Drought water conservation TCEQ perspective 2-3-12

L’Oreal Stepney, P.E., Deputy Director Office of Water

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Good morning. Thank you for the opportunity be here and speak with you about the Texas Commission on Environmental Quality’s perspectives on drought and water conservation. Today I plan to address TCEQ’s drought monitoring and response efforts including those targeted to public water systems, the new issues we are managing in this record drought, and drought contingency and water conservations plans. I will also provide you with updated information about development of the water curtailment rules and state-wide watermaster evaluations.

Office of Water The Office of Water includes TCEQ’s water

monitoring, permitting, and planning programs.

The Office of Water strives to protect the State′s water resources consistent with sustainable economic development, working towards clean and available water.

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The TCEQ’s Office of Water was created in December of 2009 and includes most of the agency’s water quality and quantity monitoring, permitting, and planning programs. Our mission in the Office of Water is to strive to protect the State’s water resources consistent with sustainable economic development, working towards clean and available water. Essentially, our mission parallels that of the agency – with a focus on clean and available water. The philosophy of the office has been developed with the goal of achieving this mission. Philosophy Make balanced decisions based on sound science Proactively work with stakeholders to implement our programs Continue to develop and train our great staff Provide accurate and prmpt communication Provide flexibility and act as problem solvers Adhere to the agency's over-arching mission and philosophy at all times That’s why the Office of Water is about cooperation, collaboration, and achievement --- our people, our partnerships, and our performance.

Office of Water

L’Oreal W. Stepney, P.E. - Deputy Director

Kim Wilson, Special AssistantTodd Chenoweth, J.D., Special Counsel

Kevin McCalla, J.D., Special CounselCarla Vann, Budget Liaison

Shannon Harris, Executive Assistant

Water Quality Planning Division

Kelly Holligan Director

Water Supply Division

Linda Brookins Director

OFFICE OF WATER

Fiscal Year 2012

Water Quality Division

Charles W. MaguireDirector

Water Availability Division

Kellye Rila Director

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In September of 2011, the Water Availability Division was created within the Office of Water. The Water Availability Division houses the agency’s Water Rights Permitting, Watermaster, River Compacts, and Groundwater programs.

2009 Drought 23% of the Texas in extreme or exceptional

drought, including all or part of 70 counties

TCEQ received one senior call 90 water right holders suspensions Water rights suspended for approximately one

month

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In the drought of 2009, TCEQ received one senior call. From that call, our actions and associated lessons learned, I believe TCEQ was better prepared for the current drought.

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As a point of reference, in April 2009, 70 counties or portions of counties were under extreme or exceptional drought conditions. During 2011, all 254 counties experienced drought – with most experiencing exceptional drought conditions.

2011 Drought October 4, 2011 97% of Texas in extreme or exceptional drought Included all or part of all counties in Texas

January 31, 2012 60% of Texas in extreme or exceptional drought Includes all or part of 180 counties in Texas

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This unprecedented drought has give rise to challenges that TCEQ has never managed – and we find ourselves in uncharted territory as we make decisions and respond. At the beginning of October 2011, 97% of the state - including all or part of every county - was experiencing extreme or exceptional drought. Although recent rains have resulted in some improvement, as of January 10, 2011, the United States Drought Monitor continues to show 62% of Texas in extreme or exceptional drought conditions, including all or part of 180 counties. As Mr. Nielsen-Gammon discussed earlier this morning, seasonal forecasts continue to predict the drought will persist or intensify in many areas of the state.

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In late 2010 and into winter 2011, we became concerned with what has turned into the worst one year drought on record.

