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Sunday, May 29, 2011

Rainwater harvesting bill heads to governor for signature


Rainwater harvesting will now be officially recognized and promoted by the State of Texas as a "desirable and sustainable water resource" – at least it will be after the governor signs the legislation.


Note: A hat tip goes to State Rep. Doug Miller (R) from neighboring Comal County/New Braunfels, for his rainwater harvesting bill – a true milestone for the state. Miller is serving his first term in the House. Five bills he has authored have passed the lege and been sent to the governor. Among them is HB 3866, requiring elections of directors of the Hill Country Underground Water Conservation District be held in even-numbered years on the uniform election date in November rather than in May.

HB 3391 has passed the Legislature. Three days ago it was sent to the governor.

From the bill analysis, author's statement of intent: "The use of harvested rainwater is typically restricted to nonpotable purposes such as landscape irrigation, laundry, and toilet flushing. Interested parties note that, with Texas facing limited water resources, it is critical that both potable and nonpotable harvested rainwater be recognized as a desirable and sustainable water resource. The parties see a need to promote the use of rainwater harvesting for both potable and nonpotable purposes at public and private facilities in Texas in order to acknowledge the viability, sustainability, and conservation of this natural resource. H.B. 3391 seeks to address these concerns.

" . . . Requires TWDB, if the 82nd Legislature makes an appropriation to TWDB to provide matching grants to political subdivisions of this state for rainwater harvesting demonstration projects, not later than December 1, 2012 . . ."

Amendments (pdf/word download) made in the Senate, the biggest being that anyone wanting to connect their rainwater system to a water utility system must first get permission from the utility.

10 comments:

Anonymous said...

The amendment is a good one to protect us from some dufuss that thinks he knows what he is doing contaminating everyone's potable water supply. Many people that push rainwater harvesting are silly dreamers with no real knowledge of the science of a water supply.

Anonymous said...

Until you remove HOAs out of the loop of deciding whether or not you can install RW collection on your own home, little will change.

Barbara said...

HB 3391 (D. Miller, New Braunfels) also states that financial institutions may consider making loans to developments that use only rainwater collection for their water supply.

Companion bills HB 3372 (D.Miller) and SB 1073 (Jackson) say that rainwater collection systems may be used in connection with a public water supply if cross-connection safeguards are implemented to avoid cross-contamination. These bills, too, have passed both houses and been sent to the governor for signature.

Anonymous said...

Using rainwater for irrigation, flushing and washing clothes is a great idea to save ground and surface water resources. If people that ignore the obvious and plant water hungry landscapes would do it for irrigation we would have our groundwater shortage turned around in quick order. This would allow for the planned development in our area without the excessive drain on our natural resources.

Rainwater harvesting does have its limitations, the main one being lack of rain like we have right now. Ask any water trucking company how many requests for water delivery they are getting from rainwater harvesters. Converting over to exclusive use of rainwater in the home is almost never a complete success. Many that have converted, or say they have, will not tell you the pitfalls.

To be able to drink rainwater, you have to install a very expensive filtering and sterilization system and loads of plumbing. The filth and germs that collect on your roof and grow in your storage tanks can make you sick and even kill you. Combining rainwater and municipal or well water systems is quite complicated and risky.

Hays County Citizen #1 said...

Who inspects the cross connects in a County with no requirements for building permits; and worse a populace who thinks that they don't need one?

Barbara said...

In 2003 HB 645 (Puente) became law. It amended prior legislation by saying that certain measures to conserve water could not be outlawed by POAs. Among the practices which were to be allowed were rainwater harvesting and composting (including leaving cut grass on lawns).

However, a POA is allowed to demand screening for rainwater collection barrels and for compost
piles.

Anonymous said...

Barbara,
Like most "POA" laws, the "law" has been compromised by the trade groups who profit from litigation and threats of litigation in these subdivisions - namely the HOA management companies and the HOA attorneys who are assisted by gullible or egomaniacal HOA board members.

Property Code §202.007 is the relevant statute. The statute expressly provides that the HOA can regulate:
"... size, type, shielding, and materials, for or the location of a composting device, rain barrel, rain harvesting device, or any other appurtenance..."

That's a lot of "regulation" by a private entity that is not a government and has no ownership interest in your property. Enabling an HOA corporation to dictate size, type, materials, and location does not "remove" HOAs from the loop - it is enabling unaccountable individuals to have considerable authority over your property.

As for shielding, some places claim that the storage tank must match the house - i.e., a stone veneer shield.

Finally, the way some folks on an HOA board discourage things is to impose a "fee" for the Architectural Committee to "consider" the request.

As to your "rights"... there is little remedy under the Property Code for the aggrieved homeowner. At present, the homeowner cannot get their attorney fees if defending against an "active" HOA.

If you want to change that, then make the statute reflect public policy. HOA cannot get attorney fees from homeowner, win or lose.

Anonymous said...

I love the word "harvesting."

I think it applies perfectly to the politicians.

For the Republicans, how about:

1) Midddle class pocketbook
"harvesting"

2) Tax leniency for the
rich "harvesting."

3) Corporate donation "harvesting"

4) Senior citizen
pension "harvesting"

For Obama it':

"Wanna be a white guy 'harvesting'"

For Rich Perry it's:

"Wanna be a cowboy 'harvesting'"

Anonymous said...

Anon 6:05, the filtration/sanitization system doesn't have to be that expensive. Slightly more so than that on my well. As for the filth and germs on my roof, that's what the initial flush part of the system is for. Things growing in your tank, prevent light, you prevent growth.

Anonymous said...

"Things growing in your tank, prevent light, you prevent growth." WRONG!

Bacteria can and do grow without light, genius. Algae need light, bacteria don't; in fact several types (anaerobic) don't even need oxygen. It is junk science like what you quote that is part of the problem with rainwater harvesting. Go back to school and quit listening to the amateur biologists and chemists that have migrated over from the health food industry. Chanting doesn't work to make water safe either.