Texas Wildfire Claims

National Geographic has recently completed a journalistic segment about a group of farmers in northwest Texas which began 2012 under circumstances past generations could only imagine.  According to a new rule implanted by the High Plains Underground Water Conservation District based out of Lubbock, Texas, the farmers will now face a limit on the amount of groundwater they can pump from their own wells on their own property.  Pursuant to the new rule, water pumped in excess of the “allowable production rate” is illegal.

National Geographic points out that most of Texas abides by the legal concept of “rule of capture,” which can broadly be interpreted as a doctrine of “first to come, first to serve.” However, farmers in the Texas Panhandle rely on the Ogallala aquifer to irrigate their crops.  Many environmentalists have already expressed concern about the depletion of the aquifer.  Authorities feel that if the region is to have any future, there must be some restriction on freshwater pumped from the aquifer.

National Geographic explains that when farmers first settled the High Plains region they relied on windmills to help them lift groundwater from the aquifers.  However, in the 40’s and 50’s irrigation levels soared in correlation with powerful motor pumps and large sprinkler systems.  These technological advancements caused irrigation to increase five fold in the region during the latter half of the 20^th century.  Many authorities feel that intense irrigation of the aquifer over time has led to its gradual depletion.

National Geographic points to a study done by the U.S. Geological survey since 1940 which shows the total volume of water in storage in the High Plains aquifer has declined by some 266 million acres-feet.  This volume is equivalent to 2/3 of the water in Lake Erie, one acre foot equals 325,850 gallons.  This study can be viewed at the following link: http://pubs.usgs.gov/sir/2011/5183/.  Further, National Geographic reported that the drainage of the High Plains aquifer is increasing in speed.  Reportedly, the average annual depletion rate between 2000 and 2007 was more than twice that during the previous fifty years.  The aquifers depletion is most apparent in its southern portion, specifically Texas.  National Geographic reports that the water table beneath certain areas of Texas has dropped up to 150 feet.

Further, the news magazine reports that water in the Ogallala is not expected to replenish anytime soon.  Scientists believe that the Ogallala filled slowly during the ice tens of thousands of years ago.  This has prompted criticism of water allocation by people like USGS director Marcia McNutt, who has criticized water practices for depleting in a hundred years what it took nature more than 10,000 years to create.

National Geographic states that that new irrigation rule in west Texas is just one step in the process of adapting to the very real threat of running out water in the state.  The water district in Lubbock Texas has set a water management goal of retaining at least 50% of Ogallala’s ground water in the next fifty years.  National Geographic points out that this will not be an easy goal to meet as the USGS study found that 29 percent of Texas’s portion of the Ogallala aquifer has already been depleted.  However, Texas farmers have already started adapting to reducing the amount of water which is irrigated.  The High Plains Water District maintains that irrigation efficiency rose from 50 percent in the mid-seventies to 75 percent by 1990.  Since then, more farmers have adopted low-pressure drop-line sprinklers that deliver water closer to the crops instead of spraying it high in the air.  When combined with field methods that conserve water in the soil, these precision sprinklers can achieve efficiencies of 95 percent.  Some cotton farmers that have installed sub-surface drip systems, which deliver water at low volumes directly to the crops’ roots, have achieved efficiencies approaching 100 percent.

According to an investigation released by the Texas Forest Service, the wildfire which scorched more than 34,000 acres and 1,600 homes in Bastrop County in September of 2011 has been attributed to trees that came crashing into overhead power lines.  Reportedly, during the first week of September, wind gusts around Bastrop swelled to upwards of 30 mph and severed trees at two different locations.  The trees then became tangled in power lines causing sparks to fall into dry grass littered below. 

Sources say downed power lines are also being investigated as the causes behind several destructive fires in Travis County around the same time. Reportedly, several Bastrop residents placed 911 telephone calls around the time of the fire regarding limbs in the power lines.  Further, the Travis County fire marshal’s office reported that electricity is being investigated as the possible cause of fires in Steiner Ranch and Spicewood. Reportedly, investigators found damage on the overhead electrical wires directly above the point of origin.  According to the Pflugerville Fire Department, power lines also caused the fire there Sept. 4, 2011, which burned between 300 and 500 acres.

