scholarship programs were transferred to the Texas Rural Water Foundation (TRWF), and this year marks the second round of recipients of the scholarships under the new administration. The programs still offer the same great benefits, but now have expanded eligibility requirements to extend to a larger pool of outstanding and worthy individuals interested in promoting rural Texas.

This year, the Awards and Scholarship Committee reviewed over 50 applications from highly qualified students and operators. After careful consideration, the committee awarded three student scholarships and four operator scholarships. Student scholarships are awarded in two installments: $500 for the fall semester and $500 for the spring semester.

Operators are awarded up to $250 in scholarship funds to cover the cost of an approved TRWA operator certification course. Learn more about this year’s scholarship recipients below.

Student Scholarship Recipients Christina Bagley Christina graduated from Cayuga High School in Cayuga, Texas in May. During her tenure, she was very active in both academic and extracurricular activities, such as the University Interscholastic League (UIL), yearbook staff, cross country manager and photography. She was also on the A/B honor roll her freshman through junior years, and the A honor roll her senior year, and is very involved in church activities.

and one day becoming part of an organization that gives scholarships to underprivileged students who come from troubled homes.

“I want to inspire those who have no one to help push them,” says Christina.

Emilee Davis Emilee graduated from Alba-Golden High School in Mineola, Texas in May in the top 10 percent of her class. She was very heavily involved in her High School, as is evidenced by the myriad clubs and activities in which she not only participated, but assumed leadership roles. She was the Secretary of her school’s National Honors Society; served as Class Secretary, Vice President and President on the student council; competed on the varsity golf team; and served as the yearbook editor.

Emilee’s family struggles financially because of medical expenses incurred upon the diagnosis and subsequent treatment of her little sister’s leukemia.

This tragedy prompted Emilee to begin volunteering with the Children’s Medical Center of Dallas. She is inspired to devote her life to cancer research.

She intends to study international relations with an interest in global healthcare development. She ultimately would like to obtain her J.D. and be a representative of the American Cancer Society and a childhood cancer advocate.

Due to extenuating circumstances, Christina was raised by her grandmother from birth. Upon her grandmother’s passing in April 2013, Christina has been on her own and supporting herself solely as she finished high school. “She had to grow up quickly,” said Jackie Willingham, one of Christina’s teachers.

“I hope that my dedication and determination can reduce the pain that families, such as my own, experience when faced with cancer,” said Emilee.

Christina plans to start her undergraduate coursework this summer and has goals of becoming a dental hygienist. She wants to help shape children to have the best possible habits and to take care of their health. She has dreams of adopting children,

She has already begun her coursework at Tyler Junior College and

22

Quality on Tap! - May/June 2014

maintains a 4.0 GPA. In the fall she will attend Quinnipiac University Her major course of study will be in international relations. Emilee is daughter to Kevin Davis, operations manager for Ramey Water Supply.

Kathryn O’Bryan

Steve Caddell Steve Caddell is the Wastewater Treatment Plant Operator for the City of Spearman, Texas. Steve has his “D” wastewater license and intends to use his scholarship to attend a Wastewater Treatment Course for continuing education in his field.

Ray Salazar Ray Salazar is a meter reader for the City of Galena Park. He is pursuing his class “D” water license and intends to use his scholarship to take a Basic Water Works course.

Kennith Nunn

Kathryn graduated from Marion High School in McQueeny, Texas in May. She was academically very active, including being a member of the History Club, Science Club and National Honors Society, as well as participating in UIL informative and persuasive speaking programs. She was also a varsity athlete as a member of the school’s varsity cheerleading, track, volleyball and softball teams, and was a member and drum major in marching band and concert band.

Though she always thought she would become a teacher like both of her parents, after Kathryn attended a NASA High School Aerospace Scholars Program at Johnson Space Center, she set on another course. The program included a semester of coursework, as well as a week-long learning experience at USC, and her interests expanded to environmental engineering.

Kathryn plans to attend Texas Tech University and ultimately plans to obtain a master’s degree in environmental engineering. She would like to study wind energy and water resources and purification.

Operator/Manager Scholarship Recipients Joshua Patton Joshua Patton is the field operator for Woden WSC. He has his class “D” water license and plans to use his scholarship to attend a Chlorinator Maintenance course for continuing education in his field.

Kennitth Nunn is an Operator for Two Way Special Utility District in Whitesboro, Texas. Kennith is pursuing his class “C” water license and plans to use his scholarship to attend a Groundwater Production class.

Congratulations to all 2014 scholarship recipients!

We encourage those of you who applied and did not receive a scholarship to reapply next year.

