Environmental Flows

March 2, 2017

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Historical Consideration of Environmental Flows

• Balance biological soundness with public health and general well-being

• Ecological maintenance• Special Conditions

Permitting

• Statistics• Site-specific studies

Technical Underpinnin

gs

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Paradigm ShiftThe ‘96 Drought

~$6 billion economic losses in ‘96 (mostly agriculture)~300 entities with threat to water supplies

1997 – Senate Bill 1

2001 – Senate Bill 22007 – Senate Bill 3

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Required TCEQ to adopt rules related to environmental flows

Standards adequate to support a sound ecological environment, to the maximum extent reasonable when considering human water needsEstablish procedures for implementing an adjustment of the conditions included in a permit or amendment

The standards are not intended to apply to applications that do not request a new appropriation of water, or existing permits

SB 3 changed the process

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Standards for Priority Basins – 2011-2014 Texas Administrative Code, Title 30,

Ch. 298Sub-

chapter

Basin and Bay System

A General Provisions

B Trinity and San Jacinto Rivers and Galveston Bay

C Sabine and Neches Rivers and Sabine Lake

D Colorado and Lavaca Rivers and Matagorda and Lavaca Bays

EGuadalupe, San Antonio, Mission, and Aransas Rivers and Mission, Copano, Aransas, and San Antonio Bays

F Nueces River and Corpus Christi and Baffin Bays

G Brazos River and its associated bay and estuary system

H Rio Grande, the Rio Grande estuary, and the Lower Laguna Madre

None Canadian, Cypress, Red, and Sulphur

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Instream Environmental Flow RegimeComponent DescriptionOverbank Flows Naturally driven, infrequent, high magnitude flow

events that exceed channel banks.

Not adopted due to risk of liability.High Flow Pulses Short duration, high magnitude (but within channel)

flow events.

Rainfall derived.Base Flows Range of “average” or “normal” flow conditions in

the absence of significant precipitation or runoff events.

Subsistence Flows

Atypical, short-duration low flow event

Seasonal magnitudes generally based on historic attainment frequencies

Standards

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Estuarine Freshwater Inflow RegimeWithin Instream ecology flow is the primary driver. Estuaries are more complex.

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Estuarine Freshwater Inflow Regime

Seasonal/Annual magnitudes generally based on historic attainment frequencies

Standards

Within Instream ecology flow is the primary driver. Estuaries are more complex.

Salinity, habitat, organism preferences have been used as surrogates for ecological “health”.

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Required development of Work Plans that must:

Establish periodic review of recommendations,

standards, and strategies (at least once

every 10 years);

Prescribe specific monitoring, studies, &

activities;

Establish a schedule for continuing the validation

or refinement of analyses,

recommendations, standards, and

strategies.

SB 3 contains provisions for a continuing adaptive management

process

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Funding

Work Plans6 of 7 Work Plans written

Only one (Sabine) formally approved by Environmental Flows Advisory Group

FY 2016-2017$1.5 Million

17 Priority Projects

FY 2014-2015$2 Million

15 Priority Projects

$0.5 Million

9 Additional Studies

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FY 2014-2015 Environmental Flow StudiesTrinityLiDAR Acquisition and Flow Assessment for the Middle Trinity RiverDefining bioindicators for freshwater inflow needs studiesDetermination of freshwater inflow volume from the Trinity River into Trinity BayBrazosEnvironmental flow standard validation and integration of river flows and Brazos basin estuary responseColorado/LavacaStudies to evaluate achievement of freshwater inflow standards and ecological responseEvaluation of potential strategies to help provide needed instream flows or freshwater inflows to support an ecologically sound stream or estuaryGuadalupe/San AntonioInstream Flows Research and Validation Methodology FrameworkGuadalupe Bayou Flow and Inundation StudyRangia Clam InvestigationsAssessing Effects of Freshwater Inflows and Other Drivers on Population Dynamics of Blue Crab and White Shrimp using Multivariate Time-Series Modeling FrameworkStrategy options for meeting attainment frequencies for the estuariesNuecesExplore landform modifications to Nueces Bay and Nueces DeltaNueces watershed pre- and post-reservoir nutrient budgetsImprove salinity modeling methods for determining environmental inflow regimes for Nueces basin: Nueces Delta and Bay using a 3-D hydrodynamic modelRe-examination of the 2001 Agreed Order monthly targets and safe yield versus current demand evaluations

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USGS/TWDB• Real-time sediment

and water-quality data collection

• May 2014 to December 2015

• Improve understanding of the delivery of freshwater inflows.

