Flowing Rivers and Healthy Bays: New Legislation Will Protect Water for the Environment

In 2001, the Rio Grande failed to reach the Gulf due to a combination of drought and overuse. Texas’ popula-tion is expected to double by mid-century, threatening other Texas rivers with the same fate if nothing is done.

Fall 2008

The last flock of wild, mi-grating whooping cranes winters along the Texas coast. Populations of its main food source, the blue crab, are correlated with the amount of freshwater flow-ing into the San Antonio Bay system. A new law creates a process to determine how much freshwater the bay needs to stay healthy.

What are ‘environmental flows’?

Environmental flows are the amount of water necessary for a river, estuary or other freshwater system to maintain its health and productivity.

Why this law is unique

In Texas, like much of the West, the concept of leaving water for the environment has been controversial. Water left in a river to flow out into an estuary or the Gulf of Mexico was once commonly described as ‘wasted.’ Now we know better. The new law is one of the most comprehensive in the nation, as it will set environ-mental flow standards for every major river system in the state. The law sets up a public process for soliciting input from scientists and stakeholders. The state will then adopt legal standards for each river and bay system. If implemented well, this should set a national precedent showing how water re-sources can be managed rationally to meet human needs and protect the environ-ment. The legislation grew out of negotiations between environmental groups and an association of water suppliers.

Why it matters to wildlife

This new law will benefit rivers and streams throughout the state, but its impact may be most pronounced along the coast. Texas has seven major coastal estuaries, or bays, formed by freshwater from rivers mixing with the saltier water of the Gulf of Mexico. This mixture of salt and fresh water is vital for fish, shrimp, oysters, crabs and many species of birds. It is the en-gine behind the $2 billion coastal recreational and commercial fishing economy. The diversity of bird species found on the Texas coast is among the highest in the world. A birding destination near Matagorda Bay, for example, regularly tops the Audubon Society’s prestigious Christmas Bird Count. The endangered whooping crane, which winters along San Antonio Bay near the mouth of the Guadalupe and San Antonio rivers, illustrates the importance of adequate flows (photo).

The issue is pressing

Texas is growing faster than any other state in the nation; the population may dou-ble by mid-century. Projections, such as the National Wildlife Federation’s 2004 report Bays in Peril, indicate that many of the state’s rivers and estuaries could end up deprived of adequate freshwater, particularly in drier years. However, there is still time to change course and to avoid serious long-term damage to Texas’ rivers and estuaries.

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Determining how much water is needed

The new law establishes a process for determining how much water is needed and begins the process of securing the water for the environment. Each area of the state will have a team of stakeholders from diverse interest groups and a science team made up solely of technical experts. The science team will make recommendations for flow quantities based on what the best available science indicates the rivers and bays need. Then the stakeholder group will look at the science team recommendations and consider them in conjunction with water management policies to develop their own set of recommendations. The Texas Commission on Environmental Quality will then consider both the sci-ence team recommendations and the stakeholder group recommendations, along with public input, and adopt formal environmental flow standards. These standards will be the goals for the amount of flows in the river and into the associated bay system. The flow standards likely will use a building-block approach, with a minimum level of flows to be provided during droughts and additional flow levels to be provided during wetter periods. Securing the water

When adopting the flow standards, the state environmental commission will also “set-aside” some of the water that is not already spoken for by existing permits. In some river systems, however, there will be little water available for the environ-mental flow set-asides. In these cases, the stakeholder groups will make recommen-dations on how to make up the difference. This will likely include the dedication of urban return flows, incentives to use water more efficiently, and donations or volun-tary purchases of existing water rights.

Commercial and recrea-tional fishing along the Texas coast create $2 billion of economic activity annu-ally. Most of Texas’ marine sportfish depend on the mix of salt and fresh water found in estuaries for at least one part of their life-cycle.

The new law will set flow levels at various points in Texas’ rivers, protecting water in the river as well as where the river finally flows into an estuary along the Gulf of Mexico. It is arguably the most comprehensive law of its kind in any state in the nation.