TCEQ Drought Team Meets weekly to monitor drought conditions and

impacts - and consider and evaluate response

State agency partners participating include: Texas Department of Emergency Management Texas Water Development Board

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Therefore, we initiated proactive steps to include the following: The TCEQ Drought Team began meeting in February 2011 to discuss the status of on-going drought conditions and response activities. TCEQ’s drought team is a multidisciplinary agency team with staff from the permitting, watermasters, small business and environmental assistance, intergovernmental relations, and homeland security programs participating. As drought conditions intensified, the Drought Team began meeting weekly, and the agency’s outreach efforts as a whole correspondingly increased. The Drought Team meetings are also attended by other state agency partners, such as the Texas Department of Emergency Management and the Texas Water Development Board. The Drought Team monitors public water systems and maintains a report on the status of water supply and water rationing for existing systems. TCEQ maintains a Drought Information Webpage where current information and resources about the drought are available. In April 2011, the TCEQ communicated with state leadership, legislative officials, county judges, county extension agents, water right permit holders, and the media regarding drought conditions and the possibility of permit suspensions and/or curtailments. In responding to senior calls, TCEQ has notified local legislative officials, county judges, county extension agents, water right holders, and the media about permit suspensions and/or curtailments. The TCEQ conducts a number of additional outreach and assistance activities specifically targeting public water systems – in an effort to do all that the agency can to prevent systems from running out of water.

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The 2011 drought at is’ most severe – 97% of the state was in extreme or exceptional drought conditions, including all/part of all counties.

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As of January 31, 2012, 60% of the state is in exceptional or extreme drought. All or part of 180 counties is in exceptional or extreme drought.

Senior Calls 15 Senior Calls Brazos River Basin Guadalupe River

Basin Colorado River Basin Sabine River Basin Neches River Basin

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The TCEQ has received 15 senior calls, including calls on surface water in the Brazos, Guadalupe, Colorado, Sabine, and Neches River Basins.

Senior Calls: Types Senior calls from the following types of users: Municipal Industrial Irrigation Recreation Domestic & Livestock River Compact

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Calls from the following types of users: municipal, industrial, irrigation, recreation, domestic and livestock, and river compact. Until the current drought, TCEQ had never received senior calls from municipalities, domestic and livestock users, or a river compact.

Senior Calls: Suspensions Over 1,200 water right holders suspended

TCEQ no longer issuing temporary water right

permits in affected basins

Suspended water rights do not include junior municipal or power generation uses

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In responding to the 15 senior calls, the TCEQ has suspended approximately 1,200 water right permits. TCEQ has also stopped issuing temporary water right permits in basins affected by these calls. Suspended water rights do not include junior municipal or power generation uses because of concerns about public health and safety. The TCEQ has asked for increased stages of Drought Contingency Plans in senior call areas, including asking junior municipal water right holders to implement mandatory water restrictions that limit outdoor water use, when those junior water rights have not been curtailed. In responding to senior calls, TCEQ has notified local legislative officials, county judges, county extension agents, water right holders, and the media about permit suspensions and/or curtailments.

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Photo of the dam and spillway at O.C. Fisher Reservoir near San Angelo had almost no water to contain by summer’s end. As the lake disappeared, its remaining water turned red from Chromatiaceae, a type of bacteria that thrives in oxygen-starved water. Also below, fish left high and dry slowly decompose in the West Texas sun. Photo from TPWD.

Senior Calls: Administration In non-Watermaster areas, TCEQ field staff

investigate calls and enforce suspensions.

Aerial and on-the-ground investigations

Reviews of: Steamflow records Rainfall records Forecasts

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In responding to senior calls, the TCEQ has used field resources to investigate conditions on the ground prior to responding to calls. Field staff conducted streamflow monitoring to help the agency make informed decisions regarding suspensions and management of senior calls. In some cases, TCEQ has not suspended permits because field investigations have indicated that suspensions would not produce water. Suspensions and curtailments were enforced by TCEQ field staff through on-the-ground and aerial investigations. If rain events occur during drought times, in areas included in a priority call, TCEQ staff review rainfall and streamflow records and forecasts to determine if the call should be adjusted. Priority calls cover specific areas and water rights; therefore, the response in individual situations to the changed conditions can be different. Adjustments to the call to account for rain events during drought times can include: The senior water right amends or rescinds the call, in which case TCEQ notifies affected water rights. Water rights may be able to divert during the time the call is in place when flow rates at a USGS gage exceed a certain streamflow level. Water rights may be able to divert during the time the call is in place if reservoir storage recovers to a certain level. TCEQ could adjust the call based on priority dates and allow curtailed water rights with more senior dates to divert or impound water.

