Texas/Oklahoma Saga Latest in U.S. Water Battles

We've discussed battles over water rights previously — and certainly will again. Last week, the U.S. Supreme Court basically told Texas it has no right to claim billions of gallons of water on the Oklahoma side of the Red River. The Court reinforced an existing compact between those two states, Arkansas and Louisiana. Stateline reports:

The U.S. Supreme Court Thursday unanimously rejected a Texas water district’s attempt to tap river water in Oklahoma, settling a dispute that raised questions about state sovereignty and natural resources at a time when water is increasingly scarce and fought over.

The ruling found that the Texas authority had no right to the water in question, despite a four-state pact designed to ensure equal access to the water that flows in the Red River. The Tarrant Regional Water District had filed a lawsuit in 2007 saying Texas was entitled to some 130 billion gallons of water on Oklahoma’s side of the river basin.

As Stateline previously reported, the questions at the heart of the case have taken on increasing importance as drought and water shortages have strained water supplies and relations among many western states.

The dispute was seen as a potential test case for states’ rights over natural resources, but it’s likely the effect will be narrow, Marguerite Chapman, a law professor at the University of Tulsa, said.

“I think it affirms the integrity of an interstate compact as essentially a contract,” she said. “I don’t think it will disturb other compacts…the far-reaching effect would essentially be affirming the language that’s in the contract.”

The case centered on the Red River Compact that was signed by Texas, Oklahoma, Arkansas and Louisiana and approved by Congress in 1980.

The compact grants the states “equal rights to the use and runoff” of undesignated, or unallocated, water that flows in the sub-basin where the Tarrant district is staking its claim — but only if flows to Louisiana and Arkansas reach a certain threshold.

“No state is entitled to more than 25 percent of the water,” the pact says.

The compact has been in place for decades, but Oklahoma lawmakers enacted a moratorium on cross-state transfers in 2002. When the original moratorium expired in 2009, the Oklahoma legislature overhauled the state’s permitting process to effectively exclude out-of-state applicants for water.

People for Urban Progress Helping Indy Reuse — and Rethink

Indianapolis has seen many changes in the past decade. But as old, beloved structures are torn down to make way for new ones, People for Urban Progress (PUP) believes that material need not be wasted. PUP drew attention from citizens and media alike for reusing the RCA Dome rooftop and fabric from Super Bowl promotions, and is now garnering recognition for repurposing seats from the old Bush Stadium. I sat down with PUP Development Innovator Amy Crook to discuss the non-profit organization — which considers itself a "do-tank" — and how it's working to change the capital city.

Chamber: Tell me about PUP. When and why did it start?

Amy: It was founded by Michael Bricker, our chief innovator, and his business partner in 2008. At the time, there was talk of imploding the RCA Dome and they had a natural curiosity about what would happen to that "white stuff" on the roof. They wondered, "Can it be used for something else?" They learned more about what could be done with it. So they salvaged it, and the plan at the time was to make 1,000 bags out of it and other products – wallets, clutches, messenger bags. They raised $70,000 in selling these goods. Half of that went to designers who made the products, and we partnered with RecycleForce … and then the rest of the money went toward projects. Through that project, we put up two shade structures in the community in partnership with Indianapolis Fabrications and Keep Indianapolis Beautiful.

Do any other major cities have similar organizations?

Not that are a not-for-profit model that we’re aware of. … We’re going through a strategic planning process right now, so we are looking at places like Goodwill and TOMS Shoes – and locally, you could say that we have a similar model as Freewheelin', which allows kids to work on repairing bikes, and when they work so many hours, they actually get a bike. The bikes they work on are purchased by the community to raise money for the organization.

How many people work here?

Jessica Bricker, our product designer, is closest to full-time, and she is Michael’s twin sister. Michael works 8-10 months for PUP, but he’s also a production designer for film projects and may be called away for a month or two. I work for PUP three days a week and also do freelance marketing on the side. All of our designers are contracted. There are five of them and they all have full-time jobs.

How are you funded? Do you work with government or via grants?

