1. Water Issues Every Broker of Rural Land Should Know October 22, 2015

2. 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

3. Water Availability on Rural Land Identify client’s needs and expectations

4. Water Availability on Rural Land Groundwater Surface water Service by a water supply corporation North Texas Municipal Water District

5. Groundwater 5

6. Groundwater Regulation 6

7. Surface Water 7

8. Domestic and Livestock Use 8

9. Impoundment 9

10. Navigable Waters in Texas 10

11. 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 11

12. Waters of the US 12

13. 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

14. Waters of the US Current Status - Stayed: –several State Courts –6 th 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 14

15. 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 15

16. Risk Management 16

17. Risk Management 17

18. Severing Water Rights 18

19. Leasing Water Rights 19

20. 20 Stay informed and connected… B&G on Social Media Like us on Facebook www.facebook.com/BraunGresham Follow us on Twitter www.twitter.com/BraunGreshamLaw Find us on LinkedIn www.linkedin.com/company/braun-&-gresham-pllc

21. Stay informed and connected… Join the: 21 Stay informed on issues affecting landowners and their land. This free e-mail service comes out once every two weeks and gives subscribers exclusive access to alerts on transmission lines, announcements about important changes in the law, and upcoming educational seminars. Anyone interested in land will benefit from a subscription.

22. Margaret Menicucci 512-894-5426 mmenicucci@braungresham.com www.braungresham.com