Senior Calls: Changes Recent rains have resulted in improvements

Colorado River Basin senior call rescinded 91 suspensions lifted

Brazos River Basin senior call rescinded 648 suspensions lifted

Neches River Basin senior call amended 169 suspensions lifted

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Recent rains have resulted in some improvements. As a result, several adjustments to senior calls have been made: Colorado River Basin: The TCEQ rescinded the City of Llano’s senior call at the city’s request. The city requested that TCEQ rescind the call in response to improved flow conditions. Rescinding the call resulted in 91 water right holder suspensions being lifted. Neches River Basin: The Lower Neches Valley Authority has requested an amendment to their senior call. Specifically, because flow conditions have improved in response to recent rains, LNVA has asked to use a more recent priority date that affects fewer junior water rights. In all, 169 suspensions were lifted. Brazos River Basin: Dow has rescinded their call in the Brazos River Basin, resulting in 648 suspensions being lifted.

Senior Calls: New Issues Governor’s Drought Proclamation

TCEQ managing new types of calls

Working with entities to manage: Lake levels/temperatures at power plants Releases from Lake Whitney

Changes to senior calls

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Because of the exceptional and prolonged nature of the drought, TCEQ is responding to new issues. The Governor’s Drought Proclamation suspended all rules and regulations that may inhibit or prevent prompt response. Examples of TCEQ actions under the Drought Proclamation include: adding diversion points; and the use of enforcement discretion at power plants so that regulatory and permitting burdens did not contribute to a loss of power. Of the 15 senior calls TCEQ has received, the TCEQ has never managed the following types of calls before in non-watermaster areas: municipal call, domestic and livestock calls, and a river compact call. The TCEQ has worked with power plants in managing lake levels and temperatures. The TCEQ is also working with the United States Army Corps of Engineers to coordinate releases from Lake Whitney in response to a senior call in the Brazos River Basin. In the 2009 drought, the one senior call was rescinded when drought conditions improved. During the current drought, TCEQ has made adjustments to senior calls in an effort to manage water avialability and allow junior water right holders to benefit from recent rains. However, drought conditions still persist – and are forecast to persist and possibly intensify, making management of drought response and senior calls more dynamic.

Public Water Systems February 3, 2012:

1,011 public water systems (PWS) with outdoor water restrictions 647 mandatory watering schedule 364 voluntary watering schedule 52 prohibited all outside watering

Intensive monitoring of a targeted list of public water

systems with limited or unknown supply of water remaining

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TCEQ closely monitors the status of public water systems, as reported by each system. Public water systems can update their status through an on-line form, or contact staff at TCEQ to provide updates. The TCEQ has strongly encouraged all public water systems to provide regular status updates, allowing TCEQ to offer assistance to those experiencing critical conditions. On February 3, 2012: 1,011 public water systems (PWSs) asking customers to follow outdoor water use restrictions 647are asking customers to follow a mandatory watering schedule 364 are asking customers to follow a voluntary watering 52 PWSs have prohibited all outside watering Targeted outreach and assistance for public water systems include: TCEQ has contacted public water systems to determine the condition of water systems, implementation of Drought Contingency Plans (DCPs), and sent letters to approximately 6,000 public water systems - state-wide - encouraging DCP implementation. TCEQ’s Drought Information Webpage includes guidance on emergency interconnections, emergency use of wells for public water supply, and a current list of companies that haul drinking water. The TCEQ intensively monitors a targeted list of public water systems that have either limited or an unknown supply of water remaining. This information is very dynamic since systems provide updated information often. The TCEQ has offered these systems Financial Managerial and Technical assistance that includes: identifying alternative water sources, coordination of emergency drinking water planning, and identification of possible funding sources for alternative sources of water.

Public Water Systems - FMT Financial, Managerial, & Technical (FMT)

Assistance Identifying alternative water sources Coordination of emergency drinking water

planning Identification of possible funding sources for

alternative sources of water

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The TCEQ has offered public water supply systems with limited or unknown supplies of water Financial Managerial and Technical (FMT) assistance. FMT assistance includes: identifying alternative water sources, coordination of emergency drinking water planning, and identification of possible funding sources for alternative sources of water. TCEQ is working with other state agencies, including Texas Department of Emergency Management and Texas Water Development Board to provide state-level emergency assistance to water systems. TCEQ serves as a member of the Emergency Drinking Water Task Force and Drought Preparedness Council. The TCEQ is currently working with Texas Department of Emergency Management and other state agency partners to develop the Emergency Drinking Water Annex, a document that details management and response for public water systems with 180 days or less of water supply.

