Brazos River Authority
Pending Permit before the TCEQ

Background: THE STATE OF TEXAS OWNS ALL SURFACE WATER IN THE
STATE – VERY IMPORTANT POINT. The Brazos River Basin is estimated to contain a little over 2 million acre feet of Impoundment – the BRA has
698,759 acre feet per year (acft/y) allocation from TCEQ under their existing authorization/permit. BRA has 147 long term contracts totaling
661,901 acft/y from 11 reservoirs. Prior to 2011 - One-half of which was unused!

BRA filed for a newSystem Operating Permit (Sysop) permit with the TCEQ in 2004 for authorization to divert over 1 million acft/y from the Brazos
River Basin
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Several legal challenges were filed with the courts to stop the TCEQ from granting the permit o The courts ordered the BRA to develop and submit a Water
Management Plan (WMP) by November 2012 to demonstrate how it planned to manage and allocate future water diversions. o The draft WMP is available for review and comment at www.brazos.org
o Stakeholder input/involvement is critical in this process

TCEQ will/should open the process for additional stakeholder input before formalizing their position to the courts
Lake Limestone – Some Specifics

Remember the BRA has 147 long term contracts totaling 661,901 acft/y from 11 reservoirs in the Basin o Lake Limestone has approximately 208,017 acft of water at pool level with 7 contracts totaling 50,875 acft/y (16.5 billion gallons).

BRA diverted 487,851 acft in 2011 (worst drought in last 10 years) from the Basin

o BRA diverted 51,685 acft from Lake Limestone in 2011 (3 rd largest diversion from all 11 reservoirs) which is approx. 24.5% of total
Lake Limestone volume at pool level o BRA is not projecting to use/withdraw any additional volumes from
Lake Limestone through 2060 – Hooray!? o BRA can use/manage all water allocated on a system wide approach – needs downstream can be used for additional diversion
Conclusion o Time to get involved individually and through other organizations challenging Sysop/WMP/Drought Contingency Plan o Friends of Brazos River (FBR) has been formed, engaged and participants in the litigation – offering to provide guidance o Other organizations, corporations (DOW) involved in litigation o Focus attention/efforts at TCEQ o Submit comments/questions/concerns to all available agencies
 Recreational, economic, ecological impacts not being considered or addressed in analysis
 Siltation, global warming, evaporation rates etc. not addressed or fully identified in WMP
 WMP model and data may/should be questioned o BRA contracts – begin to understand process for new diversion applications and renewals ( 1 large contract expires in 2015 (NRG for 7,837 acft/y) BECOME INVOLVED and ENGAGED
Personal Observation o We are way behind the real forces objecting and taking legal action on this application o Application is not following legal/regulatory process o Decision is uniquely posed to initiate state water rights legal battle o May not have much of a voice BUT it all matters – get involved o Shouldn’t impact us significantly unless diversions for downstream sources becomes the norm

Key Sources/Contacts
Texas Commission of Environmental Quality: www.tceq.state.tx.us

Ron Ellis – ron.ellis@tceq.texas.gov
(512) 239-1282

Brazos Bay and Basin Stakeholder Committee o http://www.tceq.texas/gov/permitting/water_supply/water_rights
/eflows/braazos-river-and-associated-bay-and-estuary-systemstakeholder-committee-and-expert-science-team o TCEQ Docket # 2005-1490-WR
Brazos River Authority Webpage: www.brazos.org
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System Operating Permit & Water Management Plan: http://wwwbrazos.org/SysOps.asp
Friends of the Brazos: www.friendsofthebrazos.org
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Ed Lowe – ed@friendsofthebrazos.org
(214) 358-0612 o Richard Lowerre, Attorney – rl@lf-lawfirm.com
512-469-6000
Lake Granbury Home Owners Association:
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Joe Williams, President 817-235-8787