Update on Environmental Flows in Texas

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Update on Environmental Flows in Texas

• Glenda L. Callaway
• Ekistics Corporation/Galveston Bay Foundation
• 21 July 2004

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In the beginning..
where do we start?
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Question The Galveston Bay Plan had an Action
Plan to address Freshwater Inflows. Why are we
now talking about environmental flows?
Answer The Legislature has been at work and
environmental flows is the term that has been
settled on to include stream flows and spring
flows as well as freshwater inflows to bays and
estuaries.
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Freshwater inflows were identified as a priority
problem by the Galveston Bay Plan in 1995
Future demands for freshwater and alterations to
circulation may seriously affect productivity and
overall ecosystem health.
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Galveston Bay Plan By 1995, determine annual and
seasonal inflow needs. Action FW-1 Complete
current studies to determine freshwater inflow
needs for the bay. Action FW-2 Expand
streamflow, sediment loading, and rainfall
monitoring.
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Galveston Bay Plan By 2000, incorporate inflow
needs in regulatory authority and planning
processes. Action FW-3 Establish management
strategies for meeting freshwater inflow
needs. Action FW-4 Establish inflow
regulations to protect ecological needs of the
estuary.
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Water Planning in Texas

• Statewide drought (most severe of past 400 years)
  occurred between 1948 and 1957.
• 55th Texas Legislature enacted Texas Water
  Planning Act in 1957.
• Cooperative Bays and Estuaries study initiated in
  1976 by TWDB as input to the 1968-1969 Texas
  Water Plan.

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Water Development in GB Watershed
1958 Trinity River Master Plan adopted by TRA
includes Lake Livingston 1962 Congressional
authorization of Dam and Saltwater Barrier with
19,700 acres reservoir at Wallisville, Texas in
River and Harbor Act.
9

• (continued)
• 1966 Wallisville construction begins.
• Lake Livingston begins operation.
• 1971 Lawsuit filed on Wallisville Project
  injunction issued pending revised EIS.

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Commentary
A concern for freshwater inflows was a major part
of litigation and environmental opposition to the
proposed Wallisville Reservoir on the Trinity
River that eventually became the Wallisville
Saltwater Barrier.
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Early BE Studies

• 64th Legislature enacts SB-137 (Required
  comprehensive studies of the effects of
  freshwater inflows on bays and estuaries.)
• 1979 BE studies for states seven major
  estuarine systems completed December 31 and
  published.

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continued
1980 Scientists, engineers, and legislators
question adequacy of data bases supporting
freshwater inflows analyses from the 1979
studies. 1984 Joint Interim Legislative
Committee study propose three additional years of
data collection and legislative language to
protect estuarine resources when considering
water permits.
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Wallisville Saga Continues
In 1981, the Corps of Engineers issued Post
Authorization Change Report (PACR) for
Wallisville Project recommending a 5,600 acre
reservoir with staged filling to 4 feet above
msl. In 1987, the injunction against the
Wallisville Project was lifted.
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Second Round of BE Studies

• 1985 69th Texas Legislature enacts HB-2
  authorizing Bays and Estuaries Studies currently
  in use.
• 70th Texas Legislature enacts SB-683 with
  clarifying amendments reports due December 31,
  1989. TPWD and TWC (now TCEQ) to review and
  determine freshwater inflows needed for water
  resources management. TWC 11.1491, 11.147)

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1987 Was a Very Good Year

• National Estuary Program was established by the
  Federal Water Quality Act of 1987.
• Galveston Bay Foundation (GBF) was incorporated
  in July Initial board meeting January 1988.

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continued

• Governor completes nomination of Galveston Bay
  for NEP in May.
• 1989 Five-year Management Conference for
  Galveston Bay National Estuary Program
  established.

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Water Development Developments

• Endangered bald eagle sighted at Wallisville
  Project site project limited to a 2-foot
  reservoir covering 3,800 acres.
• Construction of Wallisville Project resumed
  only partial funding appropriated by Congress.
• 1993 Trans-Texas Water Program Southeast Area
  Study begins.

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Studies are Being Completed

• Galveston Bay Plan published in October by
  GBNEP identifies Freshwater Inflows as a high
  priority action item.
• 1994 Freshwater Inflows to Texas Bays and
  Estuaries Ecological Relationships and Methods
  for Determination of Needs published Dec. 31 by
  TWDB and TPWD.
• 1995 Galveston Bay Plan adopted by Governor and
  approved by Administrator of EPA in April.

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More Water Development Developments

• Draft Environmental Assessment of revised
  Wallisville Project issued in March.
• 1995 GBF opposes appropriation of any
  additional federal or any local funds for the
  Wallisville project until meeting the freshwater
  inflow needs of Galveston Bay, as well as the
  long-term water supply needs of Houston, has been
  resolved.

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Some Agreements are Reached
In 1996, GBF and City of Houston agree in
writing that bay inflows should be considered and
addressed as a water demand GBF ceases
opposition to Congressional funding for
completion of redesigned Wallisville project.
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Genesis of GBFIG, c. 1996

• Galveston Bay National Estuary Program (TCEQ, EPA
  and partners)
• BE studies (TWDB, TPWD, TCEQ)
• Trans-Texas Water Program (TWDB and partners)
• Proposed Wallisville Reservoir (USACE, City of
  Houston, Trinity River Authority, GBF and
  environmental groups)

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GBFIG continued
1996 -1997 Galveston Bay Freshwater Inflows
Group convenes and organizes to explore ways to
address need for inflows to coordinate with and
report findings to Galveston Bay Estuary Program
and SB-1 Regional Water Planning
Group. 1997 Consensus Criteria for
Environmental Water Needs developed and approved
for use in state water planning by TDWB, TPWD and
TNRCC.
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GBFIG Continues with SB-1 Planning

• Draft Freshwater Inflow Recommendation for the
  Trinity-San Jacinto Estuary presented to Senate
  Interim Committee on Water and to GBFIG by TPWD
  in January document finalized in December 1998.
• 1998-1999 GBFIG agrees in June to begin initial
  work on developing management strategies.
• 1999 Region H Water Planning Group directs
  consultants to work with GBFIG to develop
  freshwater inflow needs.

