The TexasInstream Flow Program

Barney AustinSurface Water Resources DivisionTexas Water Development Board

Halloween 2005

Senate Bill 2

The Texas Legislature directed tri-agencies (TPWD, TWDB, and TCEQ) to: Establish and continuously maintain an instream flow data collection and evaluation program, and

Develop methodologies to determine flow conditions in Texas rivers and streams necessary to support a sound ecological environment.

Senate Bill 2Framework for Instream Flow Study

Program requires tri-agencies to:Share oversight of program studies.Share data, studies, analysis, information and reports.Establish a Work Plan that prioritizes studies and sets interim deadlines for publication of flow determinations, andComplete priority studies by December 31, 2010.

Senate Bill 2

Framework for Instream Flow Study also:Requires TCEQ to consider the results of completed studies in its review of any management plans, water rights, or interbasin transfers.

Joint study accomplishments:

• Interagency MOA (Executed: Oct 17, 2002)

• Programmatic Work Plan (Final: Dec 19, 2002)

• NAS contract (July 30, 2003)

•Technical Overview (Draft: August 8, 2003)

Summary of Agency Roles

Instream Flow Study ElementCoordinating

Agency

Study Design Joint

Hydrological and Hydraulic Evaluation

TWDB

Biological Evaluation TPWD

Physical Processes Evaluation Joint

Water Quality Evaluation TCEQ

Integration Joint

Interpretation Joint

Study Report Joint

Monitoring and Validation Joint

Texas Texas Instream FlowInstream FlowStudiesStudies

Timeframes for Priority Studies

Subbasin 2003 2004 2005 2006 2007 2008 2009 2010

Lower Guadalupe River

Lower Brazos River

Lower San Antonio River

Middle Trinity River

Lower Sabine River

Middle Brazos River

Sabine R. Toledo Bend

National Academy of Sciences1. Evaluate science and methodology in

key documents2. Review and provide advice on scientific

and technical matters relevant to the Instream Flow Program

3. Evaluate findings and recommendations of Tasks 1 and 2 for consistency with the requirements of Texas law for the study of Instream Flows

NAS Committee

11 national experts, including: Dr. David Maidment (UT) Dr. Kirk Winemiller (TAMU) Dr. Thomas Hardy (Utah)

NAS Public meetings

Austin – Oct 2003 San Antonio – Jan 2004 San Marcos – Mar 2004

Final report released in March 2005…

Summary (the good stuff)

The state of Texas shows an impressive commitment to designing and implementing an instream flow program…

Summary (the good stuff)

The Texas agencies are commended for proposing a prospective, comprehensive instream flow program…the program will provide enormous benefits to the state over the next several decades and beyond.

Ten Major Recommendations:

Definition of “sound ecological environment”Need to define clear and specific goalsA suite of measurable, ecological indicators is neededConsistent spatial scale and level of detail between elements is needed.Clearer process by which the individual technical evaluations will be integrated into instream flow recommendations is needed.The instream flow program should be integrated with the water quality, water permitting, and other water-related programs in Texas.Need for an independent, interdisciplinary, periodic peer review process

Stakeholder involvement

Meeting on Sept 30th Help finalize the Technical Overview document Participation in basin studies

Not yet ready for prime time Will need to reconsider in light of the Executive Order.

October 28th - Executive Order

The Environmental Flows Advisory Committee…make recommendations for commission action and legislation on methods for making future decisions to protect instream flows and freshwater inflows, while integrating such needs with human needs…using the Study Commission report as a starting point.

The Committee shall develop recommendations to establish a process that will achieve a consensus-based, regional approach to integrate environmental flow protection with flows for human needs.

The Committee may appoint: three or four local or regional stakeholder advisory councils prioritized by basin/bay system; and a science advisory council of five members to provide technical expertise.

Thank you!http://www.twdb.state.tx.us/InstreamFlows/