Senate Bill 3Environmental Flows Panel

Dan OpdykeDan OpdykeDanny VanceDanny VanceJack TatumJack TatumBob HustonBob Huston

Dan OpdykeDan Opdyke

Texas Parks and Wildlife DepartmentTexas Parks and Wildlife Department

TWCA Mid-Year Conference TWCA Mid-Year Conference

June 19, 2009June 19, 2009

SB 3 Article 1 SB 3 Article 1 OverviewOverview

Water Rights PermittingWater Rights Permitting

Current SituationCurrent Situation• Environmental flow requirements applied to large Environmental flow requirements applied to large

water rights applications identified on a case by water rights applications identified on a case by case basiscase basis

• Project-specific public participationProject-specific public participation

Desired Future SituationDesired Future Situation• Proactively identified and consistently applied flow Proactively identified and consistently applied flow

requirements so applicants have more certaintyrequirements so applicants have more certainty

• Regional stakeholder and scientific participationRegional stakeholder and scientific participation

Purpose of SB 3 Article 1Purpose of SB 3 Article 1

Establish Environmental Establish Environmental Flow RecommendationsFlow Recommendations

11.0235(d-6):

The legislature finds that recommendations for state action to protect instream flows and freshwater inflows should be developed through a consensus-based, regional approach

involving balanced

representation of stakeholders and that such a process should be encouraged throughout the state.

Purpose ContinuedPurpose Continued

Environmental Flow Regime:Environmental Flow Regime:11.002(16):11.002(16):

AA 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 a sound ecological environment and to maintain the productivity, extent, and persistence of key aquatic habitats in and along the affected water bodies.

Existing State and Existing State and Regional GroupsRegional 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 Basin and Bay Area Expert

Science Teams (BBEST)

Jack Tatum, Sabine/Neches Chair

Bill Espey, Trinity/SJ Chair

Science Advisory Committee (SAC)

Bob Huston, Chair

TCEQ Rule Making

TCEQ, TWDB, TPWD input as

appropriate

Public Input

Primary RolesPrimary RolesEnvironmental Flows Advisory Group

(EFAG)

∙ Provide Oversight, Review and Make Recommendations, and Report to State

Leadership

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)

Science Advisory Committee (SAC)

∙ Provide Science-based Direction, Coordination, and

Consistency

TCEQ Rule Making∙ Establish Flow Standards

and Set-asides

TCEQ, TWDB, TPWD input as

appropriate

Public Input

Set-Asides and AlternativesSet-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.

Current TimelineCurrent Timeline

11/1/2009 11/1/2009 – Existing BBESTs submit – Existing BBESTs submit recommendations to BBASCsrecommendations to BBASCs

5/1/2010 5/1/2010 – Existing BBASCs and – Existing BBASCs and EFAG submit comments to TCEQEFAG submit comments to TCEQ

5/1/2011 5/1/2011 – TCEQ adopts flow – TCEQ adopts flow standardsstandards

Colorado/Lavaca and Guadalupe/San Antonio:Colorado/Lavaca and Guadalupe/San Antonio:10 month lag (except BBASCs have not been 10 month lag (except BBASCs have not been named…nominations being accepted now)named…nominations being accepted now)

Nueces, Rio Grande, Brazos:Nueces, Rio Grande, Brazos:22 months lag22 months lag

--Schedule subject to modification by EFAG----Schedule subject to modification by EFAG--

TCEQ, TWDB, and TPWD TCEQ, TWDB, and TPWD Agency RolesAgency Roles

All resource agencies provide technical All resource agencies provide technical assistance as appropriateassistance as appropriate

TCEQTCEQ• Overall coordination and facilitationOverall coordination and facilitation

TWDBTWDB• Budget and contractingBudget and contracting

www.tceq.state.tx.us/permitting/water_supply/water_rights/eflows/group.htmlwww.tceq.state.tx.us/permitting/water_supply/water_rights/eflows/group.html

Senate Bill 3Environmental Flows Panel

Basin and Bay Area Stakeholders Basin and Bay Area Stakeholders CommitteesCommitteesDanny VanceDanny Vance

Trinity River AuthorityTrinity River Authority

Trinity and San Jacinto Rivers and Galveston Bay Stakeholders CommitteeTrinity 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

