Water Issues Every Broker of Rural Land Should Know October 22, 2015.
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Transcript of Water Issues Every Broker of Rural Land Should Know October 22, 2015.
![Page 1: Water Issues Every Broker of Rural Land Should Know October 22, 2015.](https://reader034.fdocuments.net/reader034/viewer/2022052702/5697bff21a28abf838cbbd99/html5/thumbnails/1.jpg)
Water Issues Every Broker of
Rural Land Should Know
October 22, 2015
![Page 2: Water Issues Every Broker of Rural Land Should Know October 22, 2015.](https://reader034.fdocuments.net/reader034/viewer/2022052702/5697bff21a28abf838cbbd99/html5/thumbnails/2.jpg)
Topics
• Water availability on rural land• Groundwater • Surface water
– Domestic and Livestock exemption for surface water use
– Navigable streams in Texas
• Severing water rights• Leasing water rights
![Page 3: Water Issues Every Broker of Rural Land Should Know October 22, 2015.](https://reader034.fdocuments.net/reader034/viewer/2022052702/5697bff21a28abf838cbbd99/html5/thumbnails/3.jpg)
Water Availability on Rural Land
• Identify client’s needs and expectations
![Page 4: Water Issues Every Broker of Rural Land Should Know October 22, 2015.](https://reader034.fdocuments.net/reader034/viewer/2022052702/5697bff21a28abf838cbbd99/html5/thumbnails/4.jpg)
Water Availability on Rural Land
• Groundwater• Surface water• Service by a water supply corporation
North Texas Municipal Water District
![Page 5: Water Issues Every Broker of Rural Land Should Know October 22, 2015.](https://reader034.fdocuments.net/reader034/viewer/2022052702/5697bff21a28abf838cbbd99/html5/thumbnails/5.jpg)
Groundwater
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Groundwater Regulation
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Surface Water
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Domestic and Livestock Use
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Impoundment
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Navigable Waters in Texas
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Two Tests
Navigable in Fact – criteria evaluated include passage by boats, use in commerce, transport of logs etc.
Navigable by Statute - a stream that retains an average width of 30 feet from the mouth up
Texas Nat. Res. Code §21.001
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Waters of the US
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Exclusion for Farm and Ranch Operations
No permit required (under Section 402) for the discharges consisting entirely of agricultural irrigation return flows
CWA § 1342(l)(1) & 33 C.F.R. § 122.3(f)
No permit required for agricultural stormwater discharges
33 C.F.R. §122.3(e) No Dredge and Fill permit required for
normal agricultural, silvicultural, and ranching operations
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Waters of the US
• Current Status - Stayed: – several State Courts– 6th Circuit Court of Appeals (even though it is
unclear whether that Court had jurisdiction)
• In flux. Expect continuing litigation • If upheld – most rural landowners are
protected by pre-existing exemptions from coverage
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Recap
• Navigable waters: – Texas terminology– Relates to whether you can construct a dam
across your stream and impound water
• Waters of the US:– EPA /Corps of Engineers terminology– Relates to discharges of pollutants into water
(including silt)– Likely to not affect non-commercial farms
and ranches
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Risk Management
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Risk Management
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Severing Water Rights
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Leasing Water Rights
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