We’ve been predominantly funded by the sale of products. But this strategic planning is (supported by) the first official grant that we’ve gotten from the Lilly Endowment to help us go through the process. We’ve applied for other grants to help us with material processing. A lot of people are coming to us for these large-scale projects like we’ve already taken on, such as salvaging 13 acres of RCA Dome material, five miles of Super Bowl fabric and 9,000 Bush Stadium seats. There’s this space in the middle that you can’t take to the recycling center, but you can’t put in the landfill either, so we just want to be able to restructure to be able to say “yes” to accepting more materials and trust that we can get them back in the community in a unique way.

Is the city paying you to place some of these Bush Stadium seats at bus stops?

It’s a partnership with IndyGo. IndyGo has a budget per seat amenity, and we’re raising sponsorship dollars for the other half. During the Seat Salvage Phase of the project, we had raised $10,000 from (four) funders to help us get more seats out with the tight deadline: Lumina Foundation, Central Indiana Community Foundation, Eskenazi Health and a private funder.

What’s the greatest challenge facing Indy right now that you’re working to solve, big picture-wise?

Our mission is promoting public transit, environment and design, and based on our research and conversations in the community and with community leaders, urban design and aesthetics have come out of that – an educational effort about what is good design. Michael is also co-chair of the Indy Rezone steering committee.

Transit is also important, of course. Since 2008, we’ve been working on getting a car sharing program started. And then there’s an environmental component – just being good stewards to the earth. The Indianapolis Symphony Orchestra is going to be replacing their seats in June, and this has been the first project where people really think of us and contact us in advance to create a plan. Whereas with the dome and other projects, we found out late and then had to figure it out. But now people are talking with us to come up with plans, so they don’t have to scrap this stuff or throw it in a landfill.

Tell us about this Make 5X5 contest you just held.

The 5X5 Indianapolis arts and innovation came out of the Central Indiana Community Foundation (CICF). The first one was hosted by Big Car, and we hosted the second one. The next one will be IndyHub. (CICF) came to us and gave us a budget to throw an event based on a theme, and we asked for five organizations to present a five-minute pitch on five slides, and the winner would get $10,000. So our theme was “Making.”

(The winner was the Cool Bus, which will serve as a literary center for children.)

What are some challenges in keeping an organization like this going, in accomplishing your goals?

We’re moving forward and there are some capacity issues, and if we had more people involved or more financial resources, we’d be able to get this stuff out in the community more quickly. But there is progress being made and we’ll be able to have a bigger impact.

Our strategic plan is called “Doing Things.” We took a risk and started this thing and we’re still here and making it happen; let’s take the next steps and create something other people can replicate. We’re keeping an eye on Minneapolis and Atlanta, where they have Teflon-coated fiberglass as their stadium rooftops. We don’t necessarily want to acquire that material, but we know what you can do with it so we want to have a seat at the table and help them find ways to use it in the community and process that material.

You support the mass transit initiative in Indianapolis. Why is that important?

All the articles I’ve been reading now about millenials and Gen Y, we aren’t all going to be homeowners and two-car families. Our salaries aren’t as grand, and our stability in our positions is different. But you’d be surprised, this generation is one of the smartest generations and they are spending within their means. They’re not buying fancy cars; they’d rather cut back and invest in their art, or having children – and invest in that versus things. A strong transit system would help foster that way of living. If you’re having children and you need two cars, and you don’t have a supplemental transit option, you’ll lose people and they’ll go somewhere where they don’t need a car. Our generation travels and experiences other cities, so when you see another city where travel is more efficient, you think about that.

For myself, in my first couple of jobs I was driving 45 minutes to work and back. Now I have a 1.5-mile walk to work. Once you try that, you don’t go back.

You think this type of organization would succeed in any other cities in Indiana?

We were just talking about Bloomington today and its new transit center, wondering how we could get some PUP seats there. While our mission statement is directly for Indianapolis, we’d like to see mini-PUPs, or people can come to us for a resource and we may have experience to help you do something in your community. Maybe it doesn’t have to be a full-time thing. We started with everyone doing this on the side. If there are seats being removed from a stadium or banners that need to be recycled, you can do that and we could consult about how to re-use those materials.

