SB3 Reports

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    Interim Report to 79th Legislature
    (2004-12-01) Joint Committee on the Study Commission on Water for Environmental Flows
    During the 78th regular session of the Texas Legislature, Senate Bill 1639 was enacted relating to regulating the waters of the state, including the spacing and production of groundwater and the control of instream flows. The bill, in part, created the Study Commission on Water for Environmental Flows (Study Commission) and charged them with: 1. Conducting public hearings and evaluating public policy implications regarding the balance of demands on the State’s water resources; 2. Assessing the granting of permits for environmental flows; 3. Assessing options available for the protection/preservation/provision of environmental flows; and 4. Assessing allocation options to meet identified environmental water needs. The legislation also called for the Study Commission to appoint an science advisory committee that would serve as impartial advisors and reviewers for the Study Commission.
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    2012 BBEST Brazos Environmental Flow Regime Recommendations Report
    (2012-03-01) Tom Gooch, Kirk O. Winemiller, Timothy H. Bonner, Jack Davis, David Dunn, Dan Gise, George Guillen, Tiffany Morgan, and Phil Price
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    2012 Nueces BBASC environmental flows recommendations report
    (8/22/2012) Mims, Con; Dodson, James
    In 2007, Senate Bill 3 (SB3) of the 80th Texas Legislature established a process for developing and implementing environmental flow standards applicable to major river basins and estuarine systems across the State of Texas. The legislation identified seven basin and bay systems in Texas to be given priority for completion under SB3 (four other river major basins are as yet not scheduled). Schedules were established for the selection of stakeholder and science teams to represent these basin and bay systems and for the completion of environmental flow recommendations and flow standards. The river basin and bay system consisting of the Nueces River and Corpus Christi and Baffin Bays was identified as one of these priority basin and bay systems. The major committees and their roles in the SB3 process are summarized in Figure 1-1. The process began with convening of the Environmental Flows Advisory Group (EFAG) in 2008. The EFAG appointed the Science Advisory Committee (SAC) in 2009 and, over time, appointed stakeholder representatives for Basin and Bay Area Stakeholder Committees (BBASCs). The BBASCs then selected a Basin and Bay Expert Science Team (BBEST), whose role it is to develop environmental flow recommendations for their basin and bay system based on the best available science. The BBASCs are then to �review the � recommendations and shall consider them in conjunction with other factors, including the present and future needs for water for other uses related to water supply planning �. The basin and bay area stakeholders committee shall develop recommendations regarding environmental flow standards and strategies to meet the environmental flow standards and submit those recommendations to the commission and the advisory group �� (TWC Section 11.02362(o)). Finally, the Texas Commission on Environmental Quality (TCEQ) considers the BBEST recommendations, BBASC recommendations, and other factors including economic factors and human, as well as other competing needs for water in adopting environmental flow standards (TWC Section 11.471(b)).
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    2012 Nueces River and Corpus Christi and Baffin Bays BBASC work plan for adaptive management
    (2012-11) Nueces River and Corpus Christi and Baffin Bays Basin and Bay Area Stakeholders Committee
    Pursuant to Senate Bill 3 (SB3) of the 80th Texas Legislature the Nueces River and Corpus Christi and Baffin Bays Basin and Bay Area Stakeholders Committee (Nueces BBASC) was charged with development of a Work Plan to be submitted to the Environmental Flows Advisory Group (EFAG) for approval. Section 11.02362(p) In recognition of the importance of adaptive management, after submitting its recommendations regarding environmental flow standards and strategies to meet the environmental flow standards to the commission, each basin and bay area stakeholders committee, with the assistance of the pertinent basin and bay expert science team, shall prepare and submit for approval by the advisory group a work plan. The work plan must: (1) establish a periodic review of the basin and bay environmental flow analyses and environmental flow regime recommendations, environmental flow standards, and strategies, to occur at least once every 10 years; (2) prescribe specific monitoring, studies, and activities; and (3) establish a schedule for continuing the validation or refinement of the basin and bay environmental flow analyses and environmental flow regime recommendations, the environmental flow standards adopted by the commission, and the strategies to achieve those standards.