Trinity and San Jacinto Rivers and Galveston Bay Stakeholders Comm. (cont.)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

Trinity and San Jacinto Rivers and Galveston Bay Stakeholders Committee (continued)

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

Duties of Basin and Bay Area Stakeholders CommitteesDuties 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)

MeetingsMeetings

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

Meetings (cont.)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

Meetings (cont.)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

Trinity and San Jacinto Rivers and Galveston Bay Expert Science TeamTrinity 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

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

Trinity and San Jacinto Rivers and Galveston Bay Expert Science Team (cont.)Trinity and San Jacinto Rivers and Galveston Bay Expert Science Team (cont.)

Relationship between Stakeholders Committee and Expert Science TeamRelationship 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.

Relationship between Stakeholders Committee and Expert Science Team (cont.)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

Adaptive Management 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

Senate Bill 3Environmental Flows Panel

Basin and Bay Expert Science TeamsBasin and Bay Expert Science TeamsJack W. TatumJack W. Tatum

Sabine River Authority of TexasSabine River Authority of Texas

Sabine and Neches Rivers and Sabine Lake Bay Area Stakeholders Committee

Name Representing Name Representing

Alford, DavidGroundwater

Conservation DistrictsMoore, Chester Recreational Water Users

Arnold, Joe W.Industrial Water Users -- Chemical Manufacturing

Newman, Rodney Agricultural Water

Bean, Christopher L. Recreational Water Users Nichols, Jerry D.Soil and Water

Conservation Districts

Bonds, Keith Municipalities Oubre, Sinclair Commercial Fishermen

Carter, W. Greg, P.E.Industrial Water Users --

Refining or Electricity Generation

Puckett, Jo M. (Jody), P.E.

Municipalities

Clark, Jerry (Committee Chair)

River Authorities and Other Conservation and

Reclamation DistrictsRoemer, David Public Interest Groups

Davis, KatherineIndustrial Water Users --

Production of Paper Products or Timber

Shank, Monty D.River Authorities and

Other Conservation and Reclamation Districts

Dickson, Kenneth D. Agricultural Water Users Sherron, C.R "Dick"Agricultural Water Users -- Free-range Livestock

Drury, Bruce Environmental Interests Staton, Bob Environmental

Glenn, Walter Groundwater

Conservation Districts

Stroder, Robert, P.E. (retired) (Committee

Vice-Chair)

River Authorities and Other Conservation and

Reclamation Districts

Holcomb, KelleyRegional Water Planning Groups (Region I Water

Planning Group)Turk, Jeanie Public Interest Group

Jackson, Kathleen Thea, P.E.

Industrial Water Users -- Refining

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

Name Affiliation

Graham, Gary G.E. Walker & Associates, L.L.C.

Hall, Scott (Vice Chair)Lower Neches Valley Authority,

General Manager

Harrel, RichardLamar University, Clean Air & Water,

Inc.

Hunt, Rex H.Alan Plummer Associates, Inc., Sr.

Project Manager

Kelley, J RogerLBG, Inc., General Manager -

Environmental

McBroom, MatthewStephen F. Austin State University,

Assistant Professor

McCullough, Jack D.Stephen F. Austin State University,

Research Scientist

Parkhill, David L. AECOM Water, Vice President

Tatum, Jack W. (Chair)Sabine River Authority of Texas,

Water Resources Manager

Vaugh, Samuel KentHDR Engineering, V.P., Project

Manager

Winemiller, Kirk Texas A&M University, Professor

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.”

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.

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.

Environmental Flow Regime Recommendations

• Submit to– Basin and Bay Stakeholders Committee– Environmental Flows Advisory Group– Texas Commission on Environmental Quality

• By– November 1, 2009

Senate Bill 3Environmental Flows Panel

Texas Environmental FlowsTexas Environmental FlowsScience Advisory Committee (SAC)Science Advisory Committee (SAC)

Bob HustonBob HustonChairChair

Statutory Provisions

• Appointed by the Environmental Flows Advisory Group (EFAG)

• Five to nine members

• Five (5) year terms

• Objective perspective, diverse expertise

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

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

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

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

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

Senate Bill 3Environmental Flows Panel

Q & AQ & A