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Check Out the Chamber’s Issue Pages

Do you have a topic you're passionate about, and would like to know what the Indiana Chamber is working on in that area? We've developed some web pages highlighting key issues that will show you what we're focused on and offer some background on our public policies. See the pages below, and more information will be added weekly to these as the session progresses.

https://www.indianachamber.com/education
https://www.indianachamber.com/tax
https://www.indianachamber.com/healthcare
https://www.indianachamber.com/econdev
https://www.indianachamber.com/labor
https://www.indianachamber.com/environment
https://www.indianachamber.com/localgov
https://www.indianachamber.com/federal

Our 2013 Top Legislative Priorities and Legislative Business Issues documents are also available to view.

Griffin: Indiana Air Cleaner Than Decades Ago

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Indiana Chamber VP of Environment & Energy Vince Griffin discusses the state of Indiana’s water and air. You may be pleasantly surprised to hear how it compares to previous generations. For more, visit www.indianachamber.com/environment.

BSU Report: Indoor Environments Can Trigger Migraines in Workers

A new study from Ball State University reveals that migraine sufferers can have enhanced headaches due to indoor environments. It’s important that employers take this into consideration — especially if many of your staffers are inexplicably taking many sick days.

Office workers may suffer more intense migraines and more frequent headaches due to an uncomfortable indoor environment, more commonly known as sick building syndrome, says a new report from Ball State University.
 
"Headache symptoms and indoor environmental parameters: Results from the EPA BASE study" found employees working indoors may become sick due to abnormal levels of carbon monoxide, carbon dioxide, volatile organic compounds, light, humidity, temperature and sound.

The study found that when exposed to an uncomfortable indoor environment, 38 percent of participants reported having a headache one to three days a month while nearly 8 percent had daily headaches, said Jagdish Khubchandani, a community health education professor in Ball State’s Department of Physiology and Health Science. He conducted the study with Suchismita Bhattacharjee, a professor of construction management in the Department of Technology at Ball State.

"Millions of Americans and people worldwide are affected by migraines and headaches, mostly during the highly productive years of their lives," said Khubchandani, who also is a faculty fellow with the university’s Global Health Institute.. "Migraines and headaches lead to significant decline in quality of life, productivity and daily functioning."

Produced only once by the Environmental Protection Agency, this was a multicenter cross-sectional study of 4,326 office workers employed in 100 randomly selected large office buildings across the country. The largest study of its kind used the data collected by EPA for the Building Assessment Survey and Evaluation (BASE) study during 1994-1998. Results were recently published by the Annals of Indian Academy of Neurology.
As a result of the research, the authors found:

  • Females were more likely to report a headache in the last four weeks when compared to males (75 percent vs. 53 percent).

  • About 21 percent of employees admitted that a physician had diagnosed them with migraines. Females (27 percent) were significantly more likely than males (11 percent) to report a migraine diagnosis.

  • The highest levels of migraine diagnosis were for employees exposed to out-of-comfort range carbon monoxide and carbon dioxide in their office buildings.

  • Exposure to out-of-comfort range indoor environmental parameters was higher in groups that reported higher headache frequencies.

Because headaches related to office environment lead to loss of workdays and decrease productivity, the authors recommend that building managers implement effective intervention strategies to reduce the prevalence of headaches and other symptoms of sick building syndrome.

"Collection of periodic data on indoor environmental parameters should become a universal practice, and based on the data, a health risk management plan for the occupants should be designed," Bhattacharjee said. "Reviewing operation and maintenance of heating, ventilation and air conditioning systems should be made an integral part of the strategies to reduce harmful worksite exposures."

State Rep Leading Charge for Natural Gas

Did you see gasoline prices at the pump hit almost $4 recently? Earlier in the year experts projected that we’d see it go as high as $5 this summer – and summer is definitely not over.

Depending on how often you fill your gas tank, driving back and forth to work, the grocery store, daycare – just the basics – can add up quickly. (We budget at least $300 a month for gasoline in our household, with only one car and a small child keeping us at home most evenings.)

