Gulf Intracoastal Waterway

2 0 0 5 - 2 0 0 6 Le g i s l a t i ve R e p o r t

T E X A S D E P A R T M E N T O F T R A N S P O R T A T I O N

Governor Rick Perry

Lieutenant Governor David Dewhurst

Speaker of the House of Representatives Tom Craddick

Members of the 80th Legislature

Prior to 1975, the need existed for a single, nonfederal sponsor of the Gulf Intracoastal Waterway (GIWW) inTexas. To fulfill that need, the 64th Texas Legislature passed the 1975 Texas Coastal Waterway Act, nowcodified as Transportation Code, Chapter 51. In this Act, the legislature appointed the State Highway andPublic Transportation Commission, now the Texas Transportation Commission (commission), to act as thestate’s agent in fulfilling the non-federal sponsorship of the GIWW in Texas.

Through this Act, the legislature also required the commission to continually evaluate the GIWW as it relatesto Texas, including an assessment of the importance of the waterway, an identification of principal problemsand significant modifications to the waterway, and specific recommendations for legislative action, if any.

The mandated evaluation has been conducted and a report prepared. The report reflects the commission’sfocus on using and maintaining existing transportation corridors of the state. It is essential that state leadersunderstand the importance of transportation corridors, such as the waterway, when addressing congestion,air pollution, safety, assets valuations, and economic development opportunities associated with an efficientand effective multimodal transportation network.

The 2005-2006 GIWW Legislative Report is hereby submitted to the 80th Texas Legislature in accordance withTransportation Code, Section 51.007.

Sincerely,

Michael W. Behrens, P. E.Executive Director

Texas Department of TransportationDewitt C. Greer State Highway Bldg. • 125 E. 11th Street • Austin, Texas 78701-2483 • (512) 463-8585

Gulf Intracoastal Waterway in Texas

Figure 1 - Texas GIWW

Table of ContentsExecutive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Chapter 1History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Chapter 2Benefits and Concerns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Chapter 3Recent Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Chapter 4Legislative Issues of Concern . . . . . . . . . . . . . . . . . . . . . . . . . 13

Works Cited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

1

The Texas Department of Transportation(TxDOT) has a vision to deliver a 21stcentury multi-modal transportationsystem that will enhance the quality of lifefor Texas citizens and increase thecompetitive position for Texas industry byimplementing innovative and effectivetransportation programs.

Our mission is to provide safe, efficient andeffective means for the movement ofpeople and goods throughout the state,facilitating trade and economicopportunity by : 1

• Reducing Congestion

• Enhancing Safety

• Improving Air Quality

• Expanding Economic Opportunity

• Increasing the Value of TexasTransportation Assets

To carry out the agency mission, fourfundamental strategies will be employed:

• We will use all available financialtools to build transportationprojects.

• We will empower local and regionalleaders to solve local and regionaltransportation problems.

• We will increase competitivepressure to drive down the cost oftransportation projects.

• We will demand consumer-drivendecisions that respond totraditional market forces.

This report, the sixteenth in the series asrequired by the Transportation Code, issubmitted on behalf of the TexasTransportation Commission (commission)

to the Eightieth Texas Legislature,summarizing the state’s sponsorshipefforts to maintain the Gulf IntracoastalWaterway (GIWW) in Texas. The GIWW isan important transportation asset of thestate. Cargo carried on the GIWW reducescongestion on the highway and railsystems, decreasing maintenance costsand extending the life of these systems.Water transportation is the lowest costtransportation option, providingsignificant saving to businesses andconsumers. Environmentally, watertransportation has historically been thesafest mode of transportation with thefewest number of hazardous spills whencompared to other modes oftransportation. Water transportation isalso the most fuel efficient mode oftransportation, producing the smallestamount of air pollutants per ton of cargocarried.

The Texas portion of the GIWW (Figure 1)is over 50 years old and presents asignificant challenge to the state tomaintain and optimize the benefits of thistransportation system. The GIWW hassome unique transportation advantages,and it is essential that it be recognized asan important component of an effectiveand safe multimodal transportationsystem.