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    2012 GSA BBASC work plan for adaptive management
    (5/25/2012) Scott, Suzanne; Wassenich, Dianne
    Please accept this submittal of the Work Plan for Adaptive Management (Work Plan) from the Guadalupe, San Antonio, Mission, and Aransas Rivers and Mission, Copano, Aransas and San Antonio Bays Basin and Bay Area Stakeholders Committee (BBASC). The BBASC has offered a comprehensive list of study efforts and activities that will provide additional information for future environmental flow rulemaking as well as expand knowledge on the ecosystems of the rivers and bays within our basin. The BBASC Work Plan is prioritized in three tiers, with the Tier 1 recommendations listed in specific priority order. Study efforts and activities listed in Tier 2 are presented as a higher priority than those items listed in Tier 3; however, within the two tiers the efforts are not prioritized. The BBASC preferred to present prioritization in this manner to highlight the studies and activities it identified as most important in the immediate term without discouraging potential sponsoring or funding entities interested in advancing efforts within the other tiers. As you review the plan, notice the prioritized Tier 1 efforts recommended by the GSA BBASC address specific information and data gaps that were recognized by both the BBASC and the Basin and Bay Expert Science Team (BBEST) in the previously submitted environmental flow recommendation reports. The BBASC has identified as its top priority in the Work Plan the completion of an Instream Flow study (in accordance with the SB2 Instream Flow guidelines) for the Lower Guadalupe River. The committee identified the lack of site specific biological information linked to historical flow data on the Guadalupe River as a significant limitation in the development of environmental flow recommendations for the Guadalupe River. In addition, the committee recommended two additional flow gages�one on the San Antonio River and one on the Guadalupe. The committee recommended conducting a synoptic flow study before finalizing the location of a new gage below Victoria on the Guadalupe River. The committee also prioritized studies within the bay and estuary system that will advance the level of scientific information on rangia clams; life cycle of key faunal species, particularly some of the mobile species like white shrimp and blue crab; and additional salinity studies to obtain information to better correlate freshwater inflow to salinity throughout the bay and estuary system. The BBASC chose to devote a section of the Work Plan to addressing the importance of the Potential Strategies to Meet Environmental Flow standards as presented in Section 6 of its Environmental Flow Recommendation Report. Several of the recommended Work Plan elements will provide additional data and information to assess the application and benefit of specific strategies. The BBASC is acutely aware that new ideas and innovative approaches to allocation and management of water resources must be explored to balance diverse water uses and needs within the basin.
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    2011 GSA BBASC environmental flows standards and strategies recommendations report
    (9/1/2011) Scott, Suzanne; Wassenich, Dianne
    It is with honor that we submit to you the Environmental Flows Standards and Strategies Recommendations Report from the Guadalupe, San Antonio, Mission, and Aransas Rivers and Mission, Copano, Aransas, and San Antonio Bays Basin and Bay Area Stakeholders Committee (GSA BBASC). Since its first meeting in December 2009, the GSA BBASC has met 29 times and committed countless hours toward its charge to produce the recommendations presented within this report. The GSA BBASC, in reviewing its charge as outlined in Senate Bill 3 (SB3) of the 80th Texas Legislature, established the following purpose statement to further guide its work: �The purpose of GSA BBASC is to balance the environmental flow regime presented by the BBEST with water supply needs across stakeholder groups to reach consensus on recommendations to TCEQ for future flow requirements that will protect the ecology of the rivers and bays/estuaries. These recommendations, within the confines of SB3, will also offer standards and strategies to TCEQ.� We are pleased to report that most recommendations of the GSA BBASC were supported by consensus. The committee recognized that consensus does not necessarily mean unanimity, but members understood that by supporting consensus they weigh the combination of gains and trade-offs and then agree to support the decision. There were a few very difficult decision points where consensus could not be reached and votes were taken in accordance with our adopted meeting rules. A tabular record of these votes is included in our report. The formal Recommendations Report was approved for submittal to the TCEQ and the EFAG by a vote of 21 � 3. The expectation is that, during the rulemaking process, comments from the stakeholder interests will be submitted to the agency to further detail issues of concern. We are proud of the accomplishments of the GSA BBASC. It is important to recognize that although the SB 3 Environmental Flows process is a significant and welcomed improvement in the State�s process to establish Environmental Flow standards, the time constraints and gaps in available science and data were noted time and time again by GSA BBASC members as significant challenges during the committee�s decision-making process. Water issues are complicated. Better science on the environmental needs of the rivers and bays as well as more complete data on water uses and water availability can only improve the reliability and the ultimate results of this process. To that end, the GSA BBASC members are dedicated to completing our next task, the development of the Work Plan. The following Recommendations Report is complete; however, there are several sets of meeting minutes that have been drafted but not yet formally approved by the GSA BBASC. The group decided, at its final meeting prior to submitting the Recommendations Report, to omit the draft minutes from Appendix A and to forward them to TCEQ and EFAG once approved. Meeting minutes to be forwarded at a later date are for meetings which occurred on July 18, 19 and 28, and August 2, 3, 16 and 29. Thank you for this opportunity to serve the State of Texas. We both make ourselves available to answer questions you may have on this report.
