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GoGreenNation news

Group alleges Port of Morrow misled Kotek for permission to dump toxic water

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Wednesday, March 5, 2025

A group of 26 conservation nonprofits, grassroots organizations and community leaders have signed a letter sent to Oregon Gov. Tina Kotek alleging the Port of Morrow, located along the Columbia River in northeastern Oregon, intentionally misled the governor about its wastewater storage capacity while seeking an emergency order earlier this year. The Feb. 21 letter, authored by advocacy group Oregon Rural Action and undersigned by a former Oregon Department of Environmental Quality (DEQ) administrator and a former Morrow County commissioner, among others, requests that the governor rescind an executive order she made in January that allows the Port of Morrow to violate its wastewater permit. “We believe this decision was misguided and may have been based on incomplete, misleading, or inaccurate information,” the letter reads. “[The executive order] needlessly allows for increased pollution during the high-risk winter season when the risk to the public is highest, threatening to worsen an already severe crisis.”The letter also requests the governor declare a public health and environmental emergency in the Lower Umatilla Basin due to nitrate pollution in groundwater within the Lower Umatilla Basin Groundwater Management Area.A spokesperson for the Office of Governor Kotek told Columbia Insight in an email that her office had received the letter and is reviewing it. The Lower Umatilla Basin Groundwater Management Area, which spans 550 square miles across Morrow and Umatilla counties along the Columbia River, has been plagued with high levels of nitrates in groundwater since the 1990s.A report released by Oregon DEQ in January found that nitrate contamination, driven primarily by agricultural practices, has continued to worsen over the past decade.“The people who are affected by this pollution, the victims of pollution, are low-income, non-English speaking, disproportionately Latino and immigrants, working class,” Kaleb Lay, director of policy and research at Oregon Rural Action, told Columbia Insight. “They don’t have a lot of power on their own, but that’s why we’re supposed to have regulations and laws—so the polluters can’t get away with this sort of thing.” Chronic polluterThe Port of Morrow, Oregon’s largest industrial port east of Portland, accepts wastewater from industrial businesses such as food processing plants, data centers and a PG&E-owned power plant.The Port then moves that nitrogen-rich wastewater upgradient for land application on agricultural fields.Specific conditions must be met for the land application of wastewater. The Port is only allowed to dump a certain amount of wastewater at a time to agricultural land in order to ensure the nitrates don’t reach groundwater stores.Land application during the rainy season is especially tricky, because if the soil is already saturated with water (from, say, a run of rainy weather), the Port must wait until the soil dries before spreading wastewater.The wastewater is stored in lagoons until it can be disposed of. “The fundamental problem is the Port has chronically—for years, years and years—produced way more [wastewater] than the fields where they’re allowed to dispose of it can possibly handle, which creates this leaching problem, which leads to permit violations and contaminates the groundwater,” said Lay. A 2022 investigation by the Oregon Capital Chronicle found the Port had violated its wastewater permits for the previous 15 years. In the last two years, DEQ has fined the Port more than $3.1 million for permit violations. The Port is in the midst of building out more lagoons to store the wastewater, a move that it hopes will end future winter water dumps on the land. Those lagoons are expected to be completed by November 2025. Executive order suspends rulesAmid a spell of unusually wet weather in December 2024, the Port of Morrow requested the governor sign an emergency order that would allow it to violate wastewater regulations, arguing that the predicted precipitation and freezing conditions would overwhelm its wastewater storage capacity, thus forcing the Port to exceed its land-application capacity.Without the order, the Port argued, it wouldn’t have any choice but to stop accepting wastewater, because it wouldn’t have any place to legally put it. That decision might have forced the industrial facilities generating wastewater to cease operations, which in turn could have led to “furloughs of potentially thousands of workers resulting in substantial economic harm to the region and the State of Oregon,” according to Gov. Kotek’s subsequent executive order (EO), issued Jan. 13.The EO granted the Port of Morrow’s request and declared a state of emergency “due to risk of economic shutdown” in Morrow and Umatilla counties.The EO allows the Port to apply wastewater only to fields that are down-gradient from domestic wells or those that are designated as low-risk for contamination. “I did not make this decision lightly,” Kotek said in a news release. “We must balance protecting thousands of jobs in the region, the national food supply, and domestic well users during this short period of time during an unusually wet winter.” Kotek’s order allows an exception to the Port of Morrow’s wastewater permit only from Jan. 15 through Feb. 28.The Port of Morrow officially invoked the EO’s use on Feb. 17, nearly a month after the EO was issued. Port of Morrow Executive Director Lisa Mittelsdorf told Columbia Insight in an emailed statement that the Port was able to delay invoking the order thanks to conservation efforts and management of its storage-lagoon capacity.“The order was invoked in accordance with its terms only when the Port determined that available storage capacity would be exhausted within seven days. As required by the order, the Port restricted land application to two farms with no down-gradient domestic users of alluvial groundwater,” the statement reads.Worrying precedentOregon Rural Action, however, doesn’t think the Port of Morrow was being honest in its emergency order request.In its letter to Gov. Kotek, the group compared statements and arguments used in the emergency request against the Port of Morrow’s own monthly reports to DEQ. “It’s a paper-thin argument that falls apart right away,” said Lay.He said the Port’s DEQ report states its storage capacity was only at 44% at the end of December, with roughly 335 million gallons of capacity available, despite the Port’s claim to the governor’s office that it was running out of storage space.“At the same time, they were expecting to produce less wastewater than they had in the previous two months,” said Lay. “So for the remainder of the winter [including January and February] they had more than half their wastewater storage available to them, and were expecting to make less [wastewater in January and February], which would lead one to believe that they could store all of what was left without much trouble at all.“It just doesn’t seem like that due diligence was done in the making of this decision to grant them this power.” The EO is set to expire at the end of this week, but “every day counts,” according to Lay.And concerns persist over the setting of a controversial precedent based on faulty information.“The permit conditions exist for a reason. They’re not perfect, but every violation that [occurs] is a violation because [the permit] is trying to prevent contamination of groundwater. Allowing them to violate without holding them accountable is just giving them a free pass to pollute,” said Lay. Kendra Chamberlain is a freelance journalist based in Eugene, Oregon, covering environment, energy and climate change. Her work has appeared in DeSmog Blog, High Country News, InvestigateWest and Ensia.##Columbia Insight, based in Hood River, Oregon, is a nonprofit news site focused on environmental issues of the Columbia River Basin and the Pacific Northwest.

