TCEQ Environmental Flows and Water Rights Permitting

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TCEQ – Environmental Flows and Water Rights Permitting Bruce Moulton Policy & Regulations Texas Commission on Environmental Quality

5.013 General Jurisdiction of Commission (a) The commission has general purview over: (l) water and water rights including the issuance of water rights licenses, water rights arbitration, cancelation of water rights, and requirement of water rights;

Acquisition of Right to utilize State Water The privilege to the utilization of state water might be procured by assignment in the way and for the reasons gave in this section… (§11.022)

Purposes for Which Water May be Appropriated-§11.023 (a) State water might be appropriated, put away or redirected for: Domestic/Livestock, Municipal, Agricultural & Industrial, Mining, Hydroelectric, Navigation, Recreation & Pleasure, Public Parks, Game Preserves (b)State water additionally might be appropriated, put away, or occupied for some other gainful utilize.

§11.0235 Policy Regarding Waters of the State (a) The waters of the state are held in trust for the general population, and the privilege to utilize state water might be appropriated just as explicitly approved by law. (b) Maintaining the natural soundness of the state's streams, lakes, narrows, and estuaries is of extraordinary significance to people in general's monetary wellbeing and general prosperity.

§11.0235 Cont. (c) The governing body has explicitly required the commission while adjusting every other enthusiasm to consider and accommodate the freshwater inflows important to keep up the feasibility of the state's sound and estuary frameworks in the commission's standard giving of grants for the utilization of state waters.

§11.0235 Cont. (d) The assembly has not explicitly approved giving water rights solely for: Instream streams devoted to natural needs or inflows to the state's narrows and estuary framework; or (2) Other comparable valuable employments.

§11.0235 Cont. (e) The way that more prominent weights and requests are being put on the water assets of the state makes it of principal significance to reevaluate the procedure for guaranteeing that these imperative needs are viably tended to in clear designations of specialist to the commission.

Granting a Water Right In its thought of an application for another or revised water right, the Commission might evaluate the impacts, assuming any, on the issuance of the allow or correction on: 1. Sounds and Estuaries - §11.147(b) 2. Existing Instream Uses- - §11.147(d) 3. Angle & Wildlife Habitats- - §11.147(e), §11.152 4. Water Quality- - §11.150 5. Groundwater or Groundwater Recharge- - §11.151

Applications Subject to an Environmental Assessment Increase the aggregate appropriative amount Significant change in purpose of redirection (e.g., moving the preoccupation point an extensive separation upstream where streamflows are fundamentally less, moving the preoccupation indicate a tributary, or moving the redirection point into natural surroundings of undermined or jeopardized species) Change in redirection rate Significant change set up of utilization

Instream Flow Recommendations Site particular reviews – When accessible, site particular data is utilized. Without site particular data, staff apply the Lyons' Method (Bounds and Lyons, 1979). This approach utilizes 60% of the middle stream amid the warm months (March-September) and 40% of middle amid cool months (October – February). In examples where the 7Q2 esteem (two year, seven day low stream) is more noteworthy than Lyons', 7Q2 is utilized.

Freshwater Inflows For grants issued inside a territory that is inside 200 waterway miles of the drift… the Commission should incorporate into the allow, to the degree practicable while considering open interests, those conditions important to keep up useful inflows to any affected sound and estuary framework.

Freshwater Inflows Freshwater Inflow thinks about have been directed for the seven noteworthy estuaries. Ponders on the minor estuarine frameworks are booked to be finished by 2008. Suggestions for the Lavaca-Colorado Estuary were produced by the Lower Colorado River Authority. Inflow proposals for three estuaries have been finished by the TPWD in conference with the TWDB.

Bays & Estuaries Data For motivations behind deciding conditions important to keep up valuable inflows, the commission might consider among different elements "… studies and plans indicated in Section 11.1491 of this code and different reviews considered by the commission to be solid… "

Case Studies Matagorda Bay (Colorado-Lavaca Estuary): Results of the freshwater inflow concentrate consolidated into LCRA's Water Management Plan for the Lower Colorado River. Nueces Estuary: Freshwater inflows for Nueces Bay are indicated in the Agreed Order for the operation of the Choke Canyon - Lake Corpus Christi framework. Lavaca Bay: Freshwater inflow discharge calendar was produced as a component of the LNVA's Lake Texana water right correction in 1996.

