Chute n the Bull

In April 2009, I attended a meeting at which water issues were the central theme. There were several farmers and ranchers in attendance who did not realize that they should have a water permit for their wells or the streams/rivers from which irrigation was being used. So what is the law in Oklahoma and Texas related to water rights, and do you need a permit for your operation? These issues were covered at the meeting, but may not be widely disseminated to agriculture producers so the answers may be beneficial to some of you.
Who owns the water? In both Oklahoma and Texas, surface water (streams, creeks and rivers) is the property of the state. The use of this water requires a water permit. With a permit, water can be used for irrigation on a use-it or lose-it rule. In Oklahoma, you have seven years to set your baseline usage, and, in Texas, you have 10 years. The baseline is the highest level of water usage in one year during a preset period. If you are using less water than you were permitted, then the remainder of the water can be reallocated to another permit holder of the state's choice.
Groundwater, on the other hand, is owned by the property owner. In Oklahoma, property owners are allowed domestic use of the water without a water permit. Domestic use is defined as water used for household purposes, watering for domestic animals and gardens/orchards of no more than three acres in size. You are allowed to use up to two acre-feet (651,702 gallons) per year. If you are irrigating anything larger than three acres or using more than two acre-feet of water, then you are required to file for a water permit. With the permit, you can be permitted to pump up to two acre-feet of water per acre of land that you own or lease, unless you are in a sensitive aquifer (Arbuckle-Simpson) area. In Texas, groundwater is also owned by the landowner. Unless you own land in an area in which water is controlled by a conservation district, there are currently no restraints on the amount of water that can be pumped, as long as it is from beneath your land and not adjacent land. If, however, you are located in one of the conservation districts, such as the Upper Trinity Groundwater Conservation District (Montague, Parker, Wise and Hood Counties), then you are required to have a permit to pump more than two acre-feet of water per year.
If you are irrigating without a water permit or are thinking about drilling a well or using a stream/river to irrigate, it would be in your best interest to inquire about the need for a water permit. This will ensure that the amount of water that you use will be on record if the state ever begins a strict regulation policy. According to the rules of both states, the permits are on a first-come, first-served basis. Extension programs serve of all ages regardless of socioeconomic level, race, color, sex, religion, disability, or national origin. The Texas A&M University
System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas Cooperatings serve of all ages regardless of socioeconomic level, race, color, sex, religion, disability, or national origin. The TeAgriculture, and the County Commissioners Courts of Texas Cooperating



Thank you,
Tommy Neyland
County Extension Agent
Texas Agrilife Extension Service
P.O. Box 188
Centerville, Texas 75833
903.536.2531 phone
903.536.3804 fax

