Recent droughts and heat waves have revealed the vulnerability of some power plants to effects from higher temperature intake water for cooling. In this evaluation, we develop a methodology for predicting whether power plants are at risk of violating thermal pollution limits. We begin by developing a regression model of average monthly intake temperatures for open loop and recirculating cooling pond systems. We then integrate that information into a thermodynamic model of energy flows within each power plant to determine the change in cooling water temperature that occurs at each plant and the relationship of that water temperature to other plants in the river system. We use these models together with climate change models to estimate the monthly effluent temperature at twenty-six power plants in the Upper Mississippi River Basin and Texas between 2015 and 2035 to predict which ones are at risk of reaching thermal pollution limits. The intake model shows that two plants could face elevated intake temperatures between 2015 and 2035 compared to the 2010–2013 baseline. In general, a rise in ambient cooling water temperature of 1 °C could cause a drop in power output of 0.15%–0.5%. The energy balance shows that twelve plants might exceed state summer effluent limits

Hydraulic fracturing—the injection of pressurized fluid, often water, to increase recovery of oil or gas—has become increasingly popular in combination with horizontal drilling. Hydraulic fracturing improves production from a well, but requires a significant amount of water to do so and could put pressure on existing water resources, especially in water-stressed areas. To supply water needs, some water rights holders sell or lease their water resources to oil and gas producers in an informal water market. These transactions enable the opportunity for cross-sectoral investments, by which the energy sector either directly or indirectly provides the capital for water efficiency improvements in the agricultural sector as a mechanism to increase water availability for other purposes, including oil and gas production. In this analysis, we employ an original water and cost model to evaluate the water market in Texas and the potential for cross-sectoral collaboration on water efficiency improvements through a case study of the Lower Rio Grande Valley in Texas. We find that, if irrigation efficiency management practices were fully implemented, between 420 and 800 million m³ of water could be spared per year over a ten year period, potentially enabling freshwater use in oil and gas production for up to 26,000 wells, while maintaining agricultural productivity and possibly improving water flows to the ecosystem.

Hydraulic fracturing, the injection of a pressurized fluid mixture of mostly water, sand and a small amount of chemicals (frac fluids), increases extraction rates and recovery of oil or gas. The technique has become increasingly popular when used in combination with horizontal drilling, especially in Texas shale formations. Hydraulic fracturing often requires thousands of cubic meters of water per well. Access to water might be challenging due to water scarcity, allocation policies, price, location, and competition for water. In this policy analysis, we conducted a detailed bottom-up survey for each groundwater conservation district to catalog and assess the prevailing policies and practices related to water and hydraulic fracturing, focusing on the ways in which the State of Texas regulates the use of fresh and non-freshwater for hydraulic fracturing. We find that policies are inconsistent statewide with great variability from district to district in regulations and potential solutions to the challenge of freshwater use. From this analysis, we provide information on the practice of hydraulic fracturing and examine strategies for reducing freshwater use through recycling and use of non-freshwater. In this report, we present the current water policy framework and alternative solutions. Citation: Cook MA, Huber KL, Webber ME. 2015. Who regulates it? Water policy and hydraulic fracturing in Texas. Texas Water Journal. 6(1):45-63. Available from: https://doi.org/10.21423/twj.v6i1.7021.

Hydraulic fracturing - the injection of pressurized fluid (often water) to increase extraction rates and recovery of oil or gas - has become increasingly popular in combination with horizontal drilling, especially in shales in Texas. Hydraulic fracturing augments the flow of fossil fuel from a well, but requires a significant amount of water to do so. Thus, the growth in shale wells puts pressure on existing water resources, especially in drought-prone areas of Texas. Due to increased water demands in these areas, that already have low water availability, current water users and landowners have begun to sell their water resources to supply industry needs. This analysis characterizes the current state of the water market in shale-rich areas of Texas, including water pricing, type of water used, source and end use location, original intended use, and current end use — all within the water policy framework of Texas. Between 1987 and 2008, prior to the increase in hydraulic fracturing in much of Texas, the median lease price was approximately $30 per thousand cubic meters (m³) and the average price was approximately $100 per thousand m³. In this preliminary analysis, we found that - between 2009 and 2013 - the median lease price was approximately $3,100 per thousand m³ and the average price was $2,300 per thousand m³ - an increase of two orders of magnitude in the median price of water for mining water use. These prices and market trends open up the possibility for innovation and investments in technologies for water use efficiency in various sectors.

Environmental justice and sustainability have both become major concerns for water resource management, particularly with recent federal emphasis on environmental justice under the Biden administration in the United States. Texas, like many U.S. states, lags behind the federal government in this emphasis. While many localities have made progress in some respects—for example, some major Texas municipalities have included equity and sustainability metrics in their recent climate action plans—others have not. This has left a patchwork of persistent water management and availability issues that are exacerbated by extreme weather and worsening impacts of climate change. We provide a review of many of Texas’s water equity and sustainability challenges, both now and in a more extreme climate future. These include water access, affordability, contamination, flooding, drought, and aging infrastructure. For example, many Texas counties rank highest in the nation for flood risk, including coastal counties with high populations of disadvantaged communities and counties containing populations that live in persistent poverty in the Lower Rio Grande Valley. Additionally, approximately 44,000 Texans, or about 0.4% of the state population, lack access to complete plumbing facilities in their homes. The costs of water infrastructure leaks (estimated at about 51 gallons of water per day statewide) are shared across customers of all income levels, though they place a disproportionate burden on low-income customers. We then assess existing statewide and local policy and planning efforts and gaps in addressing these concerns in Texas. We focus particularly on the role of efforts to incorporate community voice—the ideas, concerns, needs, and expertise of impacted community members, dismantle causes of injustice, and improve equity in spending. If communities are not intentional with future development, new water infrastructure could continue to perpetuate existing harms. Thus, we provide a research agenda and recommendations for addressing some of the policy and planning gaps and persistent environmental justice issues. We aim to help water managers and policy makers identify and dismantle sources of inequity, particularly through including community voice.