Potential threats to Texas’ water created by the Trans Texas Corridor are very serious.

Water pipelines are in the plan.

The Trans-Texas Corridor Plan acknowledges that existing water pipelines are irregularly placed around the state, cover short distances and carry relatively small volumes. The 'plan' says that water pipelines will facilitate the transfer of "water over long distances." The 'plan' notes the local and regional water authorities who control existing systems as one point among their 'challenges.'  [plan]

"We think eventually in Texas water distribution will be a critical component of the future as our population increases." — Commissioner Robert Nichols, Texas Transportation Commission (August 20, 2003) [citation] [full text]

Questions about local regulation.

It appears that water wells placed on the Trans-Texas Corridor (state land) are not presently subject to any local control or regulation. HB-3588 allows TxDOT to lease land along the Corridor for any commercial or industrial purpose, that could include water mining? If so, such enterprises apparently will not be subject to regulation by ground water conservation districts.

"Property may be leased or a franchise or license granted for any purpose, including use as a facility and use for unrelated commercial, industrial, or agricultural purposes." [Sec. 227.082(d)]

Some of our worst fears have just been reinforced by a Senate Subcommittee Report.

The Trans Texas Corridor plan includes pipelines described as being used to transfer water over long distances. Where will that water come from? Where will it go? We fear that it may be pumped directly from the Corridor itself.

The 4,000 miles of Trans Texas Corridor will cut through approximately 118 counties covering every region of Texas. Of course all 580,000 acres of the Corridor will become state owned land. Under provisions of law adopted by HB3588 Corridor land may be leased for any commercial, industrial or agricultural purpose. Nothing precludes leasing land for water mining or selling water rights. Under the rule of capture, the acreage isn’t as important as the location of the potential wells.

Are water wells on the Trans Texas Corridor exempt from local water conservation district regulations? We fear that they are exempt and not subject to local regulation.

Can our water be exported to Mexico, maybe in exchange for oil and gas?

Would water exported to Mexico be used to produce agricultural products that would flow back across the boarder to directly compete with Texas producers? We fear that it will.

The Senate Subcommittee on the Lease of State Water Rights Interim Report to the Senate Select Committee on Water Policy (78th Interim) issued November 3, 2004 reinforces our concerns.

Here are two very important excerpts from the report:

“Groundwater districts are created to manage the groundwater in an area through rules developed, adopted and promulgated by the district and, therefore, must treat all users of water originating from within the district equally. Current law is not clear as to whether buyers or lessees of Permanent School Fund and Permanent University Fund lands are bound by the rules of a groundwater conservation district. Exempting buyers or lessees of groundwater from Permanent School Fund and Permanent University Fund lands from district regulations could easily undermine a district’s ability to manage the aquifer or portion of an aquifer for which it is responsible.”

 “Although this interim charge specifically requested the Subcommittee "study proposals to lease Permanent School Fund and Permanent University Fund lands and their water rights for the purposes of developing and marketing water," other state agencies own land that could also be leased for the purpose of developing and marketing water. In order for the legislature to gain a full understanding of the abilities of other state agencies to lease groundwater, this issue should continue to be studied.”

Another of the recommendations made to the Legislature in the report is that “Groundwater produced from state-owned lands should be reserved for in-state use.” They find that, “Maintaining Texas' water supply is critical to ensure current and future viability of the state.”

Of course we agree. By making this recommendation however, we conclude that the Subcommittee could not find any current prohibition of exporting Texas’ water. Accordingly it appears that Texas water can indeed be exported to Mexico.

The complete report can be found on the Internet at: http://www.senate.state.tx.us/75r/Senate/commit/c755/downloads/LSWR2004.pdf