© 2014

Groundwater DesalinationMolly Cagle

SB 1 - 1997

 Groundwater regulation is best accomplished through local or regional districts that operate in keeping with suitable statewide criteria, consistent with local political considerations. The state encourages the formation and operation of groundwater conservation districts to address significant groundwater quantity or quality problems. 

History of GCDs

High Plains Underground Water Conservation District No. 1

40 GCDs formed

Senate Bill 1

99 GCDs (and counting)

1951 1997

2014

January 2014

Raw Water Supply

ConcentrateDisposal

WaterDistribution

Cooling Water

TreatmentProcess

GroundWater

ENERGY

Water and Energy

Courtesy of GBRA Integrated Water & Power Project

Energy Penalty of Treatment

Courtesy of Mike Nasi, Jackson Walker LLP

Courtesy of Mike Nasi, Jackson Walker LLP

Electricity Demands by Sector

Courtesy of Mike Nasi, Jackson Walker LLP

If the Cloud Were A Country . . .

Courtesy of Mike Nasi, Jackson Walker LLP

In Terms We Can All Understand

Courtesy of Mike Nasi, Jackson Walker LLP

Projected Water Needs in Texas

Source: TWDB 2012 State Water Plan

Consider All Options

Comparing Water Management Strategies

Source: Poseidon Water

Advantages of Desal

Reliable, drought-proof, clean and safe source of water

Competitively priced in areas lacking sufficient local fresh water supply

Limited incremental land needs, unlike other alternative water sources

Alleviates natural tension between various constituencies competing for a dwindling water supply

Ample opportunities for Public-Private Partnerships with water agencies

Courtesy of Poseidon Water

Challenges of Desal

Difficulty obtaining permits Difficulty protecting water rights Difficulty developing new supplies Discrepancy of location of supply v. demand Endangered Species Costs Public perception and controversy Litigation

Courtesy of GBRA

A Challenge for Desal: FPL Farming

FPL Farming v. Environmental Processing Systems 1996: EPS receives UIC permit

FPL settled w/EPS instead of contested case 1999: EPS applies for increased injection rate

amendment FPL challenges in contested case ALJ issues PFD: waste plume will migrate 3,021 ft in 10

years…but no harm shown FPL appeals, affirmed by district and appeals courts Courts left open question of damages if plume appears

below FPL's property

FPL Farming

FPL files tort lawsuit Trespass Nuisance Unjust enrichment TX Supreme Court holds EPS's UIC permit does not

insulate EPS from potential tort liability. Case remanded, but expressly did not resolve whether

subsurface wastewater migration can be a trespass

Remand to appeals court for merits

FPL Farming

Appeals court Wastewater migration can be actionable trespass

But burden of proof was in error; EPS must prove consent as affirmative defense

REMANDED for new trial EPS appeals remand to TX Supreme Court

Oral arguments held January 7, 2014 Amicus briefs filed

Issues Consent (smaller issue) Trespass

FPL Farming

Implications of FPL Farming Does the "right to exclude" apply to subsurface

trespass? Need to prove harm? Permitting scheme Property rights in groundwater

Is brackish/briny water different? Consequences for Class I waste disposal wells Consequences for Class II saltwater injection wells Consequences for groundwater desal?

How many people use desal?

12,500 desal plants worldwide, 120 countries 4 billion gallons per day

Where is desal? Middle East - 60% of worldwide capacity

Desal is >70% of regional water supply United States - 250 plants

California Florida Texas

Australia, Singapore, UK, Spain, Caribbean nations

Source: TWDB; USGS

Conservation is Not Enough

"Seawater and brackish groundwater desalination are one of many tools in the State’s long-term water supply toolbox." Texas Water Development Board

"Sure, we're trying to conserve, but we've got to do even more with less, and conservation's not enough. It's time to bring new technology to the water's edge and turn previously unusable resources into some crystal-clear solutions." Texas Water Report: Going Deeper for the Solution

(Texas Comptroller, 2014)