Ponds and Lakes – Take advantage of the drought by renovating lake basins, or deepening ponds and improving your dams.  You may not have this much dry dirt in your wet soil areas for quite some time, as it doesn’t appear that the drought has truly left most parts of Texas yet.  Some of our contacts are kicking themselves for not doing this work in the 2011 summer, so you may still have a chance before this fall to get to work.

Bass – With water levels down, this is an excellent time to contact a fish biologist to perform a survey of your lake with a shocking boat.  It is often difficult to get a good survey outside of the spawning season, when fish are normally in shallower water, and even then the fish often are able to avoid the shocking boats with access to water deeper than the needed range of about 8 feet. With a more shallow lake, you will be able to get a better survey and fish count.  Better yet, you can also use this time to harvest excess numbers of bass in your lake to allow for a healthier population number, which will result in larger body weights for your fish. This is also a good time to remove any unwanted fish species from the water by shocking and removing them with a net.

It is good to note, too, that some non-aquatic plants will grow in dry soils around the edges of a lake or pond, and this is usually a positive. These plant species do not normally grow under water, so now that they are coming up, you should know that diverse plants like willows and other hardy species, when flooded with resuming water levels, will provide some excellent cover for spawning bass and newly hatched fry in the spring time.

One last good result of lower water levels is that the forage fish you may have in the lake such as minnows, bluegill, or shad will temporarily be more accessible to the predator fish.  Your bass and crappie should put on some good extra weight without having to hunt too hard for their food right now.

Ducks – A dry shoreline or a marsh area that is a few feet low (or even dry) right now offers a good time to consider some shredding of excessive plant growth to clear a wading area, and/or get in there with your discing equipment and plant a food base such as Japanese millet or barnyard grass.  These can only be planted when the soils are not underwater, and they will provide some excellent forage for wintering waterfowl upon their arrival.

We can assist you with any of these summer time low-water procedures, and recommend a local wildlife or fish biologist in your area who can help.

After first stating that I am not an attorney or an expert in water law, I will try to convey my assessment and opinion as to what the decision means to each of us today.  To start, it appears that all of the experts I heard are in agreement that we will not be able to answer what it all means for another decade or so.

That being said, there are some key outcomes that are meaningful to recognize:

1) Per the Supreme Court Decision in the “Day Case” (and the language in SB 332 passed in the most recent Texas Legislative Session), a landowner owns the groundwater under his or her property “in place”, just like oil & gas, subject to legal drainage and the local GCD (Groundwater Conservation District) rules based on relevant factors, including fair share and beneficial use.  It is plain to see that things can get complicated as fair share and beneficial use get defined, but at least the foundation of groundwater ownership is now firmly in place

2) Unreasonable regulations or rules imposed by a local GCD (or the EAA) may lead to a non-frivolous takings claim.  Of course, the courts will ultimately decide what is unreasonable and has resulted in an illegal taking.  Potential takings claims may arise in several ways including:

• A new applicant is denied a permit,
• An existing permittee’s allowable volume is reduced due to new permit being issued to another party,
• A claim requesting water replacement after drainage takes place (districts commonly use well spacing and minimum acreages to avoid drainage issues),
• Establishment of fair share rules,
• Definition of beneficial uses.

3) The Day Case involved the Edwards Aquifer Authority that was created by the Texas Legislature by passage of the Edwards Aquifer Authority Act.  The Act, a landmark legislation adopted by Texas lawmakers in 1993 and put into effect in 1996, created the Authority as a special groundwater district with the purpose to manage and regulate the San Antonio segment of the Balcones Fault Zone Edwards Aquifer, more commonly referred to as the Edwards Aquifer. As a result, the Authority is responsible for a jurisdictional area that spans 8,800 square miles across eight counties in south-central Texas, including all of Uvalde, Medina, and Bexar counties, plus portions of Atascosa, Caldwell, Guadalupe, Comal, and Hays counties.  What this means is that GCD’s statewide don’t operate under exactly the same statutory laws as the EAA.

4) Any “Day Case” spillover to the local GCD’s is expected to be minimal until someone files a substantial lawsuit and a final outcomes are determined by the courts…years down road.

5) The ruling and referenced legislation has clarified the previous uncertainty, for some, surrounding one’s legal ability to buy and sell groundwater rights by providing more clarity; severing of those rights by a surface owner can now be done with certainty.