We appreciate those of you who contribute to the Foundation’s scholarship fund to make these programs possible. The Awards and Scholarship Committee will be accepting applications for the 2015 Student and Operator Scholarships in December.

Check back for more information at www.trwa.org and keep an eye out in the mail for your application packet.

Quality on Tap! - May/June 2014

23

TRWA Briefs Revised 2014 Sample Tariff Now Available The 2014 version of the TRWA sample tariff now is available for purchase in the online TRWA Store.

This version incorporates new laws and regulations as well as industry changes to help water supply corporations improve their policies. TRWA last revised the sample tariff in 2011.

Some major changes and additions include: • Revised policies and forms for violations of water use restrictions in drought contingency plans • New Non-Standard Service Application and revised Section F Non-Standard Service provisions to further streamline the application process for developers with subdivided property • New two-page form Notice of Prohibition to Multiple Connections to a Single Tap, including TCEQ regulatory guidance document • Revised Request for Service Discontinuance form • New Release of Easement form • New Notice of Rate Increase form The 2014 sample tariff includes templates for every facet of utility service, from service rules and rates to wastewater billing and fireflow agreements.

The tariff is published on a CD so members can personalize and customize it. The cost is $135. To purchase your tariff today, visit the online TRWA Store at www.trwa.org or call us at 512-472-8591.

Register Today for the Training & Technical Conference Don’t miss your opportunity to register for the 2014 TRWA Training and Technical Conference, slated for July 16-17 in Galveston. This conference is the top training event for rural water/wastewater system directors, managers, operators and office staff. With a wide range of topics, anyone interested in the issues facing rural water can find sessions to suit their needs.

Before the conference commences, Operator training, including Customer Service Inspections, Water Utility Safety and Water Utility Management, as well as Public Funds Investment Act training will be made available at the Hilton Hotel beginning Monday, July 14 for those interested in earning extra continuing education credits. Operator training 24

Quality on Tap! - May/June 2014

courses range from 16 to 20 hours each, and Public Funds Investment Act initial and renewal courses range from four to six hours. These sessions all require separate registration.

Also before the conference is the AIA Insurance Agency/TRWA-sponsored golf tournament on Tuesday, July 15 at the Galveston Country Club.

Preregistration for this event is required. All proceeds from the tournament benefit the Texas Rural Water Political Action Committee.

The conference itself begins on Wednesday, July 17 and offers a wide range of courses. Technical topics include sessions on leak detection, crossconnection control and backflow prevention, TCEQ inspections, innovative water technologies, and more! Managerial topics, such as generation gaps in the workplace, social media, operating records and reports, and compliance will also be covered. Keep your eye out for the full agenda, which will be posted on our website and mailed to each TRWA member system early this summer.

Make arrangements to attend the Training and Technical Conference by June 20 to get the early bird rate and save on registration! Please note that TRWA no longer handles hotel reservations and attendees must contact the hotels directly to book your room.

To make room accommodations, you may contact the San Luis Hotel or the Hilton Galveston Hotel.

The San Luis has been offering a special discounted rate for TRWA conference attendees; however, this room block is currently full. Please check back with your hotel before the early bird deadline to check for cancellations. As of printing of this article, the Hilton Galveston Hotel still has rooms at the TRWA discounted rate. Be sure to mention the Texas Rural Water Association to ensure you get the discounted rate if rooms are available.

More details about this event can be found at www.trwa.org. Contact TRWA at 512-472-859 if you have any questions.

Participate in the 2014 Salary and Rate Survey We have been working hard to develop a new TRWA Salary and Rate Study Survey for 2014!

We have listened to feedback from members and have improved the survey to include more focused questions on wastewater services. Keep an eye out for the survey in your mailbox early this summer.

This survey is only as good as the information that goes into it, so we need your participation to make

this a useful tool. The more responses we receive, the greater confidence we have in the accuracy and relevance of the results, translating into a more useful tool for your system. All responses will be confidential and survey responses will be destroyed after we have registered the results. As a token of our appreciation, we are offering one complimentary copy of the Salary Survey Report and Rate Study Analysis to each participating system. Thats a $200 value!

Please respond to the survey by August 15, 2014 to ensure your data is included in the report. If you have questions about the survey, please contact TRWA Communications Director Allison Kaminsky at Allison.Kaminsky@trwa.org or at 512-472-8591.