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    2012 Colorado and Lavaca Rivers and Matagorda and Lavaca Bays BBASC draft work plan
    (6/26/2012) Brzozowski, Patrick; Hess, Myron; Arendale, Bruce; Bondy, Karen; Dailey, James; Gertson, Ronald; Hall, Carroll; Hill, David; Huffman, Deedy; King, Joe; Lewis, Jr., Frank; Lutes, Teresa; Maloney, Jack; Pickens, Bob; Raun, L.G.; Runge, Caroline; Sansom, Andrew; Schomburg, Clarence; Shoemate, Robert; Treybig, Harold; Walker, Jennifer
    This document sets out the work plan developed by the Colorado and Lavaca Basin and Bay Area Stakeholder Committee (BBASC) in conjunction with the Colorado and Lavaca Basin and Bay Area Expert Science Team (BBEST) pursuant to Section 11.02362 (p) of the Texas Water Code. The purpose of this work plan is to guide future changes in environmental flows analysis, environmental flows standards, and strategies to provide environmental flows. The work plan is designed, and will be implemented, with awareness of the ecological complexity linking groundwater and surface water with the physical, chemical, and biological characteristics of sound environments.
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    2011 TCEQ Sabine and Neches Rivers, and Sabine Lake Bay
    (4/20/2011) Texas Commission on Environmental Quality
    This subchapter contains the environmental flow standards for the Sabine and Neches Rivers, their associated tributaries, and Sabine Lake Bay. In case of a direct conflict, provisions of this subchapter control over any provisions of Subchapter A of this chapter (relating to General Provisions) for purposes of environmental flow standards and regulation in the Sabine and Neches Rivers, their associated tributaries, and Sabine Lake Bay.
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    2011 TCEQ Trinity and San Jacinto Rivers, and Galveston Bay
    (4/20/2011) Texas Commission on Environmental Quality
    This subchapter contains the environmental flow standards for the Trinity and San Jacinto rivers, their associated tributaries, and Galveston Bay. In case of a direct conflict, provisions of this subchapter control over any provisions of Subchapter A of this chapter (relating to General Provisions) for purposes of environmental flow standards and regulation in the Trinity and San Jacinto rivers, their associated tributaries, and Galveston Bay.
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    2014 TCEQ Rio Grande, Rio Grande Estuary, and Lower Laguna Madre
    (2/12/2014) Texas Commission on Environmental Quality
    This subchapter contains the environmental flow standards for the Rio Grande and its associated tributaries. The provisions of this subchapter will prevail over any provisions of Subchapter A of this chapter (relating to General Provisions) that are inconsistent with this subchapter relating to environmental flow standards and regulation in the Rio Grande basin.