The entire GIWW is a 1,300-mile-long,man-made canal that runs along the Gulfof Mexico coastline from Texas’southernmost tip at Brownsville to St.Marks, Florida (Figure 2). The canal links allof the Gulf Coast ports and enables theseports to access the inland waterwaysystem of the United States.

Executive Summary

2

The GIWW is the nation’s third busiestwaterway with the Texas portion handlingover 58 percent of its traffic. In Texas, theGIWW is 423 miles long. In 2004, over 72million short tons of cargo were moved onthe Texas portion of the waterway with acommercial value of over 25 billion dollars.In combination with ports, Texas rankedfirst in the nation for 2004 in totalwaterborne tonnage moved in the UnitedStates. 2

There are numerous issues concerning thecontinued use of the GIWW. Shorelinedevelopment along the GIWW andrecreational boaters create conflicts withcommercial navigation. It is becomingdifficult to maintain existing and to findnew locations for the placement ofdredged material. Federal budget issueshave also impacted funding of operationand maintenance activities. The Corps ofEngineers is not able to maintain theGIWW at optimum levels and commercialnavigation is not able to fully load vessels.During the last few years barges have had

high incidents of grounding and the CoastGuard has needed to impose restrictionson use of the GIWW and other navigationchannels in problem areas.

The GIWW is an essential component ofthe state’s and nation’s transportationnetwork and is an integral part of theGovernor’s priority goal,“provide for all ofTexas transportation needs for the newcentury.” 3 To support the state’snonfederal sponsorship of the GIWW inTexas and facilitate planning, maintenance,preservation, research, and improvementof the waterway, the state should continueto recognize and promote the GulfIntracoastal Waterway as an integral andvaluable part of the state’s multimodaltransportation system. This can beaccomplished by providing the financialresources necessary to support nonfederalresponsibilities such as the acquisition ofdisposal areas and cost-sharing inbeneficial use of dredged materialprojects.

Figure 2 - 1,300 Mile GIWW

3

he development of the Gulf IntracoastalWaterway (GIWW) required the concertedefforts of federal, state, and local interests.Over 150 years ago, planning associatedwith this project began and continuestoday.

Development HistoryIn 1850, five years after Texas was admittedto the Union, coastal business interestsbegan to connect portions of the state’scoastline by dredging links between thenatural bays, lakes, rivers, and bayous. In1854, the Galveston and Brazos Canalconnected West Galveston Bay to theBrazos River. This canal ranged in depthfrom three to six feet and was the firstnavigable link to be constructed on theTexas coast.

In 1873, the federal government passedthe Rivers and Harbors Act of 1873. Thisact appropriated funds for a survey to“connect the inland waters along themargin of the Gulf of Mexico fromDonaldson, Louisiana to the Rio GrandeRiver in Texas by cuts and canals.” This actwas the start of the development of theIntracoastal Waterway. A series ofcongressional acts passed between 1925and 1942 allowed for continued expansionof the waterway. By 1941, the GIWW inTexas extended from the Sabine River toCorpus Christi with a bottom width of 100feet and a depth of nine feet. Legislationpassed in 1942 extended the canal toBrownsville and changed its dimensions to125 feet by 12 feet deep. Constructionwas completed in 1949. Figure 3 depicts atimeline of the Texas GIWW history.

Texas GIWW History

Independence Civil War World War II

World War IStatehood

1840 1850 1860 1870 1880 1890 1900 1910 1920 1930 1950 1960 1970 1980 1990 20001940

1854: Galveston-BrazosCanal completed

1895: First federal channelacross Galveston West Bay

1949: Corpus Christi to Brownsvillefinished - completing the GIWWfrom Mexico to Florida

1942: Mississippi to Corpus Christi completed

1934: Mississippi to Galveston completed

1902: Galveston - Brazos Canalbought by federal government

Figure 3 - Timeline

CHAPTER 1

THistory

4

Benefits and Concerns

ne of the initial functions of the GIWW wasto provide protected inland transportationof goods and troops during World War II. Ithas since evolved into a multipurposewaterway used by recreational andcommercial interests. Recreational usesinclude fishing, skiing, sightseeing, andprotected water transportation routes fortravelers along the coast. Commercial usesinclude the movement of domestic andinternational cargo, harvesting of fish andshellfish, and servicing of the gulf andcoastal oil and gas industry.

