ENVIRONMENTAL FLOWSENVIRONMENTAL FLOWS

CYPRESS RIVER BASIN WATERSHEDCYPRESS RIVER BASIN WATERSHED

August 14, 2008 August 14, 2008 Region D Regional Water Planning GroupRegion D Regional Water Planning Group

Provide an overview of the Provide an overview of the state law and the specific state law and the specific work in the cypress basinwork in the cypress basin

Invite you to our next set of Invite you to our next set of meetings – December 2-4 in meetings – December 2-4 in JeffersonJefferson

Request the support of the Request the support of the Regional Water Planning Regional Water Planning Group in its statement Group in its statement “environmental water needs”“environmental water needs”

Senate Bill 3: Senate Bill 3: Consensus Bill Enacted in 2007Consensus Bill Enacted in 2007

Sec. 11.1471. Environmental Flows Sec. 11.1471. Environmental Flows Standard & Set Asides Standard & Set Asides (a)  The commission (a)  The commission (TCEQ) by rule shall:(TCEQ) by rule shall:

(1)  adopt appropriate environmental flow (1)  adopt appropriate environmental flow standards for each river basin … that are standards for each river basin … that are adequate to support a sound ecological adequate to support a sound ecological environment, to the maximum extent environment, to the maximum extent reasonable reasonable considering other public interests considering other public interests and other relevant factors;and other relevant factors;

(2)  establish an amount of (2)  establish an amount of unappropriated unappropriated water, if availablewater, if available, to be , to be set asideset aside to satisfy to satisfy the environmental flow standards to the the environmental flow standards to the maximum extent reasonable….maximum extent reasonable….

Existing Goal In Texas Existing Goal In Texas LawLaw

  Maintaining the biological Maintaining the biological soundness of the state's rivers, soundness of the state's rivers, lakes, bays, and estuaries is of lakes, bays, and estuaries is of great importance to the public's great importance to the public's economic health and general economic health and general well-being. (Section 11.0235(b))well-being. (Section 11.0235(b))

How – SB 3How – SB 3 The legislature finds that:The legislature finds that:

(1)  in those basins in which water is available for (1)  in those basins in which water is available for appropriation, the commission should establish appropriation, the commission should establish an environmental set-aside below which water an environmental set-aside below which water should not be available for appropriation; andshould not be available for appropriation; and

(2)  in those basins in which the unappropriated (2)  in those basins in which the unappropriated water that will be set aside for instream flow and water that will be set aside for instream flow and freshwater inflow protection is not sufficient . . . freshwater inflow protection is not sufficient . . . a variety of market approaches, both public and a variety of market approaches, both public and private, for filling the gap must be explored and private, for filling the gap must be explored and pursued.pursued.

How (continued)How (continued)

The legislature finds that The legislature finds that recommendations for state action to recommendations for state action to protect instream flows and freshwater protect instream flows and freshwater inflows should be developed through inflows should be developed through a consensus-based, regional approach a consensus-based, regional approach involving balanced representation of involving balanced representation of stakeholders and that such a process stakeholders and that such a process should be encouraged throughout the should be encouraged throughout the state.state.

How MuchHow Much

Environmental Flow Standard:Environmental Flow Standard: …adequate …adequate to support a sound ecological to support a sound ecological environment, to the maximum extent environment, to the maximum extent reasonable reasonable considering other public considering other public interests and other relevant factors;interests and other relevant factors;

Set AsideSet Aside: an amount of : an amount of unappropriated unappropriated water, if availablewater, if available, … to satisfy the , … to satisfy the environmental flow standards to the environmental flow standards to the maximum extent reasonable maximum extent reasonable when when considering human water needs.considering human water needs.

A = Sabine & Neches Rivers/Sabine Lake Bay Area, begins November 2007B = Trinity & San Jacinto Rivers/Galveston Bay Area, begins November 2007C = Brazos River/Bay & Estuary Area, begins September 2009 D = Colorado & Lavaca Rivers/Matagorda & Lavaca Bays Area, begins September 2008 E = Guadalupe, San Antonio, Mission, & Aransas Rivers/Mission, & Bays Area, begins September 2008F = Nueces River/Corpus Christi & Baffin Bays Area, begins September 2009G = Rio Grande/Rio Grande Estuary & the Lower Laguna Madre Area, begins September 2009

Senate Bill 3 Senate Bill 3

In a “basin” for which there is no In a “basin” for which there is no ongoing flow process, the law also ongoing flow process, the law also allows, allows,

““an effort to develop information on an effort to develop information on environmental flow needs and ways in environmental flow needs and ways in which those needs can be met by a which those needs can be met by a voluntary consensus-building voluntary consensus-building process.” Sec. 11.02362(e). process.” Sec. 11.02362(e).

GOALS OF THE CYPRESS GOALS OF THE CYPRESS BASIN WORKBASIN WORK

Voluntary effort to determine the amounts, Voluntary effort to determine the amounts, frequency, and variation of instream flows frequency, and variation of instream flows needed in the watershed - based on sound needed in the watershed - based on sound science and a balancing of the needs and science and a balancing of the needs and interests of stakeholders - to:interests of stakeholders - to:

1. Protect the ecological, social and economic 1. Protect the ecological, social and economic values provided by instream flows in the values provided by instream flows in the system system (2004)(2004)

2. Assist with the efforts to address water 2. Assist with the efforts to address water quality impairments in the watershed quality impairments in the watershed protection plan.protection plan. (added 2006)(added 2006)

EXAMPLES OF EXAMPLES OF OBJECTIVESOBJECTIVES

SB 3 Set Aside SB 3 Set Aside i.e., a state approved reservation i.e., a state approved reservation of an environmental flow regime in the of an environmental flow regime in the watershed, andwatershed, and

Revised Release Pattern for Lake O' the Pines:Revised Release Pattern for Lake O' the Pines: to to provide a more natural pattern of flows provide a more natural pattern of flows downstream in Big Cypress and into Caddo Lake. downstream in Big Cypress and into Caddo Lake.