Please get involved! Go to our website www.texaswatermatters.org/flows.htm to learn about what’s happening in

your area, sign up to get updates as they happen, and to get involved with the stakeholder process.

Questions? Call 512-476-9805 or email Jennifer Ellis at ellis@nwf.org.

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Basins starting the process July 2008 A. Sabine & Neches rivers, Sabine Lake B. Trinity & San Jacinto rivers, Galveston Bay

Basins starting the process May 2009 D. Colorado & Lavaca rivers, Matagorda & Lavaca bays E. Guadalupe, San Antonio, Mission, & Aran-sas rivers, Aransas & San Antonio bays

Basins starting the process May 2010 C. Brazos River & estuary area F. Nueces River, Corpus Christi & Baffin bays G. Rio Grande & Lower Laguna Madre

Basins with dates to be determined H. Cypress River Basin I. Sulphur River Basin J. Red River Basin K. Canadian River Basin

An Overview of the Environmental Flows Allocation Process

Please turn over for a description of the process

Public Input

Environmental Flows Advisory GroupThis group creates both the Texas Environmental Flows Science Advisory Committee and the individual Bay/Basin Stakeholder Groups. They will also define the bay/basin areas. This Group may also make comments to TCEQ about the various flows recommendations.

Bay/Basin Stakeholder GroupMembers are to be named by the Environmental Flows Advisory Group. The Bay/Basin Stakeholder Group then establishes the Bay/Basin Expert Science Team. The Stakeholder Group will provide flows recommendations, based on considerations of science and policy, directly to TCEQ and also to the Environmental Flows Advisory Group.

Texas Commission on Environmental QualityTCEQ Commissioners will receive recommendations from Bay/Basin Stakeholder Group and Bay/Basin Expert Science Team as well as input from Environmental Flows Advisory Group, agency staff, and interested members of the public. Based on those recommendations and input, and taking both science and policy into account, TCEQ adopts rules establishing environmental flow standards for the bay/basin area, including a set-aside of unappropriated flows.

Texas Environmental Flows Science Advisory CommitteeWill provide science-based recommendations to agency staff regarding ongoing studies and, through a liaison member, work with Bay/Basin Expert Science Teams to ensure consistent application of scientific principles.

End

Start

Gray to Blue shaded boxes indicate scientific and policy consideration

Bay/Basin Expert Science TeamWorking with technical support from state agencies and academic institutions, the Science Team will develop flow recommendations based solely on best available science. Recommendations will be presented to the Bay/Basin Stakeholder Group, the Environmental Flows Advisory Group and TCEQ.

TCEQ, TPWD & TWDBAgency scientific staff provide technical support and input to Bay/Basin Expert Science Team. Agency staffs also continue work on ongoing long-term studies of instream flow and freshwater inflow needs.

Gray boxes indicate scientific consideration

only

Key

Fall 2007

THE PROCESS

Interaction of Bay/Basin Stakeholder Groups & Bay/Basin Science Teams

1. The Bay/Basin Stakeholder Group establishes Bay/Basin Science Team. Science Team is made up of scientists and technical experts with knowledge of region-specific issues and of scientists and technical experts with experience in developing environmental flow recommendations.

2. Stakeholder Group makes arrangements with state agencies and academic institutions to provide technical support for Stakeholder Group and for Science Team. Technical support would consist of efforts like performing literature reviews, undertaking water availability calculations using state water availability models, and helping to compile available information for use by the Stakeholder Group and Science Team. However, technical support would NOT include responsibility for developing the actual recommendations, which will be undertaken collectively by the Science Team.

3. Neither technical support contractor nor Science Team will be expected to undertake new substantive studies. Best available science will be used based on existing studies.Recommendations from the Science Team should note critical uncertainties and should identify information gaps that need to be addressed through future studies to help inform adaptive management process.

4. Bay/Basin Science Team develops its recommendations for a flow regime that, based solely on best available science, would be adequate to protect a sound ecological environment and to maintain the productivity, extent, and persistence of key aquatic habitats in and along the affected water bodies. The Texas Environmental Flows Science Advisory Committee provides input, as appropriate. Because the Science Team would be meeting and working locally, Stakeholder Group will be able to observe process to help inform subsequent stakeholder decisions.