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Close-up photo of Pendleton Harbor’s new sump box.

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Toledo Bend Reservoir, home of Pendleton Harbor utility.

Drought Workshops TCEQ is sponsoring Drought Workshops at 6

locations state-wide

Attended by state agency partners Texas Department of Emergency Management Texas Department of Agriculture Texas Water Development Board

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The TCEQ is sponsoring Drought Workshops at 6 locations across Texas, the first of which was held in Nacogdoches on January 26, 2012. These workshops are attended by state agency partners from Texas Department of Emergency Management, Texas Department of Agriculture, and Texas Water Development Board and focus on resources available to public water systems in managing drought. One of these Workshops is scheduled for Lubbock on February 29, 2012.

Conservation

During times of drought, conservation is a critical component to managing water supply.

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During times of drought, conservation is a critical component to managing water supply.

Conservation: Public Water Supplies Public water systems should be familiar with their

water supply: Know the capacity of your system – how much water do

you have left? Surface water intakes: understand water level and other

requirements. Groundwater systems: know the level of groundwater

and understand the mechanics of your pump. Maintenance: monitor the maintenance on your intake,

treatment plant, and distribution system.

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The TCEQ has worked with several public water suppliers to identify and resolve system problems as the result of the current drought. We have seen intakes that have gone dry after lakes have receded, and wells that have stopped producing because of mechanical issues with pumps due to falling groundwater levels. It is important to be familiar with your water supply: Know the capacity of your system – how much water do you have left? Surface water intakes: understand water level and other requirements. Groundwater systems: know the level of groundwater and understand the mechanics of your pump. Maintenance: monitor the maintenance on your intake, treatment plant, and distribution system.

Conservation: Drought Contingency Plans Strategies for temporary supply and demand management

responses to temporary/potentially recurring water supply shortages/water supply emergencies

Required for: New or amendment to an existing water right Wholesale and retail public water suppliers

TCEQ has strongly encouraged implementation of DCPs at

the highest appropriate stage.

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Drought Contingency Plans are strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. The approximately 5,000 retail public water suppliers in Texas are required by Chapter 11 of the Water Code to have Drought Contingency Plans. One lesson learned in this drought is that planning for water supply shortages by all water users is important. Identification of alternative water supplies that can be used during times of surface water shortage can help all entities, whether cities, power plants or irrigators, continue operation during drought. DCPs are important tools to assist public water suppliers in conservation. The TCEQ strongly encourages implementation of DCPs at the highest appropriate stage.

Conservation: Water Conservation Plans A strategy or combination of strategies for reducing

the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water.

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Water conservation Plans are a strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A well constructed Water Conservation Plan is especially important during times of drought.

Conservation: Water Conservation Plans (cont.) Required for: New or amendment to an existing water right Existing water right holders ≥1,000 acre/feet per year Municipal Industrial Other non-agricultural

Agricultural ≥10,000 acre/feet per year

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Water Conservation Plans are required for applications for new water rights or amendments to existing water rights. Water Conservation Plans are also required for all existing municipal, industrial, and other non-agricultural water right holders authorized to use 1,000 acre/feet or more per year. Agricultural water right holders authorized to use 10,000 or more acre-feet of water permit year are also required to have a Water Conservation Plan.

Conservation: Wastewater Reuse Wastewater from domestic or

industrial sources can be authorized for reuse

Authorization can be obtained through: Texas Administrative Code §210 Individual wastewater permit