Keep an Eye Out for the TRWF Ph2otoStream Photo Contest

Picture This: Start framing your shots now, because come September, the Texas Rural Water Foundation wants to see rural Texas water through your eyes. The Foundation is launching its Ph2otoStream Photo Contest in September 2014, with a call for entries in multiple categories including: • •

Rural Texas Water (general category) Water Conservation and Drought – images of

• •

•

conservation measures and drought impacts Water Infrastructure – show us the technology that drives water utilities Veterans in the Water Utility Industry – portraits of the veterans who now serve their country through water Pioneers of TX Water – portraits of those who have helped shape the history of Texas water

Keep your eye out for more information throughout the summer. For those of you who want to participate but prefer to be on the smiling end of a shot, there are still opportunities to sponsor prizes. If interested, please contact the Foundation Development Team at 512-472-8591.

Daniel & Brown Inc. Engineers &

Consultants 972.784.7777 —————————— www.dbiconsultants.com

Quality on Tap! - May/June 2014

25

Advertiser Index

Classified Ad

General Manager Wanted Kingsland Water Supply Corporation

Kingsland Water Supply is seeking a qualified individual with proven leadership ability, as well as required state certification, to become the next General Manager. The General Manager will lead in planning, setting and maintaining capital operating budgets, plant operations, field operations and administrative staff.

Qualified individuals must have outstanding references, a minimum of a high school diploma or equivalent, a bachelor’s degree is a plus and a current Class “A� Water License.

Individuals must have a minimum of five years’ experience working with surface and ground water production and distribution, as well as five years of proven leadership and supervising personnel.

Please Contact: (325) 388-6611 Please send rĂŠsumĂŠ and salary requirements by fax to (325) 388-6135 or e-mail to kwscmail@kingslandwater.org.

AIA Insurance Agency.......................................... Page 7 American Flow Control ................................................ 11 Capps Insurance Agency .............................................21 Childress Engineers .......................................................9 Chlorinators Incorporated ...........................................17 CoBank .......................................................................... 11 Daniel & Brown, Inc. .....................................................25 DN Tanks .......................................................................21 DSA Coatings ................................................................19 Dunham Engineering ...................................................10 Environmental Improvements .....................................20 Hayes Engineering .......................................................21 J.F. Fontaine & Assoc., Inc...........................................12 Jim Cox Sales, Inc ........................................................13 Kingsland WSC Classified Ad .....................................26 KSA Engineers ..............................................................17 Maguire Iron ..................................................................21 Pittsburg Tank & Tower Maintenance Co., Inc ...........15 RG3 Meters................................................................6, 25 Russell Drilling Co., Inc. ..............................................12 Tank Connection........................................................... 11 Texas Rural Water Foundation ....................................26 TraC-N-Trol, Inc. ............................................................21 USA Bluebook ............................................... Back Cover Velvin and Weeks .........................................................20

Resourceful

Be ! n a r e t e V a e r i H

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+HOS WKHP FRQWLQXH WR VHUYH Contact the Texas Rural Water Foundation Veteran Employment Program: 1616 Rio Grande Austin, TX 78701 XXX UFYBTSXG PSH t GPVOEBUJPO!UFYBTSXG PSH t

Plan Ahead CONFERENCES: July 16-17, 2014 Training & Technical Conference, Galveston Island Convention Center, San Luis Hotel & Hilton

October 15-16, 2014 Fall Management Conference; Water Districts Conference; Omni Colonnade Hotel, San Antonio

November 5-6, 2014 Fall Management Conference, Hilton Dallas Rockwall Lakefront, Dallas

OPERATOR TRAINING COURSES: Water Credit Courses Basic Water Works Operations: Midlothian, July 29-31  San Antonio, August 26-28 Groundwater Production: San Antonio, July 8-10  Surface Water Production 1: San Antonio, August 5-7 Surface Water Production 2: Mt. Vernon, September 16-18 Water Distribution: September 9-11 Water Technology: San Antonio, July 28-August 1 Water Utility Management: Galveston, July 14-16 Water Utility Safety: Galveston, July 14-16  Mesquite, September 9-11  San Antonio, October 7-9

Water and Wastewater Credit Courses Chlorinator Maintenance: Gainesville, June 24-26 Customer Service Inspections: Kingwood, July 7-9  Galveston, July 14-15 Valve and Hydrant Maintenance: Brownwood, July 22-24  Mesquite, October 14-16

Wastewater Credit Courses Basic Wastewater: San Antonio, October 14-16 Wastewater Collections: Mesquite, July 8-10  San Antonio, September 16-18 Wastewater Technology: San Antonio, August 11-15 Wastewater Treatment: San Antonio, July 22-24

Public Funds Investment Act Training Initial 6-Hour Training: Galveston, July 15 Renewal 4-Hour Training: Galveston, July 16

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