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    TCEQ Senate Bill 3 permitting guidelines draft
    Texas Commission on Environmental Quality
    In 2007, the 80th Legislature enacted House Bill 3 (HB 3), relating to the management of the water resources of the state, including the protection of instream flows and freshwater inflows; and Senate Bill 3 (SB 3), relating to the development, management, and preservation of the water resources of the state. Both of these bills amended Texas Water Code (TWC) �11.1471 to require the Texas Commission on Environmental Quality (commission or TCEQ) to adopt rules related to environmental flow standards. On April 20, 2011, the commission adopted rules for the Sabine and Neches Rivers and Sabine Lake and the Trinity and San Jacinto Rivers and Galveston Bay. On August 8, 2012, the commission adopted rules for the Colorado and Lavaca Rivers and Matagorda and Lavaca Bays and the Guadalupe, San Antonio, Mission, and Aransas Rivers and Mission, Copano, Aransas, and San Antonio Bays. On February 12, 2013, the commission adopted rules for the Nueces River and Corpus Christi and Baffin Bays, Brazos River and its associated bay and estuary system, and the Rio Grande, the Rio Grande estuary, and the Lower Laguna Madre.
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    2014 TCEQ Nueces River and Corpus Christi and Baffin Bays
    (2/12/2014) Texas Commission on Environmental Quality
    This subchapter contains the environmental flow standards for the Nueces River, its associated tributaries, the Nueces-Rio Grande Coastal Basin, and Corpus Christi and Baffin Bays. This subchapter does not affect an appropriation of or an authorization to store, take, or divert water under a permit or amendment to a water right issued before September 1, 2007. The provisions of this subchapter will prevail over any provisions of Subchapter A of this chapter (relating to General Provisions) that are inconsistent with this subchapter relating to environmental flow standards and regulation in the Nueces River, its associated tributaries, the Nueces-Rio Grande Coastal Basin, and Corpus Christi and Baffin Bays.
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    2012 TCEQ Guadalupe, San Antonio, Mission, and Aransas Rivers, and Mission, Copano, Aransas, and San Antonio Bays
    (8/8/2012) Texas Commission on Environmental Quality
    This subchapter contains the environmental flow standards for the Guadalupe, San Antonio, Mission, and Aransas Rivers, their associated tributaries, and Mission, Copano, Aransas, and San Antonio Bays. The provisions of this subchapter control over any provisions of Subchapter A of this chapter (relating to General Provisions) that are inconsistent with this subchapter relating to environmental flow standards and regulation in the Guadalupe, San Antonio, Mission, and Aransas Rivers, their associated tributaries, and Mission, Copano, Aransas, and San Antonio Bays.
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    2011 Colorado and Lavaca BBASC environmental flows recommendation report
    (2011-08) Brzozowski, Patrick; Hess, Myron; Arendale, Bruce; Dailey, James; Gertson, Ronald; Hall, Carroll; Hill, David; Huffman, Deedy; King, Joe; Lewis, Jr., Frank; Lutes, Teresa; Ottis, Richard; Pickens, Bob; Raun, L. G.; Runge, Caroline; Sansom, Andrew; Schomburg, Clarence; Shoemate, Robert; Simon, Haskell; Treybig, Harold; Zarling, Suzanne
    For your consideration, the Colorado and Lavaca Rivers Basin and Bay Area Stakeholder Committee (CL-BBASC) hereby submits its final report pursuant to its charge under Senate Bill 3 (80th R, 2007). This charge directed the BBASC to review the Colorado and Lavaca Bay and Basin Expert Science Team (CL-BBEST) recommendation for environmental flows and to weigh the environmental need for water with the need for water for other purposes, including human needs, and to make recommendations on �environmental flow standards� and strategies for the Bay-Basin complex. Water evolving in these two river basins satisfies the thirst of Texans and flora and fauna alike from the Texas Hill Country to the coastal plains and prairie of the Gulf of Mexico, ultimately feeding one of the most prolific and profitable bay and estuary systems along the entire Gulf Coast. This being said, it is my pleasure to inform you that the BBASC recommendations included in this report are consensus recommendations. This report reflects significant efforts of all BBASC members to seek solutions that addressed their highest concerns, while also finding ways to understand and address the important concerns of the other members, in the true spirit of consensus. It is our expectation that as we now transition to the rules making process, the consensus decisions reported herein are carried forward.