The Port successfully petitioned the state for an executive order to suspend environmental regulations in order to save jobs.

A group of 26 conservation nonprofits, grassroots organizations and community leaders have signed a letter sent to Oregon Gov. Tina Kotek alleging the Port of Morrow, located along the Columbia River in northeastern Oregon, intentionally misled the governor about its wastewater storage capacity while seeking an emergency order earlier this year.

The Feb. 21 letter, authored by advocacy group Oregon Rural Action and undersigned by a former Oregon Department of Environmental Quality (DEQ) administrator and a former Morrow County commissioner, among others, requests that the governor rescind an executive order she made in January that allows the Port of Morrow to violate its wastewater permit.

“We believe this decision was misguided and may have been based on incomplete, misleading, or inaccurate information,” the letter reads. “[The executive order] needlessly allows for increased pollution during the high-risk winter season when the risk to the public is highest, threatening to worsen an already severe crisis.”

The letter also requests the governor declare a public health and environmental emergency in the Lower Umatilla Basin due to nitrate pollution in groundwater within the Lower Umatilla Basin Groundwater Management Area.

A spokesperson for the Office of Governor Kotek told Columbia Insight in an email that her office had received the letter and is reviewing it.

The Lower Umatilla Basin Groundwater Management Area, which spans 550 square miles across Morrow and Umatilla counties along the Columbia River, has been plagued with high levels of nitrates in groundwater since the 1990s.

A report released by Oregon DEQ in January found that nitrate contamination, driven primarily by agricultural practices, has continued to worsen over the past decade.

“The people who are affected by this pollution, the victims of pollution, are low-income, non-English speaking, disproportionately Latino and immigrants, working class,” Kaleb Lay, director of policy and research at Oregon Rural Action, told Columbia Insight. “They don’t have a lot of power on their own, but that’s why we’re supposed to have regulations and laws—so the polluters can’t get away with this sort of thing.”

Chronic polluter

The Port of Morrow, Oregon’s largest industrial port east of Portland, accepts wastewater from industrial businesses such as food processing plants, data centers and a PG&E-owned power plant.

The Port then moves that nitrogen-rich wastewater upgradient for land application on agricultural fields.

Specific conditions must be met for the land application of wastewater. The Port is only allowed to dump a certain amount of wastewater at a time to agricultural land in order to ensure the nitrates don’t reach groundwater stores.

Land application during the rainy season is especially tricky, because if the soil is already saturated with water (from, say, a run of rainy weather), the Port must wait until the soil dries before spreading wastewater.

The wastewater is stored in lagoons until it can be disposed of.

“The fundamental problem is the Port has chronically—for years, years and years—produced way more [wastewater] than the fields where they’re allowed to dispose of it can possibly handle, which creates this leaching problem, which leads to permit violations and contaminates the groundwater,” said Lay.

A 2022 investigation by the Oregon Capital Chronicle found the Port had violated its wastewater permits for the previous 15 years. In the last two years, DEQ has fined the Port more than $3.1 million for permit violations.

The Port is in the midst of building out more lagoons to store the wastewater, a move that it hopes will end future winter water dumps on the land. Those lagoons are expected to be completed by November 2025.

Executive order suspends rules

Amid a spell of unusually wet weather in December 2024, the Port of Morrow requested the governor sign an emergency order that would allow it to violate wastewater regulations, arguing that the predicted precipitation and freezing conditions would overwhelm its wastewater storage capacity, thus forcing the Port to exceed its land-application capacity.