Water Quality Improvements:Water Quality Improvements: assure base flows assure base flows needed for discharge of treated wastewaters. needed for discharge of treated wastewaters.

Daily Average Streamflow in Big Cypress at USGS Gage 07346000

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PADDLEFISHPADDLEFISH

Daily Average Streamflow in Big Cypress at USGS Gage 07346000

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JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Instream Flow Building Blocks (Envi. Flow Regime)Big Cypress Creek/ Caddo Lake

Low Flows

High FlowPulses

Floods

6,000-10,000 cfs for 2-3 daysEvery 3-5 years

*Maintain aquatic habitat in floodplain* Riparian seed dispersal

* Inhibition of upland vegetation for both creek & lake20,000 cfs for 2-3 days

Every 10 years*For channel migration

6,000 cfs for 2-3 days Every 2 years

* For channel maintenance

Key

Dry Year

Avg Year

Wet Year90 cfs

Fish habitat218 – 49 cfs

Spawning habitat13 - 6 cfs

Maintain aquatic diversity40 - 90 cfsFish habitat

268-347 cfsPre-dam median

390 - 79 cfsBenthic drift & dispersal, fish spawning

35 - 40 cfsFish habitat

40 - 117 cfsPre-dam median

40 – 536 cfsMaintain biodiversity and connectivity (backwater & oxbows)

1,500 cfs for 2-3 days 3-5X a year every year

* 1 occurring in March for Paddlefish, etc* Sediment transport, oxbow connectivity

•Waterfowl habitat flushing(Includes December)

Process to Develop Process to Develop The RecommendationsThe Recommendations

December 2004

April 2005

May 2005, Oct 2006, Dec 2008

2005 - 2008

2006 - 2008

Conference on Environmental Flows at the Jeffersonian Institute

Examples of 175+ Examples of 175+ Participants in the Flows Participants in the Flows

Work to DateWork to Date Local & Regional Governments – NETMWD, Local & Regional Governments – NETMWD,

CVND, some local counties and cities.CVND, some local counties and cities. Tx & La State Agencies – TPWD, TWDB, TCEQ, Tx & La State Agencies – TPWD, TWDB, TCEQ,

TSSWCB, LDEQTSSWCB, LDEQ Federal Agencies – Corps of Engineers, USGS, Federal Agencies – Corps of Engineers, USGS,

USFWS, National Wetlands Research Center USFWS, National Wetlands Research Center Universities – East Texas Baptist University, Universities – East Texas Baptist University,

Texas A&M, Texas Tech, LSU Shreveport, TCUTexas A&M, Texas Tech, LSU Shreveport, TCU Reps from Business and industries – AEP, Nestle Reps from Business and industries – AEP, Nestle

Waters NA, Caddo Lake Chamber of CommerceWaters NA, Caddo Lake Chamber of Commerce Others – Red River Valley Assn. DU, TNC, Others – Red River Valley Assn. DU, TNC,

GCLA, NWFGCLA, NWF

EXAMPLES OF WORK EXAMPLES OF WORK

Literature Review & Summary of Scientific Literature Review & Summary of Scientific Studies - Tx A&M Studies - Tx A&M

Field Studies for Baseline Biological, Field Studies for Baseline Biological, Hydrological and Geomorphic Data - USGS as Hydrological and Geomorphic Data - USGS as Lead AgencyLead Agency

New gage on Big Cypress - Partnership of New gage on Big Cypress - Partnership of TCEQ, USGS, NETMWD to Install and Maintain TCEQ, USGS, NETMWD to Install and Maintain

Computer Modeling of flows - Corps of Computer Modeling of flows - Corps of Engineers Engineers

Development of Building Blocks – Initial Development of Building Blocks – Initial Recommendations for Flow Regimes for Big, Recommendations for Flow Regimes for Big, Little and Black CypressLittle and Black Cypress

Installation of a pressure transducer on Big Cypress Bayou to record Installation of a pressure transducer on Big Cypress Bayou to record water elevation. Left to right in the photo is Jeff Mabe (USGS-water elevation. Left to right in the photo is Jeff Mabe (USGS-

Biologist), Joe Trungle (Trungale Engineering and Science), Bruce Biologist), Joe Trungle (Trungale Engineering and Science), Bruce Moring (USGS, Biologist), and Chris Braun (USGS - Hydrologist)Moring (USGS, Biologist), and Chris Braun (USGS - Hydrologist)

THE INVITATIONTHE INVITATION

Next full meeting: December 2-4 Next full meeting: December 2-4 Jefferson, TexasJefferson, Texas

Background Materials: Background Materials: WWW.Caddolakeinstitute.usWWW.Caddolakeinstitute.us

Sign-up for updates and notices: Sign-up for updates and notices: rl@caddolake.usrl@caddolake.us

THE REQUESTTHE REQUEST

The opportunity to come back to you in the The opportunity to come back to you in the future to seek a statement in the Region D future to seek a statement in the Region D plan supporting for the goals, process and plan supporting for the goals, process and results, pursuant to results, pursuant to

Section 16.053 (e) (5) (F) Texas Water Code Section 16.053 (e) (5) (F) Texas Water Code that states that the regional plan should that states that the regional plan should include aninclude an

““appropriate provision for environmental appropriate provision for environmental water needs”water needs”