Imagine having a fleet of vehicles that have massive tanks to fill (dump trucks, ambulances, school buses, tractor trailers, snowplows). That would add up quickly – and does – for the state of Indiana and public and private businesses of all types here. 

The point is: gas is expensive; diesel is expensive. And, neither are the cleanest fuel options available. But, is there another legitimate option? Possibly.

State Rep. Randy Frye (R-Greensburg) is leading the charge for compressed natural gas as an alternative. During the recent Clean Energy Summit held at the Indiana Chamber of Commerce, Frye invited Greater Indiana Clean Cities Coalition Executive Director Kellie Walsh to present information to a group that included representatives from a number of utility and energy organizations.

Walsh’s presentation highlighted the fact that 80-90% of natural gas is produced domestically. 

Some other interesting facts:

  • Natural gas is not a threat to soil, surface water or groundwater; its nontoxic, noncorrosive and non-carcinogenic
  • It has lower ozone-forming emissions than gasoline
  • Most natural gas is drawn from wells or in conjunction with crude oil production and can come from subsurface porous rock and shale
  • Natural gas powers about 112,000 vehicles in the country and roughly 14.8 million worldwide and has been used as a transportation fuel for over 30 years
  • Compressed natural gas and liquefied natural gas are considered alternative fuels under the Energy Policy Act of 1992

Frye told Inside INdiana Business with Gerry Dick that the state could save around $200 million in fuel costs over a 10-year period by switching vehicles to compressed natural gas. He intends to work on legislation to incentivize the switch, he says.

While the natural gas seems to be there for the taking, there is not much infrastructure in place to support it: filling stations would have to be built; fleets would need to be retrofitted with natural gas engines (which Cummins makes already, by the way).

This just scratches the surface of the positives and negatives of natural gas; most likely it will be a story that we follow in the near future.  

Good Hoosier News in the Air

On a somewhat regular basis, a state or national group will release a report that is critical of Indiana’s air quality. Typically, those efforts involve what we will call "creative twists" to the data.

Keith Baugues, assistant commissioner of IDEM’s Office of Air Quality, utilized that same Environmental Protection Agency data and developed a first-of-its-kind study titled States’ View of the Air — 2012. The very good news: All Indiana areas meet the federal standards. What that means is business and industry development can take place throughout the state and not be limited by a lack of air quality attainment.

Baugues worked for EPA for nine years and has authored more than 60 articles on air quality. He joined IDEM in 2010. The comprehensive report covers all 50 states.

Why is this so important? Because the public often has the impression that our air is “dirty” with that opinion coming from the continued tightening of the already very restrictive air quality standards. The “lowering the limbo bar" not only stimulates that faulty thought process but is often very costly with little or no benefit to our environment or public health.

A few highlights and comments below from IDEM, with the full report available online. In addition, the Chamber’s November-December BizVoice magazine published an analysis of Indiana’s environment sub-titled It’s Much Cleaner Than You Might Realize.

Ground-level ozone and airborne particles are two pollutants that pose the greatest threat to human health in this country. The United States Environmental Protection Agency (U.S. EPA) establishes health standards that all states follow. The standards have become more and more protective in recent years. The data used for the IDEM report comes from air monitors used by state government agencies, including IDEM, and U.S. EPA to do annual assessments on these pollutants under the most current standards.

For each area contained in the report, pollutant concentrations were averaged to determine the average quality of the air that people are breathing. Population density was factored into the grading system to reflect the greater potential for negative public health impacts in areas where many people live and work. The IDEM report also includes information about at-risk groups in all states.

All regions of Indiana meet U.S. EPA’s current ozone standard, as well as U.S. EPA’s annual and daily standards for fine particles. Under the population weighted average used for the States’ View of the Air – 2012 report, areas meeting the federally-based air quality standard are given a C. To earn a C, the area must be better than the standard by up to 10 percent. Those areas that are better by more than 10 but less than 20 percent earn a B, and areas better by more than 20 percent receive an A. All Indiana counties included in the report received Bs and Cs for ozone, and As and Bs for fine particle pollution.

