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Senate Bill 3 Environmental Flows Panel

Senate Bill 3 Environmental Flows Panel. Dan Opdyke Danny Vance Jack Tatum Bob Huston. Dan Opdyke Texas Parks and Wildlife Department TWCA Mid-Year Conference June 19, 2009. SB 3 Article 1 Overview. Water Rights Permitting. Current Situation

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Senate Bill 3 Environmental Flows Panel

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  1. Senate Bill 3Environmental Flows Panel Dan Opdyke Danny Vance Jack Tatum Bob Huston

  2. Dan Opdyke Texas Parks and Wildlife Department TWCA Mid-Year Conference June 19, 2009 SB 3 Article 1 Overview

  3. Water Rights Permitting Current Situation Environmental flow requirements applied to large water rights applications identified on a case by case basis Project-specific public participation Desired Future Situation Proactively identified and consistently applied flow requirements so applicants have more certainty Regional stakeholder and scientific participation

  4. Purpose of SB 3 Article 1 • Establish Environmental Flow Recommendations • 11.0235(d-6): • The legislature finds that recommendations for state action to protect instream flows and freshwater inflows should be developed through aconsensus-based, regional approach involving balanced representation of stakeholders and that such a process should be encouraged throughout the state.

  5. Purpose Continued Environmental Flow Regime: 11.002(16): A schedule of flow quantities that reflects seasonal and yearly fluctuations that typically would vary geographically, by specific location in a watershed, and that are shown to be adequate to support asound ecological environment and to maintain the productivity, extent, and persistence of key aquatic habitats in and along the affected water bodies.

  6. Existing State and Regional Groups Environmental Flows Advisory Group (EFAG) Senator AverittRepresentative Hamilton,Co-presiding Officers Basin and Bay Area Stakeholder Committees (BBASC) Jerry Clark, Sabine/Neches Chair Danny Vance, Trinity/SJ Chair Science Advisory Committee (SAC) Bob Huston, Chair TCEQ, TWDB, TPWD input as appropriate Basin and Bay Area Expert Science Teams (BBEST) Jack Tatum, Sabine/Neches Chair Bill Espey, Trinity/SJ Chair Public Input TCEQ Rule Making

  7. Primary Roles Environmental Flows Advisory Group (EFAG) ∙ Provide Oversight, Review and Make Recommendations, and Report to State Leadership TCEQ, TWDB, TPWD input as appropriate Science Advisory Committee (SAC)∙ Provide Science-based Direction, Coordination, and Consistency Basin and Bay Area Stakeholder Committees (BBASC)∙ Consider Human Water Needs and Recommend Environmental Flow Standards and Strategies Basin and Bay Area Expert Science Teams (BBEST) ∙Develop Science-based Environmental Flow Analysis and Recommend Environmental Flow Regime (without regard to other needs) Public Input TCEQ Rule Making∙ Establish Flow Standards and Set-asides

  8. Set-Asides and Alternatives 11.1471(a)(2)Establish an amount of unappropriated water, if available, to be set aside to satisfy the environmental flow standards to the maximum extent reasonable when considering human water needs 11.0235(d-3)(2)In those basins in which the unappropriated water that will be set aside for instream flow and freshwater inflow protection is not sufficient to fully satisfy the environmental flow standards established by the commission, a variety of market approaches, both public and private, for filling the gap must be explored and pursued.

  9. Current Timeline 11/1/2009 – Existing BBESTs submit recommendations to BBASCs 5/1/2010 – Existing BBASCs and EFAG submit comments to TCEQ 5/1/2011 – TCEQ adopts flow standards Colorado/Lavaca and Guadalupe/San Antonio:10 month lag (except BBASCs have not been named…nominations being accepted now) Nueces, Rio Grande, Brazos:22 months lag --Schedule subject to modification by EFAG--

  10. TCEQ, TWDB, and TPWD Agency Roles All resource agencies provide technical assistance as appropriate TCEQ Overall coordination and facilitation TWDB Budget and contracting www.tceq.state.tx.us/permitting/water_supply/water_rights/eflows/group.html

  11. Senate Bill 3Environmental Flows Panel Basin and Bay Area Stakeholders Committees Danny Vance Trinity River Authority

  12. Trinity and San Jacinto Rivers and Galveston Bay Stakeholders Committee Danny Vance, Chair, River Authorities John Bartos, Vice Chair, Environmental Scott Alford, Soil and Water Conservation Terry Anderson, Public Interest Lloyd Behm, Groundwater Conservation James K. Brite, Ag, Livestock Glenda L. Callaway, Environmental Jun Chang, Municipalities

  13. Trinity and San Jacinto Rivers and Galveston Bay Stakeholders Comm. (cont.) Ted Long, Industry, Electric Lori Gernhardt, Recreational Water Users William Goldston, Recreational Water Users Jace Houston, River Authorities Kathy Turner Jones, Groundwater Conservation Districts James Kachtick, Industry, Chemical Ken Kramer, Environment Tom Michel, Groundwater Conservation

  14. Trinity and San Jacinto Rivers and Galveston Bay Stakeholders Committee (continued) Ramon Miguez, Municipalities James Murray, Industry, Refining Paul Nelson, Region H Jim Oliver, River Authorities Jim Parks, Region C Adam Sinclair, Industry, Mining George Wilcox, Ag Irrigation Tracy Woody, Commercial Fishermen

  15. Duties of Basin and Bay Area Stakeholders Committees • Appoint the Expert Science Team for their river and bay system • Review the flow regime recommendation of the Expert Science Team • Provide comments and recommendations regarding flow regime to the TCEQ (TCEQ will consider comments and develop flow standard by May 1, 2011)