5. Stakeholder Group then develops their own set of recommendations by considering the science-based recommendations in conjunction with important water policy considerations.The resulting Stakeholder recommendations will include proposals for the extent to which recommended flows should be provided through set aside of unappropriated flow.

6. TCEQ receives science-only recommendations from Bay/Basin Science Team, and science and policy combined recommendations from Bay/Basin Stakeholder Group. TCEQ also receives input from Environmental Flows Advisory Group, agency staff, and interested members of the public. Having separate science-based recommendations ensures that policy tradeoffs are transparent and helps to ensure a better informed TCEQ rulemaking process.

7. TCEQ adopts rules establishing environmental flow standards for the bay/basin area based on these recommendations and input, taking both science and policy into account. These rules will include a set-aside of unappropriated flows.

Trinity & San Jacinto Rivers/Galveston Bay Timeline for the Environmental Flows Allocation Process

Original

Dates (SB3) Revised Dates*

(re: 7/08 EFAG mtg) Action

09/01/07 Senate Bill 3 and House Bill 3 take effect, beginning the Environmental

Flows Allocation Process.

Before

11/01/07 The Environmental Flows Advisory Group is created.

Before

11/01/07

Named at 7/08

EFAG mtg The Texas Environmental Flows Science Advisory Committee is created.

By 11/01/07 Map adopted at

7/08 EFAG mtg

The Environmental Flows Advisory Group defines the geographical

extend of the river basins/bay system area for the purposes of developing

environmental flow regime recommendations.

By 11/01/07 Named at 7/08

EFAG mtg

The Environmental Flows Advisory Group appoints the Bay/Basin

Stakeholder Group.

By 03/01/08 By 12/1/08 The Bay/Basin Stakeholder Group establishes the Bay/Basin Expert

Science Team.

03/01/08 -

03/01/09

12/1/08 – 12/1/09

(one year)

The Bay/Basin Expert Science Team uses best available science to

develop its recommendations for an environmental flow regime to protect

a sound ecological environment. The Team submits these

recommendations to the Bay/Basin Stakeholder Group (and to the

Environmental Flow Advisory Group and the Texas Commission on

Environmental Quality) by 12/1/09. These recommendations are solely

science-based.

03/01/09 -

9/01/09

12/1/09 – 6/1/10

(six months)

The Bay/Basin Stakeholder Group considers the Bay/Basin Expert

Science Team’s recommended environmental flow regime, the associated

policy considerations, and strategies to meet the flow recommendations.

The Stakeholder Group submits its comments and recommendations to

the Texas Commission on Environmental Quality by 6/1/10. These are a

composite of science- and policy-based recommendations.

After 9/01/09 After 6/1/10

The Bay/Basin Stakeholder Group, with assistance from the Bay/Basin

Expert Science Team, prepares and submits a work plan to address

adaptive management (periodic review of the bay/basin environmental

flow analyses, regime recommendations, standards and strategies to meet

those standards).

By 9/01/10 6/1/10 - 6/1/11

(one year)

The Texas Commission on Environmental Quality adopts the

environmental flow standards for the Sabine & Neches Rivers/Sabine

Lake Bay area.

* At the 7/08 meeting of the Environmental Flows Advisory Group, the group adopted a revised schedule to the process—a 9 month slide to the dates and timeframes

listed in Senate Bill 3. www.capitol.state.tx.us/Committees/MeetingsByCmte.aspx?Leg=80&Chamber=J&CmteCode=C805

Last updated October, 2008

Environmental Flows Allocation Process

Timeline Definitions

Senate Bill 3 and House Bill 3

SB3 and HB3 were passed by the 80th Texas Legislature and took effect September 1, 2007. Article 1 of SB3 and HB3

addresses Environmental Flows, creating the Environmental Flows Allocation Process. For bill text:

www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/SB00003F.pdf or

www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/HB00003F.pdf

Environmental Flows Allocation Process The Environmental Flows Allocation Process was created by the 80

th Texas Legislature’s passage of Senate Bill 3 and House

Bill 3 in 2007. This process will address two key components: a) how much water needs to flow in Texas rivers and into bays

to maintain a sound ecological environment, and b) how to ensure that much flow is protected.

www.texaswatermatters.org/flows.htm

Environmental Flows Advisory Group (EFAG)

This group creates the Texas Environmental Flows Science Advisory Group and the eleven Bay/Basin Stakeholder Groups.