• Part of larger effort− Trinity River, − Colorado River, − Guadalupe-San Antonio River

and − Nueces River.

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LiDAR Acquisition and Flow Assessment for the Middle Trinity River• Trinity River Authority• Combination of:

− LiDAR Data Acquisition− Long-term data collection− Significant field component− Modeling

• Characterize inter-relation of standards and instream physical and ecological characteristics

− Geomorphology− Biology− Hydrology

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Nueces• Nueces Estuary Advisory Council

−Formed as part of Corpus Christi’s permit• Active role in adaptive management process

−Nutrient Budget−Hydrodynamic salinity modeling−Re-examination of the 2001 Agreed Order

monthly targets (Safe Yield vs. Current Demand Evaluations)

−Using landform and hydraulic modifications to increase the benefit of Freshwater Inflows to Nueces Bay and the Delta

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FY 2016-2017 Environmental Flow StudiesTrinity-San Jacinto BasinContinue evaluation of adopted Senate Bill 3 environmental flow standards $110,000

Analysis of streamflow and nutrient and sediment concentrations in the Lower Trinity River watershed $100,000

Continue defining bioindicators for freshwater inflow needs studies $90,000Brazos Basin

Environmental flow standard validation and integration of river flows and Brazos basin estuary response $300,000

Colorado-Lavaca Basin

Ecological indicators and habitat characterization in Colorado and Lavaca river basins $160,000

Evaluate the variability of sediment and nutrient loading into Matagorda Bay $60,000

Improve simulation of groundwater/surface water interaction in the Groundwater Management Area 12 groundwater availability model $60,000

Evaluate trends in rainfall-runoff relationship in Upper Colorado River Basin $20,000

Cost

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FY 2016-2017 Environmental Flow StudiesGuadalupe-San Antonio Basin Continuation of Texas Instream Flow Program type studies $151,500Continued study of key estuarine faunal species $86,000Evaluate the variability of sediment and nutrient loading into San Antonio Bay $62,500Verification and feasibility assessment for landform modifications in the Nueces Delta

$60,000

Identify vegetation/marsh changes occurring in the Rincon Bayou Delta and the relationship of those changes to freshwater inflow

$40,000

Nueces BasinNutrient budget for Nueces Bay $75,000Nueces Bay circulation assessment project $55,000Explore and evaluate alternative methods to increase freshwater to the Nueces Delta

$50,000

Re-examination of the 2001 Agreed Order monthly targets: Phase 2 $20,000Freshwater InflowsCoast-wide bay water quality monitoring and instrumentation $165,000Development of a hydrodynamic model for the Trinity River Delta $85,000Salinity and ecosystem monitoring in Coastal Bend estuaries $59,000Nutrient and sediment monitoring of Nueces River inputs to Nueces Bay $50,000San Antonio Bay water circulation monitoring $6,000Instream FlowsExpand study of riparian productivity along priority river segments $50,000Scientific peer review of reports for priority river segments $45,000Water quality model of the Guadalupe River $35,000Support for two-dimensional hydraulic modeling efforts $5,000

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Ongoing work of the Stakeholder and BBEST Committees• Workplans established general “plan”

• As funding has been made available, work has focused upon:−Prioritization−Cost−Identification, recommendation, and monitoring

of ongoing studies

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Future Environmental Flow StudiesIn general terms, roughly 100 remaining studies identified

Estimated cost on magnitude of ~$30 MillionDoes not include routine data collection or water planning studies