Without the order, the Port argued, it wouldn’t have any choice but to stop accepting wastewater, because it wouldn’t have any place to legally put it. That decision might have forced the industrial facilities generating wastewater to cease operations, which in turn could have led to “furloughs of potentially thousands of workers resulting in substantial economic harm to the region and the State of Oregon,” according to Gov. Kotek’s subsequent executive order (EO), issued Jan. 13.

The EO granted the Port of Morrow’s request and declared a state of emergency “due to risk of economic shutdown” in Morrow and Umatilla counties.

The EO allows the Port to apply wastewater only to fields that are down-gradient from domestic wells or those that are designated as low-risk for contamination.

“I did not make this decision lightly,” Kotek said in a news release. “We must balance protecting thousands of jobs in the region, the national food supply, and domestic well users during this short period of time during an unusually wet winter.”

Kotek’s order allows an exception to the Port of Morrow’s wastewater permit only from Jan. 15 through Feb. 28.

The Port of Morrow officially invoked the EO’s use on Feb. 17, nearly a month after the EO was issued.

Port of Morrow Executive Director Lisa Mittelsdorf told Columbia Insight in an emailed statement that the Port was able to delay invoking the order thanks to conservation efforts and management of its storage-lagoon capacity.

“The order was invoked in accordance with its terms only when the Port determined that available storage capacity would be exhausted within seven days. As required by the order, the Port restricted land application to two farms with no down-gradient domestic users of alluvial groundwater,” the statement reads.

Worrying precedent

Oregon Rural Action, however, doesn’t think the Port of Morrow was being honest in its emergency order request.

In its letter to Gov. Kotek, the group compared statements and arguments used in the emergency request against the Port of Morrow’s own monthly reports to DEQ.

“It’s a paper-thin argument that falls apart right away,” said Lay.

He said the Port’s DEQ report states its storage capacity was only at 44% at the end of December, with roughly 335 million gallons of capacity available, despite the Port’s claim to the governor’s office that it was running out of storage space.

“At the same time, they were expecting to produce less wastewater than they had in the previous two months,” said Lay. “So for the remainder of the winter [including January and February] they had more than half their wastewater storage available to them, and were expecting to make less [wastewater in January and February], which would lead one to believe that they could store all of what was left without much trouble at all.

“It just doesn’t seem like that due diligence was done in the making of this decision to grant them this power.”

The EO is set to expire at the end of this week, but “every day counts,” according to Lay.

And concerns persist over the setting of a controversial precedent based on faulty information.

“The permit conditions exist for a reason. They’re not perfect, but every violation that [occurs] is a violation because [the permit] is trying to prevent contamination of groundwater. Allowing them to violate without holding them accountable is just giving them a free pass to pollute,” said Lay.

Kendra Chamberlain is a freelance journalist based in Eugene, Oregon, covering environment, energy and climate change. Her work has appeared in DeSmog Blog, High Country News, InvestigateWest and Ensia.

##

Columbia Insight, based in Hood River, Oregon, is a nonprofit news site focused on environmental issues of the Columbia River Basin and the Pacific Northwest.

Read the full story here.
Photos courtesy of

Related News

EPA chief urges Mexico to help deliver '100% solution' to clean up polluted Tijuana River

EPA Administrator Lee Zeldin visited the polluted Tijuana River on the U.S.-Mexico border, calling for a '100% solution' to clean up raw sewage that has fouled the waterway for years.

