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Update on Environmental Flows in Texas

Update on Environmental Flows in Texas. Glenda L. Callaway Ekistics Corporation/Galveston Bay Foundation 21 July 2004. In the beginning…. where do we start?.

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Update on Environmental Flows in Texas

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  1. Update on Environmental Flows in Texas Glenda L. Callaway Ekistics Corporation/Galveston Bay Foundation 21 July 2004

  2. In the beginning….. where do we start?

  3. 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.

  4. 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. “

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  10. 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.

  11. Early B&E Studies • 64th Legislature enacts SB-137 (Required comprehensive studies of the effects of freshwater inflows on bays and estuaries.) • 1979 B&E studies for state’s seven major estuarine systems completed December 31 and published.

  12. 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.

  13. 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.

  14. Second Round of B&E 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)

  15. 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.

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

  17. 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.

  18. 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.

  19. 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.”

  20. 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.

  21. Genesis of GBFIG, c. 1996 • Galveston Bay National Estuary Program (TCEQ, EPA and partners) • B&E 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)

  22. 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.

  23. 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.

  24. 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.

  25. 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 B&E studies • Regional Plans - January 2001 • State Plan – January 2002

  26. 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

  27. 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

  28. 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

  29. 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

  30. 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

  31. Note: New (Surface) Water Availability Models were completed after the 2001 Regional Water Plans were prepared.

  32. 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

  33. 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

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

  35. 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.

  36. 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.”

  37. ~ 200 Springs 7 Major Estuaries 15 Major Rivers 11,247 Streams 191,000 Miles Aquatic Resources

  38. 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

  39. THE RIO GRANDE GOING DRY FROM BOTH ENDS

  40. 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

  41. 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

  42. 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

  43. 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

  44. 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

  45. In the end… we want water for both people and the environment

  46. 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

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