  16. Meetings Six (6) meetings to date. Next meeting on July 1. Topics and subjects discussed: Funding Water Availability Models BBEST nominations Report on Environmental Flows in Caddo Lake and Cypress Basin

  17. Meetings (cont.) Comments from Bob Huston, Chair, Science Advisory Committee BBEST Selection Reports from lead consultants from Region C and Region H WPGs Report and discussion on facilitation Legislative updates

  18. Meetings (cont.) Briefing on Region H Environmental Flows Report Updates on BBEST meetings and activities Presentation on LCRA environmental flows studies Overview of water rights in both basins Discussion of reservoir operations

  19. Trinity and San Jacinto Rivers and Galveston Bay Expert Science Team Bill Espey, Chair, Espey Consultants James Lester, Vice Chair, Houston Area Research Council Alan Plummer, Alan Plummer and Assoc. Antonietta Quigg, TX A&M, Galveston David Buzan, PBS&J George Guillen, University of Houston, Clear Lake Joe Trungale, Environmental Consultant

  20. Trinity and San Jacinto Rivers and Galveston Bay Expert Science Team (cont.) Mike Reedy, Freese and Nichols Mike Turco, US Geological Survey Richard Browning, Trinity River Authority Robert McFarlane, Environmental Consultant Sammy Ray, TX A&M , Galveston, (retired) Tony Smith, Espey Consultants Woody Frossard, Tarrant Regional Water District Woody Woodrow, Fish and Wildlife Service

  21. Relationship between Stakeholders Committee and Expert Science Team • The Expert Science Team is charged with developing an environmental flow regime based upon the best available science without regard to non-environmental uses by Nov 1, 2009. • The Stakeholders Committee is charged with reviewing the recommended regime and considering factors other than strictly environmental needs by May 1, 2010.

  22. Relationship between Stakeholders Committee and Expert Science Team (cont.) • Make recommendations on environmental flow standards and strategies to TCEQ and the Environmental Flows Advisory Group

  23. Adaptive Management • Establish a periodic review (at least once every 10 yrs) of environmental flow recommendations, standards, and strategies • Prescribe specific monitoring, studies, and activities • Establish a schedule for continuing the validation or refinement of environmental flow recommendations, standards, and the strategies to achieve those standards

  24. Senate Bill 3Environmental Flows Panel Basin and Bay Expert Science Teams Jack W. Tatum Sabine River Authority of Texas

  25. Sabine and Neches Rivers and Sabine Lake Bay Area Stakeholders Committee

  26. Sabine and Neches Rivers and Sabine Lake BayBasin and Bay Expert Science Team

  27. Overall Duties and Responsibilities • Primary Charge to the Texas Environmental Flows Basin and Bay Expert Science Team (BBEST) is found in SB3, Section 11.02362 (m) • “Each basin and bay expert science team shall develop environmental flow analyses and a recommended environmental flow regime for the river basin and bay system for which the team is established through a collaborative process designed to achieve a consensus.”

  28. Overall Duties and Responsibilities, Continued In developing the analyses and recommendations, the science team must consider all reasonably available science, without regard to the need for the water for other uses, and the science team’s recommendations must be based solely on the best science available.

  29. Resources Available to the BBESTs • The Science Advisory Committee (SAC) is developing guidance for: • Hydrology • Geomorphology • Biology • Water Quality • Staff from TCEQ, TPWD, and TWDB are available to provide technical assistance to each BBEST.

  30. Environmental Flow Regime Recommendations • Submit to • Basin and Bay Stakeholders Committee • Environmental Flows Advisory Group • Texas Commission on Environmental Quality • By • November 1, 2009

  31. Senate Bill 3Environmental Flows Panel Texas Environmental Flows Science Advisory Committee (SAC) Bob Huston Chair

  32. Statutory Provisions • Appointed by the Environmental Flows Advisory Group (EFAG) • Five to nine members • Five (5) year terms • Objective perspective, diverse expertise

  33. SAC Members • Bob Huston, Chairman • Dr. Bob Brandes, Vice Chairman • Dr. Franklin Heitmuller, USGS • Dr. Paul Jensen, PBS&J • Mary Kelly, ED • Fred Manhart, Entergy • Dr. Paul Montagna, TAMU, Corpus Christi • Dr. George Ward, UT CRWR • Jim Wiersema, Horizon Environmental

  34. Primary Duties • Advise and make recommendations to the EFAG on issues related to the science of environmental flow protection • Provide overall direction, coordination and consistency related to: • Environmental flow methodologies for instream and B&E flow studies • Resource agency environmental flow programs • The work of the Basin and Bay Expert Science Teams

  35. Specific Assignments in SB3 • Appoint SAC liaisons to each Expert Science Team to facilitate coordination and statewide consistency • Assist EFAG in reviewing and commenting on environmental flow regime recommendations • Provide scientific information to the TCEQ in their rulemaking process • Assist EFAG in evaluating resource agency response to SAC recommendations

  36. SAC Guidance(Working Drafts published) • Instream Hydrologic Methods for developing Environmental Flow Regime • Geographic Scope of Instream Flow Regime Recommendations • Methodologies for Developing a Freshwater Inflow Regime for Texas Estuaries • Sediment Transport as an Overlay to Instream Flow Regime Recommendations

  37. SAC Guidance(Working Drafts in progress) • Nutrient and Water Quality Overlay to Hydrology-Based Instream Flow Recommendations • Biological Overlay to Hydrology-Based Instream Flow Recommendations

  38. Senate Bill 3Environmental Flows Panel Q & A

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