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Closure on Some Topics

• Legislature enacted SB-708 directing TNRCC and
  other state agencies to implement approved
  estuary management plans.
• Wallisville Saltwater Barrier Project
  dedicated on 1 November.
• 2001 GBFIG recommendation on freshwater inflow
  targets included in Region H Water Plan.

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SB-1 Water Planning

• Passed in 1997 in response to drought and
  population growth
• 16 regions to provide bottom up planning 11
  interest groups named
• Continued BE studies
• Regional Plans - January 2001
• State Plan January 2002

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Regional Planning

• 16 Regions
• Region H Houston
• Region C DFW
• Region G Brazos
• Region I East Texas
• Regional Plan updates every 5 years
• Plans address
• Conserving supplies
• Meeting future needs
• Responding to drought

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Basic SB-1 Planning Steps - 1

• Determine water demands
• Determine water supplies during low flows
• Determine surplus or need
• Determine impact of not meeting needs
• Develop alternatives, strategies, and any unmet
  needs

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Basic SB-1 Planning Steps - 2

• Identify ecologically unique streams and rivers
• Identify unique reservoir sites
• Coordinate with neighboring regions
• Propose regulatory, administrative or legislative
  recommendations to improve water resource
  management in the state

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Water Availability Models SB-1 and TCEQ
Objectives

• Determine available water during drought
  conditions
• Evaluate impacts of reuse on existing water
  rights
• Evaluate impacts of cancellation on existing
  water rights
• Determine firm yields of major reservoirs
• Use as a permitting tool

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Water Availability Models Flow Definitions

• Naturalized Flows flows that would have
  occurred in the absence of human activity
• Regulated Flows actual flow at a given point in
  the basin
• Unappropriated Flows the amount of flow
  available for appropriation

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Note New (Surface) Water Availability Models
were completed after the 2001 Regional Water
Plans were prepared.
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Water for Texas 2002

• State Plan compiled Regional Plans
• State population to grow from 21 million in 2000
  to 40 million in 2050
• Water demand to increase 18 from 17 million
  acre-feet in 2000 to 20 million acre-feet in
  2050, mostly municipal
• By 2050, 900 cities will need to reduce demand or
  increase supply

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SB-2 (2001) Phase 2 Planning

• July 2005 Initially Prepared Plans to be
  submitted to TWDB
• January 2006 Adopted Regional Water Plans due
  to TWDB
• Basic planning steps same as initial planning
  phase
• Provisions for amending regional plan

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Statewide Tasks

• Complete Groundwater Availability Models
• Develop data and methodology for determining
  instream flow needs by end of 2010
• Prepare 2007 State Water Plan

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Water Rights

• Applications filed for environmental flow permits
  were denied by TCEQ in 2003.
• SB-1639 set a 2-year moratorium on any permits
  for environmental flows (but not for other uses).
• Following completion of the WAMs, a number of
  permit applications have been filed for water
  that is unappropriated.
• Applications also have been filed to reuse
  appropriated water.

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Senate Bill 1639
The waters of the state are held in trust for
the public... Maintaining the biological
soundness of the state's rivers, lakes, bays, and
estuaries is of great importance to the public's
economic health and general well-being.
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Aquatic Resources
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Texas Climate Gradient Is Reflected In Inflows
to Texas Estuaries
14.7
Creating a Diverse System of Seven
Major Estuaries and Several Minor Systems
5.32
Annual Inflow Millions of Acre Feet
0.25
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THE RIO GRANDE GOING DRY FROM BOTH
ENDS
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Study Commission on Environmental Flows

• Established by SB1639 in 2003
• 15-member commission (first meeting in February
  2004)
• Science Committee to advise on technical issues
• Report to Legislature in 2005

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Senate Select Interim Committee on Water Policy

• 11-member committee with very broad charge to
  study all issues related to ground and surface
  water law, policy and management, including, but
  not limited to (a list of 15 water related
  topics)
• Met 6 times between January and March 2004
• Subcommittee on Lease of State Water Rights met 3
  times

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Water Conservation Implementation Task Force

• Created by SB-1094 in 2003
• Large and diverse membership
• Drafted Best Management Practices for
  Conservation by classes of use (municipal,
  agricultural, industrial)
• Preparing recommendations to Legislature

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Tri-agency Update/ Reassessment of the Galveston
Bay Study

• Discussions began in 2003
• Preliminary interview of stakeholders in 2004
• Agencies determining future course for updates

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Texas Living Waters Project

• Began in 2001
• Collaborative effort of National Wildlife
  Federation, Environmental Defense, and Lone Star
  Chapter of Sierra Club
• Funding from private foundations
• Sponsor statewide and regional conferences
• Aim to educate and involve citizens in decision
  making process for water management

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In the end
we want water for both people and the environment
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Helpful Websites

• www.twdb.state.tx.us - Info on water planning and
  Water Conservation Implementation Task Force
• www.tceq.state.tx.us - Info on water rights and
  availability, environmental flows, and Science
  Advisory Committee to Study Commission on
  Environmental Flows
• www.texaswatermatters.org - General water info
  from an environmental perspective