U.S. EPA Administrator Lee Zeldin on Tuesday called for Mexico and the U.S. to develop a “100% solution” to stop the flow of raw sewage from Tijuana that has polluted the Tijuana River and left communities near the border coping with foul odors and beaches that are often closed because of high bacteria levels.“Americans on our side of the border who have been dealing with this for decades are out of patience,” Zeldin said during a news conference in San Diego. “They want action and they’re right.”Zeldin visited the river north of the border and met with Mexican government officials as well as local officials in San Diego County. He said the Trump administration is seeking “max collaboration and extreme urgency to end a crisis that should have ended a long time ago.”The Tijuana River has been plagued with untreated sewage and industrial waste from Tijuana for decades. The city’s growth has far outpaced the existing sewage treatment plants, and inadequate and broken facilities spew waste into the river, polluting the water and air in Imperial Beach and other communities near the border.Zeldin met for about 90 minutes on Monday night with Mexican Environment Secretary Alicia Bárcena and other Mexican officials, who he said indicated that Mexican President Claudia Sheinbaum and her administration are “fully committed to doing their part to resolving this issue.” Bárcena said in a post on social media that it was a “very productive meeting.”“We agreed to reinforce our joint actions,” Bárcena said, “to accelerate the projects to address the sanitation of Rio Tijuana for the well-being of our communities.”Zeldin said Mexico still needs to provide $88 million that it previously pledged in a 2022 agreement. He said that U.S. and Mexican officials soon plan to draw up a “specific statement from both countries” outlining actions the Mexican government will take to help address the problems.“We all need to be on the same page on the 100% solution from the U.S. side that if all of these things on that list get done, this crisis is over,” Zeldin said.He didn’t discuss costs or a timetable, but said the goal should be to “to get every project done as fast as humanly possible.”The environmental group American Rivers last week ranked the Tijuana River No. 2 on its annual list of the nation’s most endangered rivers, up from No. 9 on the list last year. The group said it elevated the river on the list to bring greater attention to the waterway’s chronic pollution problems and the lack of action to clean it up.Environmental advocates have urged the U.S. government to prioritize fixing and expanding the South Bay International Wastewater Treatment Plant north of the border, which handles sewage from Tijuana and is in disrepair.Zeldin toured the South Bay plant, where he met with Imperial Beach Mayor Paloma Aguirre and other officials. With him were members of Congress including Reps. Darrell Issa (R-Vista) and Mike Levin (D-San Juan Capistrano).Levin said the U.S. government has appropriated $653 million for fixing and expanding the South Bay wastewater plant — an amount that steadily increased after an initial $300 million was committed in 2020.“We’ve got to get those shovels in the ground,” Levin said. “We’ve got to get the South Bay plant up and running, doubled in capacity, as quickly as possible.”Zeldin also said he was meeting with Navy SEALs who train in the area and have suffered illnesses because of the polluted water.In a recent report, the Department of Defense said about 1,100 cases of illness were reported among Navy SEALS and other service members who were exposed to high levels of bacteria when they trained in and around the ocean near the border.“This has been a problem for decades. It hasn’t been corrected. It’s only gotten worse,” said Dan’l Steward, a retired Navy captain and former SEAL who lives in Coronado but did not attend Tuesday’s events.Decades ago, Steward got sick after basic underwater SEAL training and had to take antibiotics to recover. Steward said he has heard similar stories from SEALs and candidates who undergo training along the beaches in Coronado. “It’s a national security issue,” Steward said. For Navy personnel in the area, he said, “it’s limiting them in their ability to properly train, and it’s endangering their lives for the ones that are going through basic training in particular.”Others affected, he said, include Marines, Coast Guard service members and Border Patrol agents. Steward said his daughter, while surfing nearby, became sick with an infection from a type of bacteria called MRSA, which is resistant to many antibiotics.“The United States has a role to help improve the situation, even though their plants are south of the border,” Steward said. “We all have a role to play here. And I also feel that’s the only way to solve the problem.”Ramon Chairez, director of environmental advocacy for the Encinitas-based nonprofit group Un Mar de Colores, said he’d like to see various actions taken on the U.S. side of the border, including working to dismantle culverts where polluted water cascades down and sends polluted water vapor and gases into the air.Chairez said he thought Zeldin’s focus on collaboration between Mexico and the U.S. made sense.“Overall, I think the general tone is pointing more towards holding Mexico accountable, although there’s some acknowledgment that it’s going to be a collaborative effort on both sides of the border,” Chairez said.One topic that wasn’t discussed but has contributed to the problems, he said, is that many U.S.-based companies have set up factories on the Mexican side of the border.“I didn’t hear a word about maquiladoras and factories and industries on the Mexican side and holding them accountable,” he said. “There’s American and California-based corporations operating all along the border, and especially in Tijuana, and they’re polluting the river just as much.”Matthew Tejada, senior vice president of environmental health for the Natural Resources Defense Fund, said the commitments from U.S. officials sound good, but he also said delivering on those pledges will be more complicated because of cuts in budget and staffing. He noted that Zeldin has said he wants to eliminate 65% of the Environmental Protection Agency’s budget.“It will be an interesting trick for EPA to achieve exactly those sorts of outcomes while they are internally tearing down the very staff and systems they need to actually make those changes happen,” Tejada said.He said the Trump administration’s recent actions, including cutting funding and rolling back environmental protection measures, are “making it that much harder for this country to actually have clean air, clean land and clean water.”

Water
Crisis
Health

New Gear Could Keep California Crab Fishermen on the Water Longer, and Whales Safe

After years of a shortened crab fishing season aimed at preventing whale entanglements off the West Coast, California crabbers are experimenting with a new fishing method that allows them to stay on the water longer while keeping the marine mammals safe