Direct and Indirect BenefitsThe GIWW provides some important directand indirect benefits to the state, such as:

Operational ConcernsThe waterway, in its current form, is over50 years old. During the past 50 years, thesize of individual barges and towboats, thewidth and length of barges lashed

O

1In 2004, the GIWW facilitatedcommercial and sport fishing entitiesto catch an estimated 16.7 millionpounds of shrimp, oysters, crabs andfinfish within Texas bay systemsamounting to a wholesaler’s value of$27.1 million. 4

2In 2004, 72.26 million short tons (oneshort ton equals 2,000 pounds) ofgoods were moved on the TexasGIWW. The estimated value of thesegoods was over $25 billion. This wasaccomplished by approximately116,243 barge one-way trips. 5

3Barge transportation is an efficient,economical and environmentallyfriendly mode of transportation. Themovement of goods by bargerequires less fuel and produces fewerair emissions that similar movementsof goods by truck or rail. 6

4The movement of goods by barge is asafe mode of transportation. In 2005,according to the Office of HazardousMaterials Safety, the total number ofdocumented hazardous spills in Texaswas 65 by air, 1224 by highway, 81 byrailway, and five by watertransportation. 7

5Barge transportation reducescongestion to the transportationsystem. The capacity of one barge isequivalent to 15 railcars or 60 trucks.

CHAPTER 2

5

together and pushed as a unit, and thevolume of traffic have steadily increased.These factors have led many to believethat the 1949 dimensions of the GIWWand its associated structures do notadequately support the state of bargetransportation today. The Brazos RiverFloodgates and the Colorado River Locksare, for example, two lock type structureson the waterway that may need to beremoved or modified. 8 The structures areonly 75 feet wide. To move through thestructures, vessel operators must park theirtows, break the barges apart, move themthrough the locks in smaller sets orindividually, and then put them backtogether on the other side. This process,known as tripping, is difficult and causes

delays estimated to cost over two milliondollars a year to the towing industry ateach location. In addition, a serious safetyhazard has arisen at the Brazos RiverFloodgates. Currents within the waterwayhave increased in recent years. Manybelieve the reason for this increase is thesedimentation of the mouth of the SanBernard River. Runoff from the SanBernard River flows into the waterwayversus the Gulf of Mexico. Barges trying toenter the GIWW via the western floodgates of the Brazos River are being pushedunder the water by this current. Figure 4depicts this hazard. 9 TxDOT, waterwayusers, and the Corps are researching thisproblem but limited funding has delayedany progress on addressing the issue.

Figure 4 - Brazos River Floodgates Hazardous Condition

Chapter 2 Benefits and Concerns

6

The area in West Galveston Bay, where theGIWW passes beneath the dual InterstateHighway 45 bridges and the GalvestonIsland Railroad Bridge (Figure 5), is also amajor problem. The opening for bargetraffic through these structures is only 120feet wide for a distance of about 800 feet.Repairs to damages to the fender systemsof these structures cost TxDOT anestimated half million dollars each year,and the towing industry has identified thisspot as the greatest hazard to navigation

on the entire 1,300 miles of the GIWW.TxDOT is currently building replacementhighway bridges which will have a 300feet opening for navigation interests.These replacement bridges have a 2008estimated completion date. The CoastGuard and local legislators are working onreplacing the railroad bridge under theauthority of the Truman-Hobbs Act, butonly partial construction funding has beensecured at this time.