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As the 2011 drought progressed, the TCEQ has seen an increase in entities looking to wastewater reuse for non-potable water supply. Wastewater from domestic and industrial sources can be directly reused through authorization under Texas Administrative Code §210, a Texas Pollutant Discharge Elimination System (TPDES) Permit, or a Texas Land Application Permit (TLAP). Domestic/municipal reclaimed water is treated water that is primarily derived from sewerage treatment plants. These wastes are then treated to an extent where they are safe and suitable for reuse as reclaimed water. Reuse of untreated wastewater is prohibited. Domestic/municipal reclaimed water is divided into two “Types” that are defined according to whether people are likely to have contact with it during or after application. Type I: may be applied where public contact is likely. Type II: used in remote, restricted, controlled, or limited access areas where human contact is unlikely. Industrial reclaimed water originates from a non-domestic or non-municipal source. Industrial reclaimed water may be used for landscape irrigation, soil compaction, fire protection, dust suppression, impoundment maintenance, and irrigation for non-food crops. Industrial reclaimed water can be authorized on two “Levels”. These levels are classified according to the process as to how they are generated and whether they are to be used on-site or off-site.

Water Curtailment Rulemaking TCEQ’s Sunset Bill (HB 2694) –

Section 5.03

The Executive Director may temporarily suspend or adjust water rights during times of drought or other emergency shortage of water.

TCEQ is currently developing rules.

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In 2011, the 82nd Legislature passed House Bill (HB) 2694, the TCEQ’s Sunset Bill. Section 5.03 of the bill added Texas Water Code Chapter 11.053, stating the executive director may temporarily suspend or adjust water rights during times of drought or other emergency shortage of water. The commission must adopt rules to implement this section to include: Defining a drought or other emergency shortage of water Specifying the conditions under which the executive director may issue an order and the terms of that order The procedures for notice of, opportunity for a hearing on, and appeal to the commission of and order suspending or curtailing water rights. These rules were proposed and the TCEQ accepted public comment from November 4 through December 5, 2011. A public meeting was conducted to accept public comment on December 1, 2011. The commission received many comments on the drought rule proposal. These comments were primarily from: agricultural water users, river authorities, environmental groups, state agencies, energy providers, and industry groups. These issues are very challenging. Although there are many different comments, these comments mainly relate to: The importance of the priority doctrine; The definition of “drought” and “emergency shortage of water;” How the ED will consider preferences when issuing these orders; How the ED will consider conservation and drought contingency plans when issuing these orders – how will potential beneficiaries or junior water rights that may be cut off be subject be to a review of implementation of these plans; The provisions that will be in the order, particularly the rules relating to the duration of the order; The fact that domestic and livestock users are not covered by the rule.

Watermaster Evaluations TCEQ’s Sunset Bill (HB 2694) – Section 5.05.

Requires the Executive Director to evaluate each

basin that does not have a watermaster program at least once every 5 years.

The Commission is required to determine the criteria or risk factors for evaluation.

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Implementing Section 5.05 of House Bill (HB) 2694 of the 82nd Legislature requires the Executive Director (ED) to evaluate each basin that does not have a watermaster program at least once every five years: to determine whether a watermaster should be appointed; to report the findings; and make recommendations to the Commission.

Watermaster Evaluations (cont.) Schedule for Watermaster evaluations:

Year 1: Brazos and Colorado River Basins, Brazos- Colorado and Colorado-Lavaca Coastal Basins

Year 2: Trinity and San Jacinto River Basins, Trinity-San Jacinto and San Jacinto-Brazos Coastal Basins

Year 3: Sabine and Neches River Basins, Neches-Trinity Coastal Basin

Year 4: Canadian and Red River Basins Year 5: Sulpher and Cypress River Basins

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The Commission is required to determine the criteria or risk factors to be considered in the evaluation. The agency’s findings and recommendations are to be included in the Biennial Report to the Legislature. Schedule for Watermaster evaluations: Year 1: Brazos and Colorado River Basins, Brazos-Colorado and Colorado-Lavaca Coastal Basins Year 2: Trinity and San Jacinto River Basins, Trinity-San Jacinto and San Jacinto-Brazos Coastal Basins Year 3: Sabine and Neches River Basins, Neches-Trinity Coastal Basin Year 4: Canadian and Red River Basins Year 5: Sulpher and Cypress River Basins We are currently developing a stakeholder list for the Year 1 evaluation that will include: water right holders; river authorities; large and medium municipalities; agricultural, industry, environmental, and other associations/groups.

L’Oreal Stepney, P.E. [email protected] 512-239-1321

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Photo of Prairie Dog Town Fork Red River. From TPWD.

Drought water conservation TCEQ perspective 2-3-12

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