After years of a shortened crab fishing season aimed at preventing whale entanglements off the West Coast, California crabbers are experimenting with a new fishing method that allows them to stay on the water longer while keeping the marine mammals safe.The state has been running a pilot program since 2023 to try out so-called pop-up gear to protect whales while finding a solution to fishermen's woes and is expected to fully authorize the gear for spring Dungeness crab fishing in 2026. The gear, which uses a remote device to pull up lines laid horizontally across the sea floor, also is being tried on lobster in Maine, black sea bass in Georgia and fisheries in Australia and Canada.“Unfortunately, it has been six years we've been delayed or closed early for whales,” said Brand Little, a San Francisco Dungeness crab fisherman who is among those participating in the pilot. "This is a way to get our industry back," he said.The effort comes after reports of whale entanglements off the Pacific Coast spiked a decade ago during a marine heat wave. The change in temperature drove whales, many of them threatened or endangered humpbacks, to seek out food sources closer to the California coast, where they were caught in vertical fishing lines that had been strung between crab pots on the ocean floor and buoys bobbing on the surface.In response, California state regulators barred Dungeness crab fishing when whales are known to be present. That shortened the season significantly, giving fishermen a narrow window in which to make a living. So some began trying pop-up gear and determined the method works and is worth the additional cost.The gear lets fishermen use a remote-operated, acoustic release device to pop-up a crab pot from the ocean floor rather than have it tethered to a floating buoy. Pots can be strung together with ropes laid horizontally instead of vertically, so whales can pass over them while migrating through the area.“If you remove the vertical line, you have removed the entanglement risk, and you have allowed a fishery to continue,” said Ryan Bartling, senior environmental scientist supervisor with the California Department of Fish and Wildlife.Many long-time Dungeness crab fishermen have been slow to warm up to the idea due to the cost, which can run $1,000 per pop-up device plus an on-board unit. It also takes time to restring the pots after an intense winter season of derby-style fishing, which takes place when whales are calving in warmer waters to the south.There also is a need for a unified tracking system since the gear isn’t visible on the surface, Bartling said.More than four dozen whales were entangled in fishing nets in 2015, compared with an annual average of 10 in prior years, according to the National Oceanic and Atmospheric Administration. Many were humpback whales, which were listed as endangered in the 1970s and have been recovering since protections were put in place, the agency said.Environmental advocates sued California over the increased entanglements and reached a settlement with the state in 2019 that encouraged the use of ropeless gear.Bart Chadwick, who owns San Diego-based Sub Sea Sonics, said he previously used pop-up technology to retrieve expensive equipment while conducting environmental work at sea. When he retired from his job, he made tweaks so it could be adapted for fishing.“It allows them to fish in places they wouldn’t otherwise,” Chadwick said, adding the technology also reduces gear losses.Most Dungeness crab fishermen make their money during the early part of the season when whales typically aren't near the California coast. Experts say the pop-up gear won't work then due to crowding and the technology is currently being considered solely for the smaller spring season, which starts April 16 in central California.Geoff Shester, senior scientist at conservation organization Oceana, said he thinks the method could eventually be used more broadly if fishermen find it efficient and cost-effective.“Think about electric cars, or hybrids, or even digital cameras," Shester said. "Every time you have a new technology, there is a lot of resistance at first.”Crab fisherman Ben Platt said he was a vocal opponent but will join this year's pilot since multiple pots now can be strung together, making the method simpler and cheaper. Still, he said many fishermen have concerns and aren't likely to get on board.“We’ll just have to see and take a look at the results,” Platt said.For Stephen Melz, who fishes out of Half Moon Bay, California, having more time out on the ocean is key. Years ago, he said he would go out for Dungeness crab starting in November and fish through the spring.Now, with the shortened season, he said there is no room for error and the gear helps him get out so he can pay his bills.“Better than just sitting at dock,” he said.Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Feb. 2025

Water
Conservation
Technology

To avoid a water crisis, Texas may bet big on desalination. Here’s how it works in El Paso.

Desalination can create millions of gallons of fresh water a day. But it is expensive and there are many environmental concerns.