Figure 5 - Galveston Causeway

Chapter 2 Benefits and Concerns

7

Recent Activities

uring the last biennium, TxDOT hasparticipated in various activities tosupport the waterway. Federal and statestudies and research projects wereinitiated, maintenance dredging projectswere performed, dredged materialdisposal property issues were addressed,and a national estuary research reservewas created.

Studies and ResearchThe Corps, under the authority of theFlood Control Act of 1970, has initiated

various Section 216 Studies. These studieslook at specific water resources projectsthat may have changed because ofphysical or economic reasons. TxDOT actsas the non-federal sponsor for the studiesinvolving the GIWW in Texas.

For the Texas portion of the GIWW, thewaterway was divided into five separateSection 216 study areas. These areas havebeen further divided into six studies tofocus on complex or unique problems.Figure 6 illustrates the Section 216 Studiesin Texas.

D

Figure 6 - Section 216 Study Areas

CHAPTER 3

8

Currently, there are seven active Section216 studies. The effort to complete thesestudies is estimated at $29.2 million ofwhich $18.8 million in additional fundingis needed. In FY2005, three of thesestudies were funded, receiving a total of$1.04 million in federal funding. InFY2006, five of these studies were funded,receiving a total $1.16 million in federalfunding.

In addition to the federal Section 216Studies, TxDOT has initiated marinetransportation-related studies. Several ofthese marine transportation-relatedstudies were conducted through TxDOT’sresearch program. This program, plusinteragency agreements, allowed TxDOT toparticipate in studies that address variousneeds of the GIWW. Research studiesfunded by TxDOT are shown in Table 1-1.

Value of Texas Seaports in anEnvironment of IncreasingGlobal Trade (on-going)

State Planning Research University of Texas, Center forTransportation Research andTexas A&M University, TexasTransportation Institute

Planning for Container Growthalong the Houston Ship Channel and other Texas Seaports: An Analysis of Corridor Improvement initiatives forIntermodal Cargo (completed)

State Planning Research University of Texas, Center forTransportation Research

Develop Emissions, Truck Tripsand Railcars EstimationMethodology for Major TexasPorts (on-going)

State Planning Research Texas Southern University

Containerized FreightMovement in Texas (completed)

State Planning Research University of Texas, Center forTransportation Research

Landside Access Needs for Portand Waterway Facilities inTexas (completed)

State Planning Research University of Texas, Center forTransportation Research

Development of aComprehensive UrbanCommodity/Freight MovementModel for Texas (on-going)

State Planning Research Texas A&M University, TexasTransportation Institute

Short Sea Shipping Initiativesand the Impacts of the TexasTransportation System (ongoing)

State Planning Research University of Texas, Center forTransportation Research andTexas A&M University, Texas Transportation Institute

PROGRAM STUDY RESEARCHER(S)

TxDOT Sponsored ResearchTable 1-1

Chapter 3 Recent Activities

9

Dredged Material DisposalProperty IssuesFor Fiscal years (FY) 2005 and 2006, TxDOTwas appropriated $1.35 million dollars foracquiring dredged material disposal sites.During this period, TxDOT was involved inlitigation with two property owners. InGalveston County, TxDOT acquired viacondemnation, 220 acres at a cost of$727,000 on the Bolivar Peninsula toprovide GIWW disposal property at therequest of the Corps of Engineers. BothTxDOT and the former property owner arecontesting the value awarded by theCondemnation Court. This case isscheduled to be heard in GalvestonCounty Court in late 2006. In AransasCounty, an adjacent property ownercontested the property survey associatedwith the purchase of 89 acres by TxDOT in1992. The adjacent owner claimedownership to approximately seven acres ofTxDOT property. TxDOT and the AttorneyGeneral Office investigated the claim. OnJune 23, 2006 these claims were denied.

The Laguna Madre Dredged MaterialManagement Plan and FinalEnvironmental Impact Statement werecompleted in September 2003. A Recordof Decision (ROD) was issued by the Corpsin April 2004. Concerns with the ROD bythe National Parks Service are still beingaddressed. The GIWW passes through thePadre Island National Seashore and theNational Parks Service still questions someaspects of the management plan fordredged material within the parkboundaries.