To assess air quality, air monitors are located in urban and rural areas to watch for pollutants. Regulations implemented in recent years have significantly reduced pollutants from industry. Cleaner fuel and engine standards have significantly reduced harmful vehicle emissions, which contribute significantly to the level of pollution that is generated locally.

“Our air is healthy. Hoosiers can be proud that Indiana has made great progress toward cleaner air and achieved the fine particle and ozone standards in all regions of our state,” said IDEM Commissioner Thomas Easterly. “As government, industry, communities and special interest groups work together to meet future, more stringent air quality standards, it’s important for us to have accurate information about air quality. The States’ View of the Air – 2012 report provides accurate, understandable information.”

Canada Moving Forward After Pipeline Rejection

The January decision by the Obama administration to reject the Keystone XL pipeline drew plenty of criticism in the United States. Canadian officials, while accepting the explanation offered, are concerned, and they are not sitting back and waiting for a potential change of course from their southern neighbors.

Roy Norton, Consul General of Canada, spent last week at meetings and events in Indiana. Norton is responsible for Canadian interests in trade, investment, the environment and more in Indiana, Michigan, Ohio and Kentucky. Norton provided his analysis of the Washington rejection of the pipeline that would transport oil resources from the tar sands of Alberta province to the U.S. gulf coast.

Norton says Canadians are “disposed to take at face value the assurances that President Obama offered Prime Minister (Stephen) Harper that this was a process-related issue, not a substantive decision.” In other words, Obama cited additional environmental review due to Nebraska seeking a rerouting of the pipeline and a deadline set by Congress as the reasons for the rejection at this time.

Although TransCanada, the energy infrastructure company behind the pipeline, has indicated it will reapply for a U.S permit, Norton described the significance of the relationship between the two countries and the next steps for Canada that are already in progress.

“There is concern. Ever since NAFTA (the North American Free Trade Agreement), our resources have been predicated on the notion that we would develop them to export them to you (the U.S.), and 99% of Canadian oil exports have come to the United States. The entire industry has been organized on a principle that suddenly may seem in question: Does the United States continue to want that oil? And if you don’t, we’re not going to just stop developing it.

“The prime minister made clear, in a little jocular way, that we’re not a northern national park for the United States.” Norton continues. “We’re a G7 country with an industrial economy. We happen to sit on the third largest reserve of oil after Saudi Arabia and Venezuela. Ours, other than the U.S., is the only one (oil supply) not government controlled; it’s total private sector investment.”

Harper traveled to Asia earlier this month and entered into an agreement on energy cooperation with the Chinese.

“Our objective, very much,” Norton adds, “is to build a pipeline to (our) West Coast and to be able to sell oil to China, Japan, whoever. Two or three years ago, the prime minister said Canada is an emerging energy superpower. Somebody challenged that and said you can’t be a superpower if you have only one market. So, in business terms, it’s probably true that it’s prudent for us to have more than one market. So we will seek to diversify.”

Norton closes with some of the numbers related to Canadian oil production and potential benefits for the U.S. and Indiana from the proposed pipeline:

  • Sixty cents of every dollar invested in the Alberta oil sands come back to the United States in consumption. “You benefit more from Canadian resource development than you benefit as a country from resource development (anywhere else).”
  • Currently, $160 billion in private sector investment is underway to take production of the oil sands from two billion barrels a day to three and a half billion barrels a day.
  • That increase, with the pipeline, could create “in the order of 343,000 jobs in the United States, 7,500 of those in Indiana” – citing Caterpillar and dozens of other Indiana operations that currently or would supply the oil production and the pipeline.

The Chamber’s May-June BizVoice® magazine will have more from Norton on issues important to Indiana and his country.

Who is “LEEDing” the Way?

Put "green" and "government" in the same sentence and the story is usually about funding fights in our nation’s capital. In this case, Washington, D.C. has been recognized as having the most LEED-certified green buildings per capita. More than 100 are used by the federal government. Colorado is the top state. Governing reports: 

The District of Columbia and Colorado have the most LEED-certified commercial and institutional green buildings per capita in the United States, according to a report released Thursday by the U.S. Green Building Council (USGBC).