According to the Texas Forest Service report, the power lines responsible for the Bastrop blaze belong to Bluebonnet Electric Cooperative, which has been working to restore power to more than 4,000 meters since the fire. Bluebonnet has said based on its own investigations, high winds caused large trees to fall from outside of their rights-of-way and hit overhead power lines.

Reportedly, the utility company is removing hundreds of trees that could fall into its power lines in the future.  Further, sources say Travis County commissioners have agreed to ask the Travis Central Appraisal District to reappraise properties that were damaged in the September blazes and in the Pinnacle fire southwest of Austin on April 17. Bastrop County officials say they might seek a reappraisal of hundreds of millions of dollars’ worth of homes and businesses lost in the fires.

According to reports,  during 2011 Texas wildfires burned thousands of miles of fencing, over 1,500 heads of livestock, and sections of pasture nearly twice as long as Delaware.  Sources say the states agriculture sector was already suffering from the effects of a crippling drought and now is dealing with wildfires on a daily basis. 

According to an economist with the Texas Agriculture Service, the Texas agriculture industry has suffered over 152 million dollars in damages from wildfires as of September 19, 2011.  Reportedly, most of that total stems from the 5,965 miles of fences and other infrastructure that was burned.  The Agriculture Service estimates that over 3 million acres of pasture were scorched.  Further, the state estimates that Texas drought has cost over 5.2 billion dollars in lost crops and livestock.  Reportedly, timber losses have also been considerable in East Texas where over 97 million dollars’ worth of timber has burned since wildfire season began.

Reportedly, since wildfire season started on Nov. 15, 2010, firefighters have responded to 23,519 fires.  According to the Texas Forest Service, the wildfire danger would continue through fall and possibly into winter.  Sources say that below average moisture and above average temperatures are to blame. 

According to reports, conditions in the state of Texas have been extremely conducive to wildfires for the past year.  Further, officials say there appears to be no end in sight.  Currently, authorities around the state are preparing for future large blazes which could ignite anywhere across the drought stricken state during the winter months. 

Authorities stress that despite the recent lull in fire activity throughout Texas, a very substantial threat of future fires remains.  The Texas Forest Service reports that it has no immediate plans to declare an end to the current wildfire season which began on November 15, 2011. 

According to representative of the Texas Forest Service Tom Spencer, “[t]his year is a little harder to call (for an ending point) because we’re still picking up some fire calls daily.”  Further, Texas Forest Service officials say they are expecting some large fires this winter and next spring because of dead trees and pastures across the bone-dry state.  However, sources say that the Texas Forest Services budget is not affected by the exact start and end date of wildfire season. 

Reportedly, the last wildfire season to last for more than a year was during April 2005 through September 2006.  Those blazes charred about 2 million acres, left 12 people dead and destroyed more than 400 homes. But the 2008 and 2009 seasons each lasted less than a calendar year, according to Texas Forest Service records. 

However, sources say in the past year, wildfires statewide have destroyed nearly 4 million acres and more than 2,900 homes, killing 10 people.  During the 2011 wildfire season, out of control blazes even scorched land in areas which typically receive enough precipitation to prevent such disasters.  Reportedly, this past spring, various firefighting crews battled what turned out to be seven of the 10 largest wildfires in state history.  Reportedly, one was a 315,000-acre blaze in three West Texas counties that narrowly missed the Fort Davis Historic Site, a frontier Army cavalry fort, and the McDonald Observatory, a top astronomical research facility.  According to reports, fires twice scorched Possum Kingdom Lake, a picturesque community 75 miles west of Fort Worth, destroying about 160 homes in April and another 40 homes four months later.  Further, sources say after fires burned throughout the summer across parts of mostly rural Texas, a Labor Day weekend wildfire destroyed more than 1,500 homes in Bastrop County.

Authorities say September 2010 to 2011 was the driest 12 months on record in the state, and weather experts say the historic dry spell will grip Texas well into 2012.  Accordingly, Texas Forest Service officials say they cannot determine how long the wild fire threat will last.