Maintenance DredgingActivitiesDuring 2005, approximately $23,960,000 infederal funds was expended by the Corpsin 100 percent federally contracted andfunded projects to operate and maintainthe structures and navigability of the TexasGIWW. Approximately 5,520,000 cubicyards of sediment were dredged in sixseparate projects. Of this material,approximately 3,220,000 cubic yards wereplaced in confined placement sites,1,490,000 cubic yards were placed inopen-bay sites, and 810,000 cubic yardswere used beneficially. 10 Figure 7 depictsthe relative volumes that were removedand the location along the waterway.

During 2006, approximately $26,538,000 infederal funds was expended by the Corpsin 100 percent federally contracted andfunded projects to operate and maintainthe structures and navigability of the TexasGIWW. Approximately 4,112,000 cubicyards of sediment were dredged in fiveseparate projects. Of this material,approximately 3,001,000 cubic yards wereplaced in confined placement sites,681,000 cubic yards were placed in open-bay sites, and 430,000 cubic yards wereused beneficially. 10 Figure 7 depicts therelative volumes that were dredged andtheir relative location along the waterway.

Chapter 3 Recent Activities

10

Figure 7 - FY 2005 and 2006 Dredging

Chapter 3 Recent Activities

11

Figure 8 - Habitat Creation

During FY 2005, TxDOT contributed$43,200 in state funds towards two GIWWbeneficial use of dredged material projectsto create 42 acres of emergent andmarshland habitat from 210,000 cubic

yards of dredged material in Aransas andCalhoun counties. These projects shouldbe fully completed by 2008. Figure 8illustrates how a typical habitat creationbeneficial use project works.

Maintenance Dredging Activities (Cont.)

Chapter 3 Recent Activities

12

On May 3, 2006, the Under Secretary ofCommerce for Oceans and Atmospheresigned a record of decision and a findingsof designation for the Mission-AransasNational Estuarine Research Reserve inTexas. This is the 27th research reserveestablished in the country and the firstreserve established in Western Gulf ofMexico biographic region. The leadagency in Texas for managing the reserveis The University of Texas Marine ScienceInstitute. (UTMSI)

The reserve as depicted in Figure 9 isapproximately 180,000 acres in size and

encompasses state submerged land in theMission-Aransas Estuary, the Aransas andMatagorda Island National WildlifeRefuges, several small conservation areas,and the UTMSI campus.11 The GIWW andvarious transportation projects located inthis area were excluded from the reserveto eliminate any potential conflictsbetween existing transportationinfrastructure and the reserve. An elevenmember Advisory Board of which TxDOT isa member has been setup to assist UTMSIin the management and development ofthe reserve.

Mission-Aransas National Estuarine Research Reserve

Figure 9 - Mission-Aransas National Estuarine Research Reserve

Chapter 3 Recent Activities

13

There are various items of possible legislativeconcern related to future operations of the GIWW.As previously mentioned,the bridges toGalveston Island continue to pose a navigationalhazard to commercial navigation. While TxDOT iscurrently replacing the highway bridges with newbridges that will have at least a 300-footnavigation opening,the replacement of theGalveston Railroad Bridge has not begun. Thislocation on the GIWW will continue to be anavigational hazard until all of the bridges arereplaced.

Funding levels are another area of concern. TheCorps has not received adequate operations andmaintenance funding to maintain the waterwayas designed. As conditions deteriorate betweendredging events,the Coast Guard has been forcedto impose channel restrictions on thetransportation industry. Drafts of barges havebeen restricted causing transportation costs toincrease. It is estimated that for every ton leftbehind due to draft restrictions,there is anincrease in transportation costs of at least$0.03/ton mile. With over 31 billion ton milestraveled on the GIWW in 2004,these costs quicklyaccumulate. Continued degradation of the state’swater transportation infrastructure and associatedincreases in transportation costs pose a real threatto the viability of the state’s extensive chemicaland petro-chemical industries.