D.C. easily led the nation with 31.5-square-feet of LEED-certified space per capita as of 2011, according to the report. The council highlighted the renovation of the U.S. Treasury Building, which became the oldest LEED-certified building in the country, as an example of the city’s work toward becoming a more sustainable community. More than 100 D.C. buildings used by the federal government are LEED-certified, according to a complete list of LEED projects in the United States provided by the USGBC, along with dozens of local government, private and non-profit buildings.

The city’s green-building efforts began in 2006, when the city council passed a bill requiring that all publicly-owned commercial projects be LEED-certified, according to a USGBC database of policies in all 50 states. D.C. also initiated an incentive program in 2009 for private and residential buildings to pursue LEED certification.

"This is a great accomplishment for the D.C. metropolitan region and a testament to the drive, commitment and leadership of all those who live, work and play in our community," Mike Babcock, board chair of the National Capital Region Chapter of USGBC, said in a statement. "We also realize there is still more to do and hope to effectively guide the effort by engaging, educating and encouraging the dialogue around the value of sustainability."

Colorado ranked as the top state with 2.74 square-feet of LEED space per resident. Former Gov. Bill Owens issued an executive order in 2005 requiring that all state buildings be LEED-certified, according to the USGBC. Former Gov. Bill Ritter signed legislation in 2007 that required any project receiving 25 percent or more of its funding from the state to be designed and built to high-performance green-building standards, such as LEED. Numerous municipalities, including Denver, have adopted their own green-building statutes.

Illinois (2.69 sq. ft. per capita), Virginia (2.42), Washington (2.18) and Maryland (2.07) rounded out the top five. Delaware (0.03), West Virginia (0.14) and Mississippi (0.21) sat at the bottom.

"Our local green building chapters from around the country have been instrumental in accelerating the adoption of green building policies and initiatives that drive construction locally," Rick Fedrizzi, president and CEO of the USGBC, said in a statement. "These states should be recognized for working to reinvent their local building landscapes with buildings that enliven and bolster the health of our environment, communities and local economies."

Ball State Geothermal Project Heats Up Reputation Even More

Considering my boss is a proud Ball State alum (actually, both of my bosses are) and he’s editor of BizVoice magazine, it’s no wonder I’ve gotten quite a few Cardinal-oriented story assignments in the last few years. However, the writing has really opened my eyes as to what an innovative institution the state has up in Muncie. While Ball State’s main claims to fame center around telecommunications and technology, their latest endeavor is in the field of on-campus energy production. Here’s text from a release from the school on its new geothermal program, and you can also read about its early stages in the July/August 2009 BizVoice:

In the shadow of two outdated smokestacks and four antiquated coal-fired boilers, Ball State has started the second and final phase of converting the university to a geothermal ground-source heat pump system – the largest project of its kind in the United States.

The conversion, started in 2009 to replace the coal boilers, now provides heating and cooling to nearly half the campus. This phase of the project will be dedicated in March.

When the system is complete, the shift from fossil fuels to a renewable energy source will reduce the university’s carbon footprint by nearly half while saving $2 million a year in operating costs.

Ball State is installing a vertical, closed-loop district system that uses only fresh water. The system uses the Earth’s ability to store heat in the ground and water thermal masses. A geothermal heat pump uses the Earth as either a heat source, when operating in heating mode, or a heat sink, when operating in cooling mode.

Under the direction of Jim Lowe, director of engineering, construction and operations, work has begun on Phase 2, which includes installation of 780 of the remaining 1,800 boreholes in a field on the south area of campus.

Construction will continue throughout 2013-2014 and will include a new District Energy Station South containing two 2,500-ton heat pump chillers and a hot water loop around the south portion of campus. The system will then connect to all buildings on campus – eventually providing heating and cooling to 5.5 million square feet.

"When costs began to escalate for the installation of a new fossil fuel burning boiler, the university began to evaluate other renewable energy options," Lowe says. "This led to the decision to convert the campus to a more efficient geothermal-based heating and cooling system."

The project has caught the attention of universities and communities across the nation. Lowe is sharing information about the university’s new operation with others who want learn how they too can benefit from a geothermal system.