Emergency drought relief could come at a level closer to the city of Austin's liking after two judges recommended Feb. 21 that the Texas Commission on Environmental Quality increase standards before allowing Highland Lakes water to be released downstream.

The Lower Colorado River Authority originally requested emergency drought relief if lakes Travis and Buchanan failed to hold a combined 1.1 million acre-feet of water by March 1, but two administrative law judges from the State Office of Administrative Hearings recommended the trigger point increase to 1.4 million acre-feet—a level requested by Austin Water Utility and other area water users.

The Highland Lakes held a combined amount of about 762,000 acre-feet of water as of Feb. 21, making it unlikely, if the 1.4 million acre-feet trigger is approved, that the lakes will rise enough to allow rice farmers any water for the third straight year.

According to the proposal for decision, which was crafted by administrative law judges William Newchurch and Travis Vickery, "The ALJs conclude that emergency conditions exist which present an imminent threat to the public health and safety and which override the necessity to comply with established statutory procedures, and there are no feasible practical alternatives to the emergency authorization."

TCEQ commissioners must still vote whether to side with the proposal for the decision, which the state agency requested Feb. 12 after a five-hour hearing that included arguments from Austin-area water users and downstream rice farmers.

LCRA originally voted in November to set the drought trigger at 1.1 million acre-feet after much debate. Rice-farming proponents argued the level should be 850,000 acre-feet.