Chute N The Bull

There has been substantial discussion and debate among lawmakers about the implementation of a cap-and-trade (CAT) policy as a means to mitigate the level of greenhouse gas (GHG) emissions in the United States. According to the Environmental Protection Agency, CAT is an environmental policy tool that will reduce GHG emissions by placing a mandatory cap on the level of carbon dioxide and/or carbon dioxide equivalents (e.g., methane and chlorofluorocarbons) that industries emit, while at the same time providing flexibility in how they comply. In response to the increase in political support for a cap-and-trade policy, agricultural producers and landowners have increased their interest in understanding how the CAT policy might affect their operations. The purpose of this article is to provide a brief overview of this subject.
In the current version of the proposed CAT legislation, production agriculture is exempt from the restrictions associated with the program. As a result, farmers and ranchers will not be required to track and/or offset their greenhouse gas emissions. Instead, CAT is being proposed as a means for landowners to generate substantial economic benefit from selling carbon offsets they can accumulate by participating in one of four soil- and/or forest-based carbon sequestration programs. These programs include:
1. adoption of conservation tillage practices such as no-till and strip-till in place of intensive practices commonly used;
2. permanent establishment of grassland or pastureland;
3. adoption of established native range management practices; and
4. establishment of trees on land previously used for non-forestry activities (i.e., afforestation) or reestablishment of trees on lands that were previously forested (i.e., reforestation).
Participation in one or more of these programs requires landowners to verify that the sequestration of carbon dioxide is occurring or has occurred according to criteria established by the program. Verification of a sustainable management plan for any of the four methods must be provided through a third-party process. Currently, arrangements for the third-party verification processes are being managed by aggregators who serve as legal brokers between landowners who wish to sell carbon offsets and industries who wish to purchase offsets. Currently, aggregators are assessing an average fee of 20 percent of the per-acre carbon payment for their services and require landowners to enter their carbon offsets into a long-term contract, typically five to seven years.
Proponents of CAT have affirmed that if the policy is passed into law then carbon offset credits would have a price range somewhere between $20 and $50 per metric ton. Although it is difficult to determine today what the price of carbon will be in the future, we point out that on April 29, 2009, the 2010 futures price of carbon offset reported by the Chicago Climate Exchange (CCX) traded at $1.60 per metric ton. Sequestered carbon allowances vary by program type and location, and have been set by the CCX. Depending upon the program and the region, carbon allowances range from a low of 0.2 tons per acre for the conservation tillage program to a high of 2.6 metric tons per acre for a forest-based program. Based on the allowances and price information reported by CCX, we have calculated per-acre annual payment to landowners for carbon sequestered for each of the four carbon sequestration programs. This information is provided in the accompanying table. Landowners can use this information to help them decide whether or not they should consider entering into a contract arrangement with an aggregator to sell carbon on the Chicago Climate Exchange. You can find this and past articles on the web at www.mycountrytractor.com for your reference. Extension programs serve of all ages regardless of socioeconomic level, race, color, sex, religion, disability, or national origin. The Texas A&M University System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas Cooperatings serve of all ages regardless of socioeconomic level, race, color, sex, religion, disability, or national origin. The Texas A&M University System, U.S. Department of Agriculture, and the County Commissioners Courts of Texas Cooperating


Thank you,
Tommy Neyland
County Extension Agent
Texas Agrilife Extension Service
P.O. Box 188
Centerville, Texas 75833
903.536.2531 phone
903.536.3804 fax

Chute N The Bull

Most of the weeds that are present in your pastures as we approach
summer will probably be perennials plus some annuals that you missed
with your initial chemical application (if there was one). The
transition from spring to summer is the right time of year for brush
control, as long as the weather is good.
Some of the brush control herbicides we recommend during the late
spring-early summer period can move in the soil during wet conditions,
so keep this in mind when spraying near desired trees and plants. Remedy™
is a brush control herbicide that doesn't have soil activity, so we
don't worry about it moving in the soil. For the weeds in the pastures,
the spring-summer transition is the time to consider herbicide
applications on horsenettle, silverleaf nightshade, bull nettle,
blackberries, Johnsongrass and sericea lespedeza. Sericea lespedeza
should be controlled as soon as you discover it in your pastures.
Oklahoma State University has shown that Remedy™ or Pasturegard™ applied
to actively growing plants in June or early July when soil moisture was
adequate for plant growth provided excellent control. Another option
would be Cimarron™ applied in September during midbloom of the sericea,
again where plants are actively growing. Remember that the blackberries,
horsenettle and silverleaf nightshade should be sprayed when they are in
the bloom stage of development since these are perennial plants. The
highest flow of carbohydrates from the shoots to the roots occurs during
the bloom stage. The goal is to move as much herbicide as possible to
the roots, killing them and preventing them from visiting our pastures
next year. By the beginning of summer, any annuals you have in your
pastures have already done most of their damage for the year and are
likely to be too mature to control.
By June, you've probably missed controlling weeds for the year, except
for those listed above. Take a summer "weed census" of your pasture so
that you know what you'll need to control next spring. You can find
this and past articles on the web at www.mycountrytractor.com for your
reference. Extension programs serve of all ages regardless of
socioeconomic level, race, color, sex, religion, disability, or national
origin. The Texas A&M University System, U.S. Department of
Agriculture, and the County Commissioners Courts of Texas Cooperatings
serve of all ages regardless of socioeconomic level, race, color, sex,
religion, disability, or national origin. The Texas A&M University
System, U.S. Department of Agriculture, and the County Commissioners
Courts of Texas Cooperating


Thank you,
Tommy Neyland
County Extension Agent
Texas Agrilife Extension Service
P.O. Box 188
Centerville, Texas 75833
903.536.2531 phone
903.536.3804 fax