In addition to interacting with these groups, the EFAG may make comments to TCEQ about the various flows

recommendations. They also define the geographic boundaries of the bay/basin areas. This is a nine member group made up

of three TX senators, three TX house members, one TCEQ commissioner, one Texas Water Development Board board

member, and one Texas Parks and Wildlife Commissioner. Members were appointed by the governor, lt. governor and

speaker of the house. See: www.capitol.state.tx.us/Committees/MembershipCmte.aspx?LegSess=80R&CmteCode=C805

and/or www.tceq.state.tx.us/permitting/water_supply/water_rights/eflows/group.html

Texas Environmental Flows Science Advisory Committee

This Committee provides science-based recommendations to state agency staff regarding ongoing studies and, through a

liaison member, works with Bay/Basin Expert Science Teams to ensure consistent application of scientific principles. This is

a nine member committee appointed by the Environmental Flows Advisory Group. See:

www.tceq.state.tx.us/permitting/water_supply/water_rights/eflows/txenvironmentalflowssac.html

Geographical extent of the river basins/bay system area

Environmental Flows Advisory Group is to define the geographical extend of each river basin/bay system area in the state for

the purpose of the Environmental Flows Allocation Process. Bay/Basin map boundaries were adopted at the 7/08 EFAG

meeting. See map: www.tceq.state.tx.us/assets/public/permitting/watersupply/groups/sb3_priority_basins.pdf

Environmental Flow Regime

This is 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

maintain the productivity, extent, and persistence of key aquatic habitats in and along the affected water bodies.

Bay/Basin Stakeholder Group Seventeen stakeholder categories will be represented by the citizens on this group, each with an interest in environmental

flows in their designated bay/basin area. The Stakeholder Group provides flows recommendations, based on considerations

of both science and policy, directly to TCEQ and also to the Environmental Flows Advisory Group. For more about these

Groups or to sign up to get involved, see www.texaswatermatters.org/bay_basin_stakeholder.htm. For information on the

activities of the two stakeholder groups that are up and running (Sabine and Trinity) see:

www.tceq.state.tx.us/permitting/water_supply/water_rights/eflows/sabinenechesbaystake.html

www.tceq.state.tx.us/permitting/water_supply/water_rights/eflows/trinsanjacgalbaystake.html

Bay/Basin Expert Science Team This team works with technical support from state agencies and academic institutions to develop environmental flows regime

recommendations based solely on the best available science. Recommendations are presented to Bay/Basin Stakeholder

Group, Environmental Flows Advisory Group, and TCEQ. These recommendations will be the first building block the

Stakeholder Group uses in coming up with its environmental flow recommendations that will consider both science and

policy. For more details about these Science Teams or to sign up to get involved, see

www.texaswatermatters.org/bay_basin_expert.htm

Texas Commission on Environmental Quality

The state agency responsible for developing the legal environmental flow standards and set-asides for each Bay/Basin area

through a public rule-making process at the end of that area’s Environmental Flows Allocation Process.

http://www.tceq.state.tx.us/

Adaptive Management

Adaptive management is a structured, iterative process of decision-making in the face of uncertainty, with the goal of

reducing uncertainty over time through systems monitoring. This approach embraces flexibility and adaptation.

Things You Can Do To:

Keep Texas Springs & Rivers Flowing

& Coastal Bays Healthy

• Learn More About Texas Water Issues! Check out the Texas Living Waters Project website

www.texaswatermatters.org, a clearinghouse of water-related information. • Get your Group to Endorse our ‘Principles for Protecting Texas’ Water Resources.’ Click on the link

under “Take Action to Protect Texas Water” at www.texaswatermatters.org.

