The Sulphur River Authority has been advised "to hit the reset button" on its operations and reestablish trust with river basin stakeholders, according to a Sunset Commission report released online Friday afternoon.
One of the ways the report suggests this be done is for the state legislature to mandate the terms of all SRBA members to expire Sept. 1, 2017.
"This recommendation would sweep the SRBA board, providing that all board members terms expire on Sept. 1, 2017," according to Page 17 of the report. "The governor would replace all seven board members at that time, staggering the terms of new appointments such that two terms expire in 2019, two terms expire in 2021, and three terms expire in 2023. This recommendation would preclude SRBA board members appointed before Jan. 1, 2016, from reappointment. However, the governor should consider reappointing board members appointed after Jan. 1, 2016, to promote continuity and understanding of SRBA's complex water issues on the board. In addition, Issue 5 recommends that the governor designate the presiding officer of the board, as the governor does for the two largest river authorities in the state."
The Sunset Commission also recommends the SRBA have an executive director instead of relying on a consultant to handle the work that should be an executive director's responsibility.
For years, former Texarkana, Texas, Mayor John Jarvis has served as SRBA's consultant. The report includes all financial provisions regarding the money Jarvis makes under SRBA's consultant contract. Jarvis makes $144,000 yearly, with a signing bonus of $7,000. He has $1,500 in expenses each month, and SRBA must provide him a five-month termination agreement, totaling more than $60,000, while he can terminate the contract with only 60 days' notice, according to Page 14 of the report.
The report suggests the executive director would handle additional duties other than those listed in SRBA's governing legislation. Additional duties would include overseeing budget, personnel and general administrative oversight of SRBA; actively managing SRBA's contracts to ensure they represent the authority's best interests; serving as spokesperson, including coordinating SRBA responses to the media and fostering collaborative relationships with stakeholders; and engaging in long-term strategic planning and taking needed steps to identify and address other issues facing the Sulphur River basin.
The Sunset Commission found fault in planning and described SRBA as having "no strategic planning."
"SRBA has not addressed other issues facing the Sulphur River basin, largely because it lacks staff capacity to manage additional projects," according to Page 17 of the report. "For example, SRBA has only recently begun conversations about a sedimentation issue that presents both water quality concerns, as well as threatens the very water supply options SRBA is studying.
"Without a plan to address this issue and staff to execute the plan, SRBA will be unlikely to make a meaningful impact on this problem. To carry out its mission, SRBA should identify, plan for and address the full range of watershed issues facing the basin."
The report had additional recommendations regarding SRBA, such as finding local financial investment in its water development projects. At this time, the Dallas-Fort Worth Metroplex funds the lion's share of any studies commissioned by SRBA. The only other money SRBA receives is from the state to subsidize the Clean Rivers program at Texarkana College.
"To be successful, SRBA should seek financial participation from local water districts, cities or other local government entities when developing or studying development of a new water supply" in the basin, Page 18 of the report states. " Local investment would help remove perceptions that SRBA lacks independence from interests outside of the basin. This recommendation would also help ensure local stakeholders are represented and invested in SRBA and its responsibilities to identify, study and address water development" in the basin.
In the report's summary, SRBA receives another slap on the wrist for its actions, but the authors of the report do not place the blame solely on the basin authority.
"The report provides a stark assessment of the SRBA board's failings, but says SRBA alone is not to blame for the current atmosphere of distrust among the stakeholders in the basin. Some stakeholders can be divisive, antagonistic, and appear to be largely driven by their own financial motivations of wishes to control future water rights," the summary states. "However, the difficulties of operating in this controversial atmosphere only reinforce the importance of SRBA's mission and warrant an overhaul of SRBA's operations to better ensure its ability to successfully meet the watershed's growing and controversial needs."
This report represents the first time any river authority in the state has been reviewed by the Sunset Advisory Commission. Central Colorado River Authority, Upper Colorado River Authority and Palo Duro River Authority of Texas were also reviewed. Each received harsh criticism in the report, part of the 2016-17 Sunset Staff Report of 85th Legislature. The commission staff performs extensive research and analysis to evaluate the need for, performance of and improvements needed to the agency under review, according to the document.
The commission is comprised of members of the state's House of Representatives and Senate. Representatives include Chairman Larry Gonzales, Cindy Burkett, Dan Flynn, Senfronia Thompson, Richard Pena Raymond and William Meadows.
Senators serving on the commission include Vice Chairman Van Taylor, Juan "Chuy" Hinojosa, Robert Nichols, Charles Schwertner, Kirk Watson and Allen B. West. The director of Sunset Advisory Commission is Ken Levine.