6) One interesting side note that there seems to be some confusion about is that the oil & gas exemption for water use is specifically for exploration, not production.  Not all oil & gas groundwater use is statutorily exempt.  The obvious question of whether “fracking” is an exploration or production activity has not yet been defined.

In summary, the Day Case confirmed groundwater ownership by the surface owner; however, it is important to recognize that permitting decisions and the definitions of fair share and beneficial use will still result in further court decisions and an estimated decade before we have profound clarity on these issues.

Disclaimer:

The information contained herein represents the understanding, opinions and assessments of the author and should not be considered legally conclusive or expert opinion. Republic Ranches, LLC and its principals, members, officers, associates, agents and employees cannot guarantee the accuracy of such information.

Desired fawn cover consists of grass, ”shin-high” or taller. Research has shown that around 90% of does, 3 years and older, in a healthy white-tailed deer herd will be carrying twins.  Average fawn survival rates across Texas can range from less than 10% or as high as 125% in the fall at weaning time. This large variation in fawn survival is directly related to the amount and stature of fawn cover. When fawns are born, the mother cleans the birth residue from the fawns and within hours separates them. This strategy increases the chance of survival from predation. If the fawns are separate, the odds are greater that an opportunistic predator will not find both offspring. The mother will keep the fawns separate for several weeks or until they are mature enough to “keep up” with her. Their survival is dependent on staying still and remaining undetected by predators. On bare ground or in insufficient cover they are easy prey and have a low chance of survival.

Due to unpredictable rainfall, now is the time to plan to save some grass or promote grass growth for necessary fawn cover during June, July, and August. One needs to plan for areas they will defer from grazing and shredding from late April or early May throughout the summer. Large blocks or entire pastures are ideal.  The more abundant the cover, the closer together (although still adequately separated) the mother will be able to keep the fawns. This allows her to feed and clean the fawns on a regular basis.  A fawn that goes too long between feedings and becomes hungry is likely to stand up and move in search of food resulting in “bleating” or crying out, which dramatically increases the chance of detection by lurking predators. By the way, if you like to call for predators, try the “fawn bleating” call during fawning season. It can be very effective.

This particular year provided good winter and spring moisture. Since this followed an extended drought, the pre-moisture range conditions consisted of a high percentage of bare ground. This resulted in great weed and forb production which is great for wildlife nutrition. However, these weeds will suppress some of the grass growth, so as some of the weeds mature and go to seed, it may be necessary consider shredding areas to help promote the grasses.

Every fall I get asked what kind of hunting season will we have. My response is always the same, “How many buck fawns did you have 5 and 6 years ago?”  If you didn’t raise any fawns, you won’t have any mature bucks to hunt. It’s that simple. You can make a difference. Don’t overgraze and pray for rain.

As a prospective buyer the two most important factors in choosing a piece of land will be the suitability of the soil to hold water, and the availability of water to add to the created wetland.

Many areas of Texas do not have soil that is capable of holding water for an extended period of time.  While for smaller ponds, there are solutions such as bentonite that may be added to the soil to aid in holding water, wetlands typically cover a much larger area than ponds making bentonite prohibitively expensive.  You can go to http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx and determine the soils ability to hold water on any piece of land in the State.

Access to a source of water to add to the wetlands in times of drought is also critical in Texas.  While wetland units may be built without supplemental water, this lack will cause many seasons of lost productivity when the rains do not come.  In addition, many of the programs for landowner financial aid in building the wetlands will give precedence and will pay a higher percentage of the cost of construction if a water source is available to ensure water every winter.  Certain areas of Texas may have water canal systems available to purchase water, however these areas tend to be limited to the middle and upper coast of the State.  Most water sources will come from groundwater so it is important to find out how much water can be pumped and the cost of a well to drill if one is not already available.  As an example to consider, a 50 acre wetland unit that average 18” in depth would take 75 acre feet of water to fill.  If one wished to fill the unit in a two-week period the well production would have to be approximately 1,200 gpm.

Once you have determined that a wetland on your property will be feasible, or found a new piece of property that fits the criteria for putting in a wetland, your next step is to contact one of the myriads of groups that will offer assistance in your endeavor.  Ducks Unlimited works through several programs with State and Federal authorities and are the most often used group by private landowners in Texas to put in wetlands.  Calling the D.U. field office in Richmond is a good place to start (832) 595-0663.   Many of their programs will reimburse landowners up to 75% of construction costs of building wetlands and in cases where there is supplemental water they may reimburse 100% of the costs.

