Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk...
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![Page 1: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/1.jpg)
Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes?
Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas A&M University
![Page 2: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/2.jpg)
• Texas Senate Bill 1 (1997) established regional water planning groups.
![Page 3: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/3.jpg)
• Senate Bill 2 (2001) mandated environmental flows research by natural resource agencies (TWDB, TPWD, TCEQ)
– established the Texas Instream Flow Program
![Page 4: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/4.jpg)
• Senate Bill 3 of the 80th Texas Legislature (2007) mandated formation of basin stakeholder groups and expert science teams to make environmental flow recommendations using best available information.
![Page 5: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/5.jpg)
![Page 6: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/6.jpg)
The focus is future water rights permitting.
Most rights were issued prior to 1985 and have no environmental protection.
Of the estimated 7500 rights, fewer than 15% include environmental restrictions.
So ….. the burden falls to post-1985 rights to protect environmental flows.
![Page 7: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/7.jpg)
For the past 40 years, the state has relied upon simple desktop approaches for evaluating flow needs of rivers, streams and bays (Lyons Method, 7Q2, etc.).
![Page 8: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/8.jpg)
The goal is to conserve the timing, magnitude & duration of flow components that are essential features
of the natural flow regime.
![Page 9: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/9.jpg)
![Page 10: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/10.jpg)
![Page 11: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/11.jpg)
Texas SB 3 Process for Establishing Environmental Flows
Environmental Flows Advisory Group
9 members
Environmental Flows Science Advisory
Committee
9 members
Basin and Bay Expert Science Team
Appoint
Governor- 3 Speaker- 3
Appoint TCEQ
Basin and Bay Area Stakeholders
Committee
17+ Members
Lt. Governor- 3
E-flowStandards
Advise
![Page 12: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/12.jpg)
Texas SB 3 Process for Establishing Environmental Flows
Environmental Flows Advisory Group
9 members
Environmental Flows Science Advisory
Committee
9 members
Basin and Bay Expert Science Team
Appoint
Governor- 3 Speaker- 3
Appoint
Lt. Governor- 3
E-flowStandards
TCEQ
Basin and Bay Area Stakeholders
Committee
17+ Members
Advise
![Page 13: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/13.jpg)
Basin and Bay Expert Science Teams
– shall develop environmental flow analyses and a recommended environmental flow regime for the river basin and bay system through a collaborative process designed to achieve a consensus
![Page 14: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/14.jpg)
Basin and Bay Expert Science Teams
– shall develop environmental flow analyses and a recommended environmental flow regime for the river basin and bay system through a collaborative process designed to achieve a consensus
– the science team must consider all reasonably available science, without regard to the need for the water for other uses
![Page 15: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/15.jpg)
Science Team Biology Subcommittee Environmental Flows Recommendation
Subsistence flows: 83 cfs Winter 61 cfs Spring, Summer, Fall
Base flows: Dry year: Winter 240 cfs, Spring 106 cfs, Summer 70 cfs, Fall 89 cfs Average year: Winter 424 cfs, Spring 189 cfs, Summer 91 cfs, Fall 138 cfs Wet year: Winter 672 cfs, Spring 335 cfs, Summer 135 cfs, Fall 236 cfs
High flow pulses*: 2-per-season: Winter 2,010 cfs, Spring 1,380 cfs, Summer 341 cfs, Fall 712 cfs
1-per-season: Winter 2,070 cfs, Spring 2,070 cfs, Summer 814 cfs, Fall 2,070 cfs
1-per-2 years: 12,400 cfs
* high flow pulses have estimated volumes & durations; frequencies may not be attained every year.
Village Creek near Kountze, USGS gage 08041500
![Page 16: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/16.jpg)
![Page 17: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/17.jpg)
SB3 Accomplishments for the Sabine & Neches Basins
Flow Pulses for the Neches River at Evadale
Puls
e/yr
(acr
e fe
et x
105 )
Scie
nce
team
Stak
ehol
der c
omm
ittee
decli
ned
to p
ropo
se
TCEQ
dra
ft st
anda
rd
Stak
ehol
der c
omm
ittee
late
subm
issio
n
TCEQ
fina
l sta
ndar
d
5
1
4
3
2
0 X
![Page 18: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/18.jpg)
SB3 Accomplishments for the Trinity & San Jacinto Basins
Flow Pulses for the Trinity River near Romayor
Puls
e/yr
(acr
e fe
et x
105 )
Scie
nce
team
- re
gim
e gr
oup
Stak
ehol
der c
omm
ittee
(regi
me)
TCEQ
dra
ft st
anda
rd
TCEQ
fina
l sta
ndar
d
5
1
4
3
2
0 X
Scie
nce
team
- co
nditi
onal
gro
up
Stak
ehol
der c
omm
ittee
(con
ditio
nal)
X
![Page 19: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/19.jpg)
SB3 Accomplishments for the Colorado & Lavaca Basins
Flow Pulses for the Colorado River at Wharton
Puls
e/yr
(acr
e fe
et x
105 )
Scie
nce
team
Stak
ehol
der c
omm
ittee
TCEQ
dra
ft st
anda
rd
TCEQ
fina
l sta
ndar
d
5
1
4
3
2
0
![Page 20: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/20.jpg)
SB3 Accomplishments for the Guadalupe & San Antonio Basins
Flow Pulses for the Guadalupe River at Victoria
Puls
e/yr
(acr
e fe
et x
105 )
Scie
nce
team
&
Stak
ehol
der c
omm
ittee
TCEQ
dra
ft st
anda
rd
TCEQ
fina
l sta
ndar
d
5
1
4
3
2
0
![Page 21: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/21.jpg)
SB3 Accomplishments for the Brazos BasinFlow Pulses for the Brazos River at Richmond
Puls
e/yr
(acr
e fe
et x
105 )
Scie
nce
team
Stak
ehol
der
Com
mitt
ee
TCEQ
stan
dard
5
1
4
3
2
0
617,000
?
