Senate Bill 3
Environmental Flows Panel
Dan Opdyke
Danny Vance
Jack Tatum
Bob Huston
SB 3 Article 1
Overview
Dan Opdyke
Texas Parks and Wildlife Department
TWCA Mid-Year Conference
June 19, 2009
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
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 a consensus-based, regional approach
involving balanced
representation of stakeholders
and that such a process should
be encouraged throughout the
state.
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 a sound ecological environment and to maintain
the productivity, extent, and persistence of key aquatic
habitats in and along the affected water bodies.
Existing State and
Regional Groups
TCEQ,
TWDB,
TPWD
input as
appropriate
Basin and Bay Area
Stakeholder Committees
(BBASC)
Environmental Flows Advisory
Group (EFAG)
Senator Averitt
Representative Hamilton,
Co-presiding Officers
Science Advisory
Committee (SAC)
Bob Huston, Chair
Jerry Clark,
Sabine/Neches Chair
Danny Vance,
Trinity/SJ Chair
Public Input
Basin and Bay Area Expert
Science Teams (BBEST)
Jack Tatum,
Sabine/Neches Chair
TCEQ Rule Making
Bill Espey,
Trinity/SJ Chair
Primary Roles
TCEQ,
TWDB,
TPWD
input as
appropriate
Environmental Flows Advisory Group
(EFAG)
∙ Provide Oversight, Review and Make
Recommendations, and Report to
State Leadership
Basin and Bay Area Stakeholder
Committees (BBASC)
∙ Consider Human Water Needs
and Recommend Environmental
Flow Standards and Strategies
Science Advisory Committee
(SAC)
∙ Provide Science-based
Direction, Coordination, and
Consistency
Basin and Bay Area Expert
Science Teams (BBEST)
Public Input
TCEQ Rule Making
∙ Establish Flow Standards
and Set-asides
∙Develop Science-based
Environmental Flow
Analysis and Recommend
Environmental Flow Regime
(without regard to other
needs)
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.
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--
TCEQ, TWDB, and TPWD
Agency Roles
All resource agencies provide technical
assistance as appropriate
TCEQ
• Overall coordination and facilitation
www.tceq.state.tx.us/permitting/water_supply/water_rights/eflows/group.html
TWDB
• Budget and contracting
Senate Bill 3
Environmental Flows Panel
Basin and Bay Area Stakeholders
Committees
Danny Vance
Trinity River Authority
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
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
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
Duties of Basin and Bay Area Stakeholders
Committees
n
n
n
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)
Meetings
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
Meetings (cont.)
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
Meetings (cont.)
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
Trinity and San Jacinto Rivers and
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
Trinity and San Jacinto Rivers and
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
Relationship between Stakeholders
Committee and Expert Science Team
n
n
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.
Relationship between Stakeholders
Committee and Expert Science Team (cont.)
n
Make recommendations on
environmental flow standards and
strategies to TCEQ and the
Environmental Flows Advisory Group
Adaptive Management
 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
Senate Bill 3
Environmental Flows Panel
Basin and Bay Expert Science Teams
Jack W. Tatum
Sabine River Authority of Texas
Sabine and Neches Rivers and Sabine Lake Bay Area
Stakeholders Committee
Name
Alford, David
Arnold, Joe W.
Bean, Christopher L.
Bonds, Keith
Representing
Name
Representing
Groundwater
Conservation Districts
Industrial Water Users -Chemical Manufacturing
Recreational Water
Users
Moore, Chester
Recreational Water
Users
Newman, Rodney
Agricultural Water
Nichols, Jerry D.
Soil and Water
Conservation Districts
Municipalities
Oubre, Sinclair
Commercial Fishermen
Puckett, Jo M. (Jody),
P.E.
Municipalities
Roemer, David
Public Interest Groups
Industrial Water Users -Carter, W. Greg, P.E.
Refining or Electricity
Generation
River Authorities and
Clark, Jerry (Committee
Other Conservation and
Chair)
Reclamation Districts
Industrial Water Users -Davis, Katherine
Production of Paper
Products or Timber
Dickson, Kenneth D.
Agricultural Water Users
Sherron, C.R "Dick"
Drury, Bruce
Environmental Interests
Glenn, Walter
Groundwater
Conservation Districts
Staton, Bob
Stroder, Robert, P.E.
(retired) (Committee
Vice-Chair)
River Authorities and
Other Conservation and
Reclamation Districts
Agricultural Water Users
-- Free-range Livestock
Environmental
River Authorities and
Other Conservation and
Reclamation Districts
Turk, Jeanie
Public Interest Group
Regional Water Planning
Holcomb, Kelley
Groups (Region I Water
Planning Group)
Jackson, Kathleen Thea, Industrial Water Users -P.E.
Refining
Shank, Monty D.
Sabine and Neches Rivers and Sabine Lake Bay
Basin and Bay Expert Science Team
Name
Affiliation
Graham, Gary
G.E. Walker & Associates, L.L.C.
Hall, Scott (Vice Chair)
Harrel, Richard
Hunt, Rex H.
Kelley, J Roger
McBroom, Matthew
McCullough, Jack D.
Parkhill, David L.
Tatum, Jack W. (Chair)
Vaugh, Samuel Kent
Winemiller, Kirk
Lower Neches Valley Authority,
General Manager
Lamar University, Clean Air & Water,
Inc.
Alan Plummer Associates, Inc., Sr.
Project Manager
LBG, Inc., General Manager Environmental
Stephen F. Austin State University,
Assistant Professor
Stephen F. Austin State University,
Research Scientist
AECOM Water, Vice President
Sabine River Authority of Texas, Water
Resources Manager
HDR Engineering, V.P., Project
Manager
Texas A&M University, Professor
Overall Duties and Responsibilities
• 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.”
Overall Duties and Responsibilities,
Continued
• 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.
Resources Available to the BBESTs
• 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.
Environmental Flow Regime
Recommendations
• Submit to
– Basin and Bay Stakeholders Committee
– Environmental Flows Advisory Group
– Texas Commission on Environmental Quality
• By
– November 1, 2009
Senate Bill 3
Environmental Flows Panel
Texas Environmental Flows
Science Advisory Committee (SAC)
Bob Huston
Chair
Statutory Provisions
• Appointed by the Environmental Flows
Advisory Group (EFAG)
• Five to nine members
• Five (5) year terms
• Objective perspective, diverse expertise
SAC Members
•
•
•
•
•
•
•
•
•
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
Primary Duties
• 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
Specific Assignments in SB3
• 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
SAC Guidance
(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
SAC Guidance
(Working Drafts in progress)
• Nutrient and Water Quality Overlay to
Hydrology-Based Instream Flow
Recommendations
• Biological Overlay to Hydrology-Based
Instream Flow Recommendations
Senate Bill 3
Environmental Flows Panel
Q&A