Subscribe to The Y’all — a weekly dispatch about the people, places and policies defining Texas, produced by Texas Tribune journalists living in communities across the state. This article is part of Running Out, an occasional series about Texas’ water crisis. Read more stories about the threats facing Texas’ water supply here. EL PASO — The wind swept through El Paso one day in March, lifting a fine layer of dust that settled onto windshields, clothes and skin. The air was thick with haze from a dust storm. This border city, perched on the edge of the Chihuahuan Desert, receives on average less than 9 inches of rain each year. Water in the city of 679,000 people is a challenge. Inside El Paso’s Kay Bailey Hutchison Desalination Plant, Hector Sepúlveda, the plant’s superintendent, walks through rows of towering steel tubes as a loud hum vibrates through the air. This machinery is essential to providing thousands in the city with clean water. “This is a desert community,” Sepúlveda said. “So the water utilities have to always think ahead and be very resourceful and very smart and find resources to take the water that we do have here and provide for a desert community.” Sepúlveda says the city’s dry climate, compounded by dwindling ground and surface water supplies and climate change has made innovation essential. A key piece of that strategy is desalination — the process of removing salt and other minerals from seawater or salty groundwater so people can drink it. An inversion layer of dust settles over downtown El Paso on March 6, 2025. The city’s little rain and dry climate has led water leaders to diversify where it gets its water from. Credit: Justin Hamel for The Texas Tribune When it opened in 2007, El Paso’s desalination plant was the largest inland desalination facility in the world. It was built through a partnership between El Paso Water and Fort Bliss, one of the nation’s largest military bases, when water shortages threatened the base’s operations. Today, at max capacity the plant can supply up to 27.5 million gallons per day — helping stretch the city’s supply by making use of the region’s abundance of brackish groundwater, salty groundwater with salinity levels higher than freshwater, but lower than seawater. The city wants to expand the plant’s capacity to 33.5 million gallons per day by 2028. El Pasoans used about 105 million gallons per day last year. As Texas faces twin pressures of population growth and prolonged drought, lawmakers are looking to desalination as a way forward. The Texas Legislature took a major step in 2023, creating the New Water Supply for Texas Fund, to support desalination projects — including both brackish and seawater. This legislative session, lawmakers are pushing to accelerate that effort with a bill by state Sen. Charles Perry, a Lubbock Republican, that could dedicate millions for new water projects, including desalination. Senate Bill 7 cleared the upper chamber earlier this month and is now awaiting a House committee’s consideration. “We've developed all the cheap water, and all the low-hanging fruit has been obtained. There is no more of it, and it's depleting what's left. We're going into the second phase of water development through brackish marine, brackish produced water and brackish aquifers,” Perry said on the Senate floor before his colleagues gave the legislation unanimous approval. Latest in the series: Running Out: Texas’ Water Crisis Loading content … Sixty municipal water desalination facilities are already online, according to the Texas Water Development Board, the state agency that helps manage and finance water supply projects. Of those, 43 desalinate brackish groundwater. El Paso’s is the largest. As of December 2024, the agency had designated 31 brackish groundwater sites as production zones, meaning they have moderate to high availability of brackish groundwater to treat. The board’s 2022 state water plan proposes implementing an additional 37 brackish groundwater desalination projects in South Texas cities like McAllen, Mission, San Benito; and West Texas towns like Abilene and Midland. The plan states that if all recommended strategies are used, groundwater desalination could make up about 2.1% of the state’s projected water needs by producing 157,000 acre-feet per year by 2070 — enough to support 942,000 Texans for one year. Still, desalination isn’t without tradeoffs. The technology takes a lot of energy, and construction costs can be steep. There are also several factors to consider that affect the final price tag: How deep the water lies, how salty it is, how far it needs to travel, and how to dispose of the leftover salty waste. The water board estimates treating brackish groundwater can run anywhere from $357 to $782 per acre-foot, while seawater desalination ranges from $800 to $1,400. Lawmakers say water funding at a state-level is critical to help communities shoulder the upfront costs of these alternative water supplies. Hector Sepúlveda, superintendent of the Kay Bailey Desalination Plant in El Paso, lives just minutes away — he jokes it's a convenience since his job is to keep the plant running. Credit: Justin Hamel for The Texas Tribune How brackish groundwater desalination works Sepúlveda, who has spent more than 30 years with El Paso Water, says the process at the desalination plant begins with brackish groundwater drawn from 15 wells near the El Paso International Airport. The salty water is transported to the plant where it is first filtered through strainers to remove sand particles. Then it is transported through cartridge filters. This process is similar to how household water filters work, but far more efficient. The cartridge filters trap fine sediments smaller than a strand of hair, further filtering the water before it reaches the heart of the system: reverse osmosis, often referred to as RO membranes. Sepúlveda, who wears a blue construction hat and highlighter yellow vest, stands amid a room full of long rows of stacked steel tubes, or RO membrane units. Here, brackish groundwater gets turned into fresh, drinkable water. It’s pumped through these tubes — each with 72 vessels — at extremely high pressure, leaving behind salt and bacteria. A sectional view shows the inside of an RO tube that filters out salt at the Kay Bailey Hutchison Desalination Plant in El Paso, Texas on March 4. Credit: Justin Hamel for The Texas Tribune “We’re separating the undesirable stuff from the potable water,” he said, as he opened a faucet and sipped the water. “At the end you end up with safe drinking water. The process is just amazing.” Once cleaned, the water is divided between El Paso Water customers and Fort Bliss. Sepúlveda said they will soon expand the plant to produce 33.5 million gallons per day by adding a sixth row of RO membranes. The brine, or concentrated salty water left over from the process, is pumped 22 miles to deep well injection sites. The desal plant can separate up to 3 million gallons of brine a day. At the site, the concentrate is sent 3,500 feet underground into a fractured rock formation. Concerns of desalination While brackish groundwater desalination has proven to be a viable solution for inland communities like El Paso, environmentalists are raising concerns about the potential consequences of scaling up the water strategy. Seawater desalination