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    2014 TCEQ Brazos River and its associated bay and estuary system
    (2/12/2014) Texas Commission on Environmental Quality
    This subchapter contains the environmental flow standards for the Brazos River and its associated bay and estuary system. The provisions of this subchapter will prevail over any provisions of Subchapter A of this chapter (relating to General Provisions) that are inconsistent with this subchapter relating to environmental flow standards and regulation in the Brazos River Basin and the Brazos-Colorado Coastal Basin.
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    2012 TCEQ Colorado and Lavaca Rivers, and Matagorda and Lavaca Bays
    (8/8/2012) Texas Commission on Environmental Quality
    This subchapter contains the environmental flow standards for the Colorado and Lavaca Rivers, and Matagorda and Lavaca Bays. The provisions of this subchapter have control over any provisions of Subchapter A of this chapter (relating to General Provisions) that are inconsistent with this subchapter relating to environmental flow standards and regulation in the Colorado and Lavaca Rivers, and Matagorda and Lavaca Bays.
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    2011 SAC fluvial sediment transport as an overlay to instream flow recommendations for the environmental flows allocation process addendum
    (8/31/3011) Brandes, Robert; Huston, Robert; Jensen, Paul; Kelly, Mary; Manhart, Fred; Montagna, Paul; Oborny, Edmund; Ward, George; Wiersema, James
    Early in the Senate Bill 3 (SB3) process, the Science Advisory Committee (SAC) issued guidance on considering geomorphological processes, specifically sediment transport, as an overlay in refining the recommended environmental flow regime for a stream or river (SAC, 2009a). Since then, several Basin and Bay Expert Science Teams (BBESTs) have contended with issues emerging from the details of applying this guidance, particularly in interpreting the role of sedimentary processes in altering the geomorphology of the stream. The purpose of this addendum is to clarify and augment the previous guidance to address these concerns.
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    2009 SAC fluvial sediment transport as an overlay to instream flow recommendations for the environmental flows allocation process
    (5/29/2009) Brandes, Robert; Heitmuller, Franklin; Huston, Robert; Jensen, Paul; Kelly, Mary; Manhart, Fred; Montagna, Paul; Ward, George; Wiersema, James
    While the SAC does not believe that sufficient data exists to directly prescribe a "sediment load regime" that would maintain instream ecology, we do suggest that the information contained in this report, in particular the SAM model, can be used to validate HEFR-based flow regimes from the perspective of sediment transport impacts.
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    2011 SAC use of hydrologic data in the development of instream flow recommendations for the environmental flows allocation process and the hydrology-based environmental flow regime (HEFR) methodology - third edition
    (3/15/2011) Brandes, Robert; Huston, Robert; Jensen, Paul; Kelly, Mary; Manhart, Fred; Montagna, Paul; Oborny, Edmund; Ward, George; Wiersema, James
    Over the past two years, modifications and improvements have been made to the HEFR method. This third edition includes the most recent changes and additions to the HEFR code and its use. New or updated material in this edition includes: A new example covering the Nueces River below Uvalde siite. This example is more relevant to central and west Texas basins and BBESTs than the earlier example of the Neches River at Evadale. Enhanced statistics for intermittent streams that quantify duration, frequency, and seasonality of subsistence and zero flow events. The addition of a Q95 calculation option for subsistence flows. Enhanced regression diagnostics. An option to calculate flow statistics without zero flow days.
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    2011 SAC discussion paper consideration of attainment frequencies and hydrologic conditions in developing and implementing instream environmental flow regimes
    (1/1/2011) Huston, Robert
    At this point, the SAC considers it inappropriate and possibly misleading to suggest a single recommended approach for dealing with attainment frequencies in the development of e-flow regimes and implementation of those regimes through adopted environmental flow standards. Site-specific circumstances can dictate different methodologies, and the BBESTs, through their studies and eliberations, can decide on the best course of action for their respective basins in order to meet their legislative charge of developing e-flow regime recommendations "considerin all reasonably available science, wothout regard to the need for the water for other uses" (SB3, Sec. 11.02362m). On the other hand, the basin-bay stakeholders and the TCEQ, with their broader legislantive mandates under SB 3 to develop e-flow standards while also considering human needs for water, have greater latitude with regard to the structure and implementation of e-flow regimes, including the procedures used for addressing attainment frequencies.