An increasing population in Texas has resulted inincreased shoreline development along navigablewaterways. Marinas,residential developments,docks,piers,and other shoreline modifications areoccurring throughout the state. As more andmore projects are developed,safety issues aredeveloping for navigation interests. Navigationchannels are becoming restricted and congested.TxDOT has discussed this issue with the councilsof the Texas Coastal Management Program. Theirrecommendation was to address these concernsduring the comment period on Corps ofEngineers permit requests. TxDOT has sinceincreased its role in reviewing permits for

navigation safety issues.

Finally,TxDOT was designated as the non-federalsponsor of the GIWW in the 1975 Texas CoastalWaterway Act. In 1983,Texas and the FederalGovernment signed a Sponsorship Resolutiondetailing the non-federal sponsor’s duties. One ofthe primary duties of the non-federal sponsor isthe provision of all rights of way and necessarydisposal areas for maintenance and operation ofthe GIWW. While there are over 200 designateddisposal areas along the GIWW in Texas,TxDOThas only been required by the Corps to acquireand provide 15 parcels of property totaling justover 2,200 acres. The remaining parcels havebeen provided by landowners to the federalgovernment directly for use as disposal facilitiesby various real estate instruments includingrevocable easements. In recent years there hasbeen a dramatic increase in coastal developmentsand dredge site easements have been revoked.As a result,the landowners have chosen to selltheir land to developers who subdivide the landto create housing or business developments. Fewalternatives remain on the coast for dredgedmaterial,and as such,TxDOT must acquire someof this developable property,which costs muchmore than if it had remained an easement. Thereis no method for municipalities along the GIWWor TxDOT to regulate the development of thesedredge sites that are badly needed for continuedmaintenance of the waterway.

To support the state’s nonfederal sponsorship ofthe GIWW in Texas and facilitate planning,maintenance,preservation,research,andimprovement of the waterway,the state shouldcontinue to recognize and promote the waterwayas an integral and valuable part of the state’smultimodal transportation system. This can beaccomplished by providing the financial resourcesnecessary to support nonfederal responsibilitiessuch as acquisition of disposal areas and cost-sharing in beneficial use of dredged materialprojects.

Legislative Issues of Concern

CHAPTER 4

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Works Cited

1 Texas Department of Transportation, Strategic Plan 2007 - 2011

2 U.S. Army Corps of Engineers, Waterborne Commerce Statistics Center, WaterborneCommerce of the United States, 2004

3 Governor Rick Perry, Governor's Office of Budget and Planning, The Vision of TexasState Government, March 2002

4 Texas Parks and Wildlife, Coastal Fisheries Division, 2004 Texas Bay SystemCommercial Fishery Landings

5 U.S. Army Corps of Engineers, Waterborne Commerce Statistics Center, WaterborneCommerce of the United States, 2004

6 U.S. Army Corps of Engineers, Navigation Information Connection, TransportationMode Comparison – Energy-Environment-Efficiency

7 Office of Hazardous Materials Safety, Hazardous Material Incident Data, 2005

8 U.S. Army Corps of Engineers, Galveston District, GIWW Modifications, Texas, Section905 (b) (WRDA 86) Analysis

9 Gulf Intracoastal Canal Association, The Connecting Link, Vol. 6, Issue 1

10 U.S. Army Corps of Engineers, Galveston District, Various Project Specifications forDredging, 2005 – 2006

11 University of Texas at Austin, Marine Science Institute, Final Management Plan, TexasNational Estuarine Research Reserve: Mission-Aransas Estuary, 2006

TexasDepartment

of Transportation

125 East 11th Street, Austin, TX 78701www.txdot.gov

Produced by the Transportation Planning and Programming DivisionTexas Department of Transportation

Copies of this publication have been deposited with the Texas State Library in compliance with the State Depository Law.