• Practice Water Conservation! There are many things you can do to reduce water use in your home and yard. See www.texaswatermatters.org/conservation.htm for water conservation tips sheets, links and information about how to conserve.

• Help spread the word about the new Environmental Flows Allocation Process. New legislation has been

passed to determine the amounts of water needed and methods for keeping it flowing in rivers and into bays to sustain healthy fish and wildlife populations. One way to help spread the word about this important scientific and stakeholder based process is by running an article in your organization’s newsletter. Contact Jennifer Ellis at ellis@nwf.org or 512-476-9805 for text.

• Promote Water Conservation in your Community. Contact your City Council and/or Water

Supplier and urge them to offer conservation incentives in your community. See the Water Conservation Implementation Task Force’s report for a full list of conservation options: www.twdb.state.tx.us/assistance/conservation/TaskForceDocs/WCITFBMPGuide.pdf

• Join the Texas Living Waters Project Listserv. We will notify you of easy opportunities to send letters,

make comments, attend conferences and items relating directly to our efforts to protect Texas waters (<2 emails per month). Contact Jennifer Ellis at elllis@nwf.org or 512-476-9805.

• Get involved in the Environmental Flows Allocation Process (EFAP). Are you a

fisherman, rancher, paddler or other water user that has an interest in keeping Texas rivers flowing and bays healthy? Stay informed about the EFAP or add your name to the list of potential stakeholder candidates. Go to www.texaswatermatters.org/flows.htm to sign up.

• Attend your Regional Water Planning Group meetings. Get involved in the process! See

http://www.twdb.state.tx.us/RWPG/group_info.asp for group information and meeting dates.

• Contact your Regional Water Planning Group members. Urge them to include environmental flows as a category of water need to be planned for in their regional water plan. See www.twdb.state.tx.us/RWPG/main-docs/mbr-main.asp for membership information and contact information for the chairperson of each group. Not sure which water planning region you are in? See www.texaswatermatters.org/regions.htm.

• Write a Letter to the Editor or place an Article in your Organization’s Newsletter. Raise awareness about

the need to protect environmental flows, use groundwater supplies sustainably, and promote water conservation as the first option for creating water supply. Contact Lacey McCormick at mccormick@nwf.org or 512-476-9805 if you need any help.

SIMPLE WATER CONSERVATION TIPS

TYPICAL HOME WATER USE*

Do your part to help KEEP TEXAS RIVERS FLOWING—Conserve water!

Source: TWDB, A Homeowners Guide to Water Use and Conservation (1990) *These percentages can vary considerably depending on season, yard composition, irrigation system type, geographic region, installation of water efficient appliances and plumbing fixtures, and individual habits.

The following list includes some simple ways to curb your water use around the house: indoors and outdoors. INDOOR WATER USES: BATHTUB/SHOWER ♦ Make sure that you have installed a water-

efficient showerhead in all of your bathrooms. ♦ Take shorter showers. ♦ Turn off the water while soaping up or

shampooing. ♦ Only fill the bathtub to a maximum of six

inches (bathing small children and pets requires much less water).

♦ Make sure that your bathtub drain plug doesn’t leak.

TOILETS Toilet use is typically the largest category of indoor water use and there is substantial room for water savings. The single best thing you can do to improve toilet efficiency is to replace an old inefficient toilet with a new toilet (check to see if your water utility offers any rebates for replacing old inefficient toilets). In addition, you can: ♦ Flush less frequently. ♦ Check your toilet for leaks

by adding a few drops of food coloring to the tank and seeing if the bowl-water changes color.

♦ Replace the flapper if necessary; make sure it is the correct flapper for your toilet model.

