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December 15, 2000

Water, farm income
top convention issues

Mounting pressures on limited Texas water supplies prompted delegates at Texas Farm Bureau's 67^th annual meeting to strengthen both groundwater and surface water policy as it relates to agriculture in preparation of the upcoming legislative session.

In areas of the state without groundwater conservation districts, delegates supported the common law doctrine rule of capture.

"Groundwater captured by a landowner should, by law, be owned and fully controlled by the landowner and protected from seizure by eminent domain," delegates stated. "We oppose any state control of groundwater."

However, they encouraged the creation of locally-controlled groundwater conservation districts to ensure the future viability of agriculture and rural communities where management is needed. Delegates urged adoption of rules to manage an aquifer under the correlative rights principle, which awards water rights to all landowners over an aquifer on a per acre basis, where "practical and feasible."

"District rules should not unreasonably or unconstitutionally prohibit landowners from exercising their private property right to use or market groundwater," delegates said. "However, we oppose the exportation of groundwater out of an arid region."

In other actions relating to groundwater, delegates:

•Said at a minimum, no groundwater well for domestic and livestock purposes with a maximum capacity of 25,000 gallons per day located on real property of 10 acres or more should be subject to district regulation.

•Opposed charging landowners a fee or tax for capturing groundwater on their own property, except when necessary to fund the operations of a groundwater district.

•Opposed the classification of any aquifer as an underground river subject to state regulation.

•Supported the authority of districts to require a permit to export groundwater outside the boundaries of the district.

•Supported a streamlined process for the creation of a district through the Texas Natural Resource Conservation Commission.

•Supported a strong ag representation on the governing bodies of groundwater conservation districts.

Concerning surface water, delegates recognized that inter-basin transfers "will harm agricultural production within the basin of origin by increasing the cost of surface water." Delegates said any inter-basin transfer should be opposed unless the receiving basin has: (1) implemented a water conservation plan; (2) exhausted all other reasonable means of providing water needs; (3) agrees to assist with conservation efforts in the basin of origin. Other terms for transfer, delegates said, should include:a surcharge on the transfer to provide monies to assist farmers and ranchers to satisfy their demand for water; and a junior water rights priority date for any inter-basin transfer that would harm existing water rights holders or third party surface water users in the basin of origin.

Adopted state resolutions become policy for Farm Bureau to follow in the upcoming year. In other state action, delegates:

•Said the Texas Department of Agriculture should promote and support development of agriculture development districts.

•Said the Texas Department of Agriculture should provide information and assistance in creating Internet services for the sale of commodities.

•Supported tax-free bonds to enable agricultural producers to develop facilities for value-added products.

•Supported the safe use and promotion of biotechnology and genetically modified plants which reduce farmers' reliance on chemicals.

•Favored repealing, or reducing and constitutionally capping, all property taxes and opposed any tax on personal property.

National issues

On national issues, to be forwarded to the American Farm Bureau Federation Convention in January, delegates urged a reliable economic safety net be developed to help farmers.

They voiced support for raising the loan rates of commodities, by either the Secretary of Agriculture, Congressional resolution, or by a voluntary set aside program, in which the farmer can participate on an individual basis.

In other action, delegates recommended that any additional farm payments be tied to production of a farm program crop; supported legislation allowing agriculture producers to establish a tax-exempt account to be used to counteract low commodity prices or natural disasters; and supported a CRP program for water which would pay farmers to convert irrigated cropland to dryland crops or grass and limit water use to humans and livestock only on property enrolled in the program.

In other action on national issues, delegates:

•Said they believe that campaign finance reform can best be achieved by strict enforcement of current campaign finance laws.

•Opposed the registration, licensing and taxing of firearms and/or their owners.

•Supported legislation establishing disaster insurance similar to multi- peril to be available to cover the cost of production.

•Proposed that crop insurance not be transferred to the Farm Service Agency, but should continue to be provided by the private sector.

•Supported continued drought relief programs.