You can also contact your local Texas Parks & Wildlife Department office, local FSA office and local NRCS office to find out other programs that may fit the criteria for enhancing wetlands on your property.  Each of these groups has programs that offer financial and technical assistance in putting a program in place.

Once you have created wetlands on your property, management of the land is integral in maintaining a vibrant system that will attract wildlife on a continuing basis.  This will require manipulation of the water levels, prescribed burns and ground disturbance (disking) to be sure that prime moist soil plants will dominate your wetland unit.  Learn to identify plant species that will be most favored by waterfowl such as smartweed, barnyard grass and sprangletop and develop techniques that will encourage them over less favored plants that can push out these desired species.  Again, the technical assistance that you will find through the groups contacted will be invaluable in maintaining your wetland.

With the exception of some deep South Texas and far West Texas properties, much of our State is suitable for building wetland units.  The type and size of wetland units will change depending on many factors over the geography of the State, but the creation of wetlands on your property will greatly enhance the value of the place and will improve its attractiveness to all wildlife, not just waterfowl.  There are few arguments for not taking advantage of the great help that is offered in Texas for building these units and the rewards of bettering your ranch for increased recreational value.

The decline of  Bobwhites in Texas has been most dramatic in East Texas, the Gulf Coast Prairie and Central Texas where it had previously been a stronghold.  South Texas and areas of northwest Texas/Panhandle continue to have excellent populations and are the most likely places for buyers to begin their search.  There are a myriad of reasons for the decline in these areas and many are controversial, but the main culprit has been a change in the uses of rangeland and increased efficiencies in farming which have reduced traditional fence line brushy areas.

For the potential buyer of quail property, other than starting your search in areas that are known to be good quail country, there are several things one can look for.   Quail need three major components to their habitat to flourish; cover from predators and summer heat, food and nesting cover.

Ground cover (woody cover) is essential to have present for quail to avoid predators such as hawks in the winter and important for keeping quail cool in the summer, particularly young quail.  A good rule of thumb is for an area to have 20 – 30% brushy cover with the remaining areas open.  Low mesquite, hog plum, cactus and scrub oaks all provide good cover for quail.  Cover that is in strips 20 – 30 yds. wide is ideals among the open areas, but what is important is that woody cover be readily accessible to quail from the more open areas where the majority of their feeding takes place.

Food is the next important aspect of successful quail country.  While some woody plants will provide seeds for adult quail, the majority of a quails diet comes from forbs (weeds).  This is a major area where landowners can make a difference in their quail populations.  Winter disking, prescribed burns and food plots will all greatly enhance the availability of the proper plants to produce food for quail.  These practices will also increase the insect populations during the summer, which is critical for the survival of chicks.  Most native grasses are good as nesting cover but not a good food source and disking and burning ranges will ensure a good supply of the forbs needed.

Nesting cover is an often-neglected aspect of quail habitat.  While quail will nest in some woody covers and cactuses, certain grasses make the most suitable habitat.  What is important to recognize is that tall stands of grasses from the previous season must be maintained through the winter to be available for nesting the following spring/summer nesting season.  This will require setting aside areas of tall native grasses that will not be disked, burned or grazed.  Rotating grazing is critical to avoid letting cattle remove next years nesting cover and must be carefully watched.

A final note for those looking for a quail-hunting ranch is that you should avoid buying property that is dominated by improved grasses such as Bahia grass and Bermuda.  While many people believe that fire ants, cattle egrets and predators are the major killers of quail I do not (no hate mail please).  The proliferation of these improved grasses is likely a major contributor to the loss of quail habitat and unless a ranch owner is willing to go to the time and expense of replacing these grasses with natives they will be fighting a losing battle.

Several groups are working to increase quail habitat and try to restore areas that have seen population drops in the last quarter century.  The Audubon Quail & Grassland Birds Initiative involving several groups including Texas Parks & Wildlife, Quail Unlimited and many others has been active in Texas since 2003 and is very helpful for landowners interested in improving habitat.  Further information about there efforts can be found at www.audubontexas.org.