is gaining attention as Gulf Coast cities like Corpus Christi start developing their own seawater desalination facility. For seawater desalination, Shane Walker, professor and director of a water research center at Texas Tech University, says the main concern is removing the excess salt. While most of the salinity comes from dissolved minerals that aren’t harmful, Walker says, high concentrations — think of over-salted French fries — can harm marine life and disrupt coastal ecosystems. Seawater is much saltier than brackish water and salt levels vary widely depending on the source. In seawater desalination, the brine byproduct — which can be twice as salty as seawater — is often discharged back into the ocean. If not properly managed, this can increase salinity in bays and estuaries, threatening species like oysters, crabs and shrimp that are critical to local fisheries and ecosystems. An aerial view of the coastline in Corpus Christi on July 6, 2024. The city is set to build the state’s first-ever seawater desalination plant. Credit: Pete Garcia for The Texas Tribune Myron Hess, an environmental consultant for the nonprofit National Wildlife Federation, said that when plants take in water it could potentially suck in marine creatures with the ocean water. “As you're diverting particularly massive amounts of water, you can be pulling in lots of organisms,” Hess said. For inland facilities like the Kay Bailey Hutchison plant, the environmental concerns are different. They don’t kill marine life, but disposal is still a concern. In El Paso, Art Ruiz, chief plant manager for El Paso Water and the former superintendent of the utility’s desalination plant, calls this disposal “chemistry salts” and says that disposal is handled through deep well injection into an isolated part of the aquifer. Ruiz said El Paso is blessed with a geological formation that has a natural fault that prevents the concentrate from migrating and contaminating the freshwater supply. In regions where this is not feasible, evaporation ponds are used, but they require large amounts of land and careful management to prevent environmental hazards. “Deep well injection is a common method used for larger desalination facilities, but the geology has to be right,” Walker said. “You have to ensure that the injection site is isolated and won’t contaminate freshwater aquifers.” Another concern raised by water experts is how Texas manages brackish groundwater and whether the state is doing enough to protect nearby freshwater sources. Senate Bill 2658 proposes to exempt certain brackish groundwater wells located within state-designated production zones from needing a permit. Experts say the move would bypass a permitting process in the state's water code that was specifically designed to safeguard freshwater aquifers. The central worry is that brackish and fresh groundwater are often hydrologically connected. While brackish groundwater can be an important part of the state's water portfolio, Vanessa Puig-Williams, a water expert with the Environmental Defense Fund, says there’s a real risk that pumping brackish water could unintentionally start drawing in and depleting nearby fresh water if oversight is not required from local groundwater conservation districts. Experts also caution that the production zones identified by the water board weren’t designed to guide site-specific decisions, such as how much a well can safely pump or whether it could affect nearby freshwater supplies. A pump and pipeline removes the waste water concentrate from the Kay Bailey Desalination Plant 22 miles away to be disposed of in a deep injection well. Credit: Justin Hamel for The Texas Tribune Hess, consulting for the National Wildlife Federation, authored a paper on the impacts of desalination, including the price tag. Constructing a facility is costly, as is the energy it takes to run it. El Paso’s desalination facility cost $98.3 million, including the production and injection wells construction, $26 million of which it received in federal funding. The technology to clean the water is energy intensive. Desalinating water in El Paso costs about $500 per acre-foot of water — 46% more than treating surface water from a river. Seawater facilities require even more energy, which adds to the costs in producing or cleaning the water. TWDB estimates those range from $800 to $1,400 per acre-foot. Texas has no operating seawater desalination plants for municipal use, but the state’s environmental agency, Texas Commission on Environmental Quality, has authorized permits for two marine desalination facilities and has four pending applications for seawater desalination facilities, three in Corpus Christi and one in Port Isabel. “The first seawater plant in Texas is going to be expensive,” Walker said. “The first time somebody does something, it’s going to cost way more than the other ones that come along behind it, because we're having to figure out all the processes and procedures to do it the first time.” Lessons from El Paso and the path forward Back at the Kay Bailey Hutchison plant in El Paso, Sepúlveda, the plant’s superintendent, walks into a lab opened to students and professors from the University of Texas at El Paso, New Mexico State University, and Rice University to test new technologies to help refine the desalination processes or extend the lifespan of RO membranes. Sepúlveda said water utility employees have learned a lot since 2007 when the plant first opened. RO membranes, used to clean the salty water, cost anywhere from $600 to $800. El Paso uses 360 RO membranes to run its plant. To extend the life from five to 12 years, utility employees figured out a system by checking salinity levels before extracting from a certain well. “When we first bring water in from the brackish wells, we know how salty each well is, so we try to bring in the wells that are less salty to not put the membranes under such stress,” he said. “It almost doubled the life of the membrane.” He added that this technique is also helping plant operators reduce energy consumption. Plant operators have adjusted salinity levels by blending the brackish groundwater with less salty water, which helps prevent pipe corrosion and clogging. Jessiel Acosta tests the water hardness of the raw water feeding into the Kay Bailey Hutchison Desalination Plant in El Paso on March 4. Credit: Justin Hamel for The Texas Tribune Their pipes are also now winterized. After the 2011 freeze, El Paso upgraded insulation and installed heat tape to protect equipment. As Texas moves forward with more desalination projects, Sepúlveda said the lessons from El Paso will be critical as more plants go online. “You always have to be forward-thinking. Always have to be innovative,” he said, as the machines buzzed in the background. “You always have to be on top of the latest technological improvements to be able to extract water from whatever scant resources you have.” Disclosure: Environmental Defense Fund, Rice University, Texas Tech University and University of Texas at El Paso have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. Tickets are on sale now for the 15th annual Texas Tribune Festival, Texas’ breakout ideas and politics event happening Nov. 13–15 in downtown Austin. Get tickets before May 1 and save big! TribFest 2025 is presented by JPMorganChase.