CLOTHES WASHER The single best thing you can do to improve clothes washer efficiency is to replace an old inefficient machine with a new high efficiency washer. In addition, you can:

♦ Use the shortest wash cycle for lightly soiled loads. ♦ Pretreat stains to avoid rewashing. ♦ If your washer has a variable water volume setting,

select the minimum amount required per load. ♦ Operate the washer with full loads only – even if the

machine has an adjustable load setting.

Source: reproduced from Natural Outlook, the Texas Commission on Environmental Quality. DISHWASHER ♦ Run the dishwasher only when it is full of dishes (in

most cases running your dishwasher with a full load will use less water than washing the same number of dishes by hand).

♦ Many newer dishwashers require little or no advance rinsing of dishes.

FAUCETS ♦ Install water-efficient faucet aerators on all your

household faucets. ♦ Do not run the faucet continuously while washing

dishes, brushing your teeth, shaving, etc. ♦ Keep a plastic basin in your sink and collect faucet

water for use on your landscape. ♦ Avoid using the garbage disposal; instead dispose of

food scraps in the garbage or in a compost pile.

OUTDOOR WATER USES: Consider installing a rainwater harvesting system; it can be an easy, effective way to save water outdoors. Check with your local water provider to see if they offer rebates on rainwater harvesting barrels and larger systems. SPRINKLERS ♦ Avoid oscillating sprinklers and sprinkler heads

that produce mists or fine sprays (they result in evaporation losses). Drip systems or soaker hoses are most efficient.

♦ Use buckets rather than a hose or automatic system to water small gardens, flowers, plants, and shrubs so you have more control over where the water goes.

♦ Only water your yard and garden. Concrete sidewalks and gutters don't grow!

♦ Adjust your irrigation controller at least once a month to account for changes in the weather.

♦ Request an irrigation system audit from your local utility (many water providers offer this as a free service and it’s a great way to learn how you can more efficiently operate your sprinkler system).

♦ Less frequent, longer irrigation cycles can promote deep percolation. Also, install a rain shut-off valve to avoid unnecessary watering.

♦ Only water your landscape before sun-up or after sun-down to reduce evaporation losses.

Train your lawn: ♦ Mow as infrequently as possible, and when you

do mow, set the mower on its highest setting. Cutting the grass too short causes stress, forcing the roots to work harder and use more water.

♦ By spreading out your watering you can help your lawn to establish deeper roots that will help it survive drought periods. Most types of grass, even thirsty St. Augustine, need only 1" of water every five days.

♦ Use mulch around plants and flowers. The mulch reduces evaporation and keeps water near the roots where it's most beneficial.

♦ Minimize fertilization (heavily fertilized lawns use more water, are more susceptible to drought stress, and create run off that pollutes the water supply).

♦ Minimize turf-covered areas in your lawn - be creative and add a variety of vegetation!

♦ Convert to native grasses, plants, shrubs, and trees in your landscape. Native plants contribute to wildlife habitat, are more drought-resistant and require less water than turf grasses. See www.nwf.org/backyardwildlifehabitat for information on how to create a water conserving landscape that will also benefit wildlife.

♦ Group plants according to water needs.

USING THE HOSE ♦ Rake and sweep leaves -- don't hose them away

(using the hose to wash down sidewalks, driveways, and pavements is a wasteful and unnecessary practice).

For activities that require using a hose: ♦ Fill a bucket with water for washing your car at

home. ♦ Use a spray nozzle with a cutoff handle on your hose

so water doesn't flow continuously.

SWIMMING POOLS ♦ Use a pool cover (it will reduce water loss due to

normal evaporation). ♦ Repair any swimming pool leaks. ♦ Manually clean your filter. ♦ Plug the overflow line when the pool is in use and

always when adding water. ♦ Turn off the tile-spray device on your automatic pool

cleaner. Want more info on water conservation?

Visit the Texas Living Waters Project website at: http://www.texaswatermatters.org For additional information see: http://www.twdb.state.tx.us For excellent rebate programs available to City of Austin customers, see: http://www.ci.austin.tx.us/watercon/Ask your local provider to offer similar programs.

Do your part to help KEEP TEXAS RIVERS FLOWING—Conserve water!