Senate bill 3 environmental flows panel
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support a sound ecological environment and to maintain the productivity, extent, and persistence of key aquatic habitats in and along the affected water bodies. ...

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Senate Bill 3Environmental Flows Panel

Dan Opdyke

Danny Vance

Jack Tatum

Bob Huston


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Dan Opdyke

Texas Parks and Wildlife Department

TWCA Mid-Year Conference

June 19, 2009

SB 3 Article 1 Overview


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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


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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.


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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.


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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


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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


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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.


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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--


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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


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Senate Bill 3Environmental Flows Panel

Basin and Bay Area Stakeholders Committees

Danny Vance

Trinity River Authority


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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


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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


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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


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Duties of Basin and Bay Area Stakeholders Committees Stakeholders Committee (continued)

  • 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)


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Meetings Stakeholders Committee (continued)

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


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Meetings (cont.) Stakeholders Committee (continued)

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


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Meetings (cont.) Stakeholders Committee (continued)

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


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Trinity and San Jacinto Rivers and Stakeholders Committee (continued)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


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Trinity and San Jacinto Rivers and Stakeholders Committee (continued)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


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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.


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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


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Adaptive Management Science Team (cont.)

  • 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


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Senate Bill 3 Science Team (cont.)Environmental Flows Panel

Basin and Bay Expert Science Teams

Jack W. Tatum

Sabine River Authority of Texas



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Sabine and Neches Rivers and Sabine Lake Bay Stakeholders CommitteeBasin and Bay Expert Science Team


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Overall Duties and Responsibilities Stakeholders Committee

  • 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.”


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Overall Duties and Responsibilities, Continued Stakeholders Committee

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.


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Resources Available to the BBESTs Stakeholders Committee

  • 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.


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Environmental Flow Regime Recommendations Stakeholders Committee

  • Submit to

    • Basin and Bay Stakeholders Committee

    • Environmental Flows Advisory Group

    • Texas Commission on Environmental Quality

  • By

    • November 1, 2009


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Senate Bill 3 Stakeholders CommitteeEnvironmental Flows Panel

Texas Environmental Flows

Science Advisory Committee (SAC)

Bob Huston

Chair


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Statutory Provisions Stakeholders Committee

  • Appointed by the Environmental Flows Advisory Group (EFAG)

  • Five to nine members

  • Five (5) year terms

  • Objective perspective, diverse expertise


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SAC Members Stakeholders Committee

  • 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


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Primary Duties Stakeholders Committee

  • 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


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Specific Assignments in SB3 Stakeholders Committee

  • 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


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SAC Guidance Stakeholders Committee(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


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SAC Guidance Stakeholders Committee(Working Drafts in progress)

  • Nutrient and Water Quality Overlay to Hydrology-Based Instream Flow Recommendations

  • Biological Overlay to Hydrology-Based Instream Flow Recommendations


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Senate Bill 3 Stakeholders CommitteeEnvironmental Flows Panel

Q & A


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