1,019,000
![Page 22: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/22.jpg)
SB3 Accomplishments for the Brazos BasinFlow Pulses for the Brazos River at Richmond
Puls
e/yr
(acr
e fe
et x
105 )
Scie
nce
team
Stak
ehol
der
Com
mitt
ee
TCEQ
stan
dard
5
1
4
3
2
0
617,000
?
1,019,000
pulse required to connect a young oxbow in the region
![Page 23: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/23.jpg)
Arguments for setting environmental flow standards lower than those advised by science teams and stakeholder committees:
![Page 24: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/24.jpg)
Arguments for setting environmental flow standards lower than those advised by science teams and stakeholder committees:
• Water project X has been planned for my region, so the standards need to be low enough to allow that to go forward.
![Page 25: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/25.jpg)
Arguments for setting environmental flow standards lower than those advised by science teams and stakeholder committees:
• Water project X has been planned for my region, so the standards need to be low enough to allow that to go forward.
• We can’t be sure these are the exact values that will satisfy environmental needs, but we know for sure we will need more water for municipal and industrial growth.
![Page 26: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/26.jpg)
Arguments for setting environmental flow standards lower than those advised by science teams and stakeholder committees:
• Water project X has been planned for my region, so the standards need to be low enough to allow that to go forward.
• We can’t be sure these are the exact values that will satisfy environmental needs, but we know for sure we will need more water for municipal and industrial growth.
• It doesn’t matter if we set them too low, because, except during prolonged drought, it is impossible to divert all of the water from a river.
![Page 27: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/27.jpg)
Arguments for setting environmental flow standards lower than those advised by science teams and stakeholder committees:
• Water project X has been planned for my region, so the standards need to be low enough to allow that to go forward.
• We can’t be sure these are the exact values that will satisfy environmental needs, but we know for sure we will need more water for municipal and industrial growth.
• It doesn’t matter if we set them too low because, except during prolonged drought, it is impossible to divert all of the water from a river.
• We don’t have to worry if we set standards too low right now, because we can adjust them later under the adaptive management plan.
![Page 28: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/28.jpg)
SB3 definition of environmental flow regime:
“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 to maintain the productivity, extent, and persistence of key aquatic habitats in and along the affected water bodies.”
![Page 29: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/29.jpg)
Saltwater barrieron Lower NechesRiver
Big Thicket PreserveLower Cypress Tract
City of Beaumont
MeadeWestvacopaper mill effluentreceiving pond
![Page 30: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/30.jpg)
Conclusion:
• SB3 seemed like a reasonable attempt at a stakeholder-driven, science-based process to produce improved standards for environmental protection during water rights permitting.
![Page 31: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/31.jpg)
Conclusion:
• But the process broke down at nearly every step as powerful economic/political interests leveraged their positions to ensure that environmental flow protections were set as low as possible, thus having more water available for future appropriations.
![Page 32: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/32.jpg)
Conclusion:
• Certain stakeholders invoked adaptive management as an insurance policy –– mistakes can be corrected as new information comes forth.
![Page 33: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/33.jpg)
Conclusion:
• However, the promise of adaptive management also can be used to justify bad decisions that can result in severe and long-lasting impacts.
![Page 34: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/34.jpg)
Rio Grande at Big Bend National Park
![Page 35: Environmental Flows Under Texas Senate Bill 3: Did We Leave Enough Water for the Fishes? Kirk Winemiller, Dept. of Wildlife and Fisheries Sciences, Texas.](https://reader036.fdocuments.us/reader036/viewer/2022062716/56649e005503460f94ae8bb7/html5/thumbnails/35.jpg)