Water
Crisis
Conservation

A Byproduct of Manure Runoff Is Polluting Drinking Water in Thousands of US Communities, According to a New Report

Tens of millions of Americans have likely consumed drinking water containing cancer-causing chemicals that form when livestock manure and other organic substances end up in public water sources, according to a new analysis. Thousands of industrial-scale farms across the country spray manure from livestock onto farm or other lands, which then runs off into waterways. […]

The analysis, from the Environmental Working Group, takes a first-of-its-kind look at trihalomethanes, a contaminant linked to cancers and stillbirth.By Georgina GustinTens of millions of Americans have likely consumed drinking water containing cancer-causing chemicals that form when livestock manure and other organic substances end up in public water sources, according to a new analysis.

Water
Chemicals

US Regulators Finish Review of Hyundai Plant's Georgia Water Permit, Finding No Changes Needed

U.S. regulators have concluded a monthslong review of their environmental permit for Hyundai's $7.6 billion electric vehicle plant in Georgia, finding that no changes are needed

SAVANNAH, Ga. (AP) — U.S. regulators have concluded a monthslong review of their environmental permit for Hyundai’s $7.6 billion electric vehicle plant in Georgia, finding that no changes are needed. The Army Corps of Engineers agreed to revisit the permit last August after a conservation group threatened to sue. The Ogeechee Riverkeeper group said the agency failed to consider potential impacts to the region's main drinking water supply from the factory using up to 6.6 million gallons (25 million liters) daily.No revisions to the site's federal permit are needed, the Army Corps said in a March 25 memo to the Georgia Department of Economic Development and local economic developers that applied for the Hyundai project’s 2022 permit."The impacts on the environment as a result of this permit have been evaluated and found to be insignificant,” the agency's memo said.The Army Corps said it determined the EV plant would have “a long-term minor effect” on the area’s drinking water supply. That conclusion differs from the wording federal regulators used when assessing the original permit in 2022, when they concluded water supply impacts would be “negligible.”Hyundai began producing EVs just six months ago at the sprawling manufacturing plant in Bryan County west of Savannah, with 1,200 employees working at the site. Hyundai executives celebrated the plant's opening last month by announcing plans to expand its production capacity by two-thirds to a total of 500,000 vehicles per year.The Army Corps permit obtained by state and local economic developers authorized the filling or dredging of 221 acres (89 hectares) of wetlands at the plant site just a few months after Hyundai announced plans to build its EV factory in May 2022.The initial permit application made no mention of how much water the 2,900-acre (1,170-hectare) factory would use. The riverkeeper group has said it is concerned the plant's consumption could divert water from wells used by area farmers, as well as streams and wetlands.Ben Kirsch, legal director for the Ogeechee Riverkeeper, said the group has requested additional records from the Army Corps to better understand its conclusions and the wording changes regarding water impacts. “We do not yet know what, if any, ramifications will come from that,” Kirsch said in a statement. "Until we review that decision document, we cannot offer substantive comments, but we continue to monitor actions around this permit closely.”Bianca Johnson, a spokesperson for Hyundai's Georgia plant, said the automaker had no comment.State and local officials who recruited Hyundai to Georgia praised the Army Corps for the “thoroughness” of its permit review. The Georgia Department of Economic Development and the Savannah area's Joint Development Authority said in a statement that they “remain dedicated to supporting industry and agriculture while protecting and preserving the environment.”Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Feb. 2025

Water
Agriculture
Conservation

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Cave Keeper

Exploration and discovery define an aging caver's life who now works to preserve his fragile access.

Conservation
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Home Waters

Three high school girls trek 50 miles from Florida’s Rainbow Springs State Park to the Gulf of Mexico to explore the hidden rivers, springs, and forests in their backyards. Their journey covers an important, yet unprotected, area of the Florida Wildlife Corridor and helps connect the next generation to our last remaining wild places in the Sunshine State.

Water
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Youth

One Day We Will Dance With You

One Day We Will Dance with You tells the story of two women creating a dance to celebrate water. They imagine dance moves, and argue about science and whether a celebration can still be sad. As the community around them comes together to dance, they begin to imagine a future where the Water Molecule Dance and the celebration of water becomes a part of all our lives.

Dance
Science
Water

Death and the Dragon

The drought and the lack of water supplies in the capital city of Iran (Tehran), is a horrendous problem nowadays. The lakes of Tehran's area are all dried, some of the farmers have got to irrigate their farms by a kind of drainage to produce adequate harvest. This documentary proves that these problems have historical reasons and background in the political history of Iran in the last century. In addition to this historical and scientific view, The director shows that the fear of drought and famine in Iran is one of the major issues in Persian mythologies and legends. Narration of the film uses a poetic language to combine a mythological story about drought with the historical realities according to this specific topic: There's a dreadful dragon in Persian mythology, who is immortal and responsible for drought. Water crisis in Tehran contemporary history is a major problem too; and a dry land is a sign of the return of the dragon.

Water
Culture
Government

The Heart Whisperer

A childhood discovery inspires a woman to push the boundaries of our compassion in this true story. The esteemed Earthlings creator, Shaun Monson, weaves together archived news clips, never seen before arrest footage, and current interviews to tell this tale that crosses countries and decades. Cameo appearances by Joaquin Phoenix and other famous animal advocates.

Water
Energy
Waste

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