In conclusion, if you feel your insurance company has treated you unfairly or refused to compensate you for legitimate damages caused by the wildfires in Texas, please feel free to call our offices at 713-864-1941 or toll-free at 877-292-8797 for a free consultation and evaluation of any potential claims you may have against them.  You can also contact us through our website or email us here.

According to reports from Fort Worth, Texas, a lawsuit against Bluebonnet Electric Cooperative has been filed by homeowners who lost their homes in one of the most destructive wildfires in state history. The law suit alleges that the utility company had knowledge of the wildfire dangers caused by recent drought and failed to remove dead vegetation near the power lines which sparked the devastating blaze.

 A spokesman for Bluebonnet has said he believes the wild fire was a terrible incident which was beyond anyone’s control.  The spokesman also said the trees which first caught on fire were on private property and outside of the company’s right of way.  However, the law suit alleges that Bluebonnet had the right and the responsibility to remove dead trees and trim branches on private property.  Further, the lawsuit contends that the private property was near valid easements.

 The lawsuit claims Bluebonnet had knowledge of the dangerous conditions because concern about the severe drought conditions were logged in the minutes of a membership meeting in May.  Sources say the lawsuit accuses Bluebonnet of negligence and seeks compensation for property damage, mental anguish, medical expenses, and physical impairment and court costs.

According to the Public Utility Commission of Texas, no state agency currently oversees the trimming of trees and branches around power lines.

According to Bastrop County authorities, the remaining active flames stemming from a massive wildfire have been cut off from further advancement by containment lines.  Further, sources say that some residents who were evacuated during the blaze may soon be given permission to return home.  However, authorities warn that some dangerous spots remain in the 45 square miles of country side the fire destroyed.  According to authorities, the flames are inside the lines surrounding about 30 percent of the fire.  Authorities say they are now becoming concerned with the threat of wind sparking more flames beyond the already established borders. 

According to reports, nearly 1,400 homes have been destroyed about 25 miles east of Austin and about 5,000 residents have been forced to leave their homes.   However, sources say neighborhoods outside the area where the fire has burned will reopen as soon as possible. 

Insurance agents have set up temporary work stations inside vans and tents in order to respond to damage claims resulting from the unprecedented wildfires which scorched several parts of Central Texas last week.  It has been reported that a spokesman for Farmer Insurance has stated that he has received many claims of total losses.  The spokesman says that the priority of insurance agents should first be to help customers find a place to live, food, and clothing.  Once after the customers basic needs are taken care of  should they begin the claims process. 

Sources say that Farmers, State Farm and Allstate have declared the Central Texas fires a catastrophe.  Accordingly, the insurance companies say they will be sending specialized claims workers and equipment to help catalyze the claims process.  According to a spokesman for the Insurance Council of Texas, the total amount insured property loss due to wildfires for 2011 is expected to be the worst in the history of Texas.  Reportedly, the previous record was set in 2009 when wildfires caused of $100 million in insured property damage statewide.  Further, sources say that many authorities are worried that the continuing dry conditions of the state will cause the wildfires to continue.

Further, some insurance agents are reporting that many of their customers still do not know the extent of the damages because they have not been able to return home.  Further, sources say State Farm policy holders in Central Texas have filed 210 claims and that number has continued to grow.  Representatives of the insurance industry say that urban wildfires are different from typical disasters because the wildfires are often ongoing and do not happen in a single instance. 

Insurance agents who are responding to the fires also say that many people filing claims are working on hearsay and assumptions and do not know the exact status of the property.  Sources say this problem is propounded by the fact that many policyholders have not been allowed to return home due to dangerous conditions.  Representatives of the insurance are encouraging people who have been evacuated to make contact with their insurance agent, regardless of whether their home was injured.  Once an insurance company has received a claim, it has 15 days to say whether it has accepted or rejected the claim. Most policies allow for an appraisal process to settle claim disputes.  However, insurance companies in recent Texas catastrophes such as Hurricane Ike resulted in 1000’s of lawsuits due to allegations of bad faith and insurance code violations.