Funding PictureAgencies requested by Legislature to provide 2.5%, 5%, and 10% cut list

Of the $2 Million for continuing E-flow studies5% Cut List: $1.4 Million

10% Cut List: $600K

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Senate Bill 2 Studies• Six priority sub-basins• Selected based on

potential projects, permitting issues, and other factors

• Began in 2008• Assessment of:

− Aquatic life and habitat− Water quality− Movement of nutrients

and organisms− Stream channel

formation− Relationships between

rivers and surrounding habitat

• Ongoing

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Environmental Flows for the Caddo Lake Watershed and Cypress Creek Basin• Initiated in 2004• Participants:

− Caddo Lake Institute− Nature Conservancy

− USACE− Northeast Texas

Municipal Water District

Objective: Assure adequate environmental flows to sustain ecological, recreational, and economic values of rivers in the Caddo Lake watershed.

Voluntary process relying on methodology from Sustainable Rivers Program of Nature Conservancy and USACE, adjusted to be consistent with SB 2 and SB 3.

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ImplementationTexas Water Code Sec. 11.147(e-1)

Must include a provision allowing the commission to adjust the conditions included in the permit or amended water right to provide for protection of instream flows or freshwater inflows.

New Amendment(increase)

Any permit

Does not apply to appropriations issued before September 1, 2007.

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The Adjustment Process30 TAC 298.25 (a) – (g)

TCEQ shall adjust conditions if commission determines, through an expedited public comment process, adjustment is appropriate.

In combination with any previous adjustments, may not increase the amount of the environmental flow requirement by more than 12.5% of the annual total of the requirement contained in the permit.

Applicable only to the increase in the amount of water

Consider priority dates and diversion locations of other water rights subject to adjustment

Adjust permit conditions but not necessarily include the standards in the permits

Consider voluntary contributions (credit)

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TCEQ Draft Implementation Guidelines• TCEQ presented initial Draft guidance in June

2015 stakeholder meeting.• Received comments on initial draft

−(including comments from TWCA)• TCEQ presented revised draft guidelines in

March 2016Describes how TCEQ staff propose to formulate recommendations for flow restriction special conditions for permits or amendments that request new appropriations of water

Describes the proposed process for voluntary contributions and adjustments of permit conditions.

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Environmental Standards in Permitting

Assigned priority date from rules.

WAM includes all instream standards at all measurement points.

Applicant can request a different point (translation).

Freshwater inflow standards not implemented as special conditions in new water rights• WAM utilized to determine potential impairment based on

estuarine criteria in adopted rules.• New permits included in model for subsequent availability and

impairment evaluations

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Federal Process

Maintenance of environmental flows as part of operations

Can require mitigation to address project impacts

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Going Forward

Second phase studies progress towards August deadlinesPerhaps Six years into the 10-year minimum periodic review cycleBasins with no environmental flow standards• Potential ranges:

• Lyons-based criteria; to• Site-specific studies.

Schedule for remaining basins subject to EFAG• EFAG has not met in some time• No information on current status

Tony L. Smith, P.E.Carollo Engineers

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Surface WaterTWC 11.021(a) “State water” is defined as:

• The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is the property of the state.

TWC 11.121 Permit Required• No person may appropriate any state water or begin construction of

any work designed for the storage, taking, or diversion of water without first obtaining a permit from the commission.

• Exemptions include:1. 200 acre feet (or less) dam or reservoir for domestic and

livestock purposes 2. 200 acre feet (or less) dam or reservoir for fish and wildlife

purposes

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Senate Bill 2Addressed importance of balancing human and environmental water needs.

Directed the 3 agencies, in cooperation with other appropriate agencies, to:

"…jointly establish and continuously maintain an instream flow data collection and evaluation program…"

"…conduct studies and analyses to determine appropriate methodologies for determining flow conditions in the state rivers and streams necessary to support a sound ecological environment."

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Water-Related State Agencies

PLANNING RESOURCEPROTECTIONPERMITTING