Lower Colorado River Authority Water Rights for Highland Lakes arbitrated in 1988 Required a Water Management Plan Included support of instream streams and freshwater inflows for the Matagorda Bay framework In 1992, Instream Flow Study finished

Water Management Plan-Process Review of strategies and projects Series of open gatherings to request enter Issues stock instructions papers arranged for each meeting Summaries of gatherings arranged for open survey

Instream Flow Needs (LCRA) MOU with TPWD w/objective of keeping up F&W assets in lower bowl Established to sets of stream needs: (1) basic streams and (2) target streams Critical—Daily least streams to keep up a "practical" amphibian living space Target—Daily streams which boost accessible sea-going natural surroundings

Bay & Estuary Needs (LCRA) Cooperative assention w/TWDB,TPWD, and TNRCC to perform study Established two levels of inflow needs: (1) Target and (2) Critical

B&E Needs (LCRA) Cont. Basic—Minimum aggregate yearly inflow to keep saltiness at 25ppt or underneath at mouth of streams. Give asylum amid dry seasons

LCRA Environmental Flow Recommendations Incorporated into the LCRA Water Management Plan Dynamic record Freshwater inflow restudy

Instream Flow Targets (cfs)

Target & Critical Freshwater Inflow Needs

Nueces Estuary Advisory Council Letter submitted to the TWC in December 1989 charging resistance with exceptional conditions contained in a water right allow held by the City of Corpus Christi and the Nueces River Authority

"Uncommon" CONDITION 5.B. "Taking after culmination and filling of Choke Canyon Dam and Reservoir, planned discharges might be produced using the store framework at Lake Corpus Christi Dam together with return streams to the estuaries for the best possible biological condition and strength of related living marine assets in that. Water gave to the estuaries from the store framework under this section might be discharged in such amounts and as per such operational methods as might be requested by the Commission.

5.B. (Cont.) Permittees might give at least 151,000 section of land feet of water per annum for the estuaries by a blend of discharges and spills from the repository framework at Lake Corpus Christi Dam and return streams to Nueces and Corpus Christi Bays and other getting estuaries."

Commission Actions Established Technical Advisory Committee Acting on TAC suggestions, set up between time inflow targets and made Nueces Estuary Advisory Council to create operational strategies to meet the motivations behind the Special Condition Issued an Interim Agreed Order

Agreed Order 1992—Interim Agreed Order Issued 1995—Final Agreed Order Issued 1997,2001, and 2002—Agreed Order Amended

Agreed Order The City of Corpus Christi, as Operator of the Reservoir System, should give at the very least 151, 000 acft of water for every annum for the estuaries >70% capacity limit—138,000 acft target >40% however under 70%- - 97,000 acft target >30% yet under 40%- - 1,200 acft target* <30%- - Total suspension of Pass-thrus* * Implementation of Drought Contingency Provisions

Target f.w. Inflow Needs(in acft) for the Nueces Estuary

Rincon Overflow Channel Nueces Overflow Channel

Lake Texana (Palmetto Bend) Water Right Permit issued in September 1972 Contained arrangement: "Until the TWDB has accommodated the deal and additionally utilization of all waters approved to be occupied from this venture in the way endorsed, the TX Water Rights Comm. May, upon application and legitimate request,…

Provision (Cont.) "… approve and arrange the arrival of State water for any valuable reason, including arrivals of water for research purposes in the Lavaca-Matagorda Bay and Estuary System."

Adjudication of Water Rights Certificate of Adjudication issued in 1981 Amended in 1985—Provision: This testament is issued subject to all senior and predominant water rights and, as might be dictated by the Commission, to the arrival of water for the support of the Lavaca-Matagorda Bay and Estuary System

Environmental Studies Joint exertion by LNRA, TWDB, TPWD, and Sierra Club Certificate altered in 1994 to include Bay and Estuary discharge plan 2-layered approach in view of store limit Pass through depends on chronicled month to month medians as well as means

Target Inflows (in cfs)- Pass up to…

Galveston Bay Freshwater Inflows Group Convened in 1996 through the endeavors of the Galveston Bay Foundation, City of Houston, and Trinity River Authority GOAL: Develop a procedure that will prompt to determination of worries about freshw