Water Supply Planning Opportunities: Exempt Interbasin Transfers

The end (mostly) of the most recent drought in Texas presents opportunities for water utilities to take stock of their current supplies and their ability to lawfully and most efficiently use those supplies within their current and future service areas, all in light of their existing and projected water supply needs. Our recent drought is an important reminder that there remain many water supply challenges across our state that simply cannot be solved by a rainy season or a wet year.

In evaluating a utility's lawful rights to use water, one issue that is often the subject of confusion is the geographic service area limit that may be imposed in either a state-issued surface water right or a groundwater conservation district's production permit. While "place of use" limitations are not always included in water rights authorizations, when they are applicable it is important for utilities to understand such limitations and comply with them. One significant constraint