Senate Bill 3: Environmental Flow Standards Rulemaking Stakeholder Meeting
November 3, 2011
Presenters
Ron Ellis: Section Manager with Water Rights Permitting and Availability Section
Kathy Alexander: Water Rights Permitting and Availability Section
Ron Ellis
Explains that the anticipated proposal agenda date is February 22, 2012. The anticipated date to file the rule proposal with the Chief Clerk is February 3, 2012. The anticipated publication date in the Texas Register is March 9, 2012. The public comment window will be March 9-April 9, 2012. There will be a public hearing on April 3, 2012. The anticipated adoption agenda is July 25, 2012. The statutory deadline for adoption is September 1, 2012.
Kathy Alexander
TCEQ is currently performing analysis for balancing human and other competing needs for water. Stakeholder committees conducted their own evaluations of how these balances affect different groups. TCEQ is currently considering information gathered from stakeholder groups regarding their balancing analysis. TCEQ anticipates a review of water availability on the appropriated flows of these water basins.
Comments
Charles Smith, Aransas County Commissioner: Addresses how the most recent drought has affected Aransas County, noting that his county needs a constant supply of freshwater for the good of their fishing industry and tourist economy. In addition, he explains that the county’s oyster season is in danger of being cancelled. He warns that this condition will worsen with the continuance of overcommitted water. He does not believe a balance of flows has been achieved and wants the permitting process to be revisited.
Larry Davis, Resident of Sun City: Frustrated with trying to understand how the water rules were formulated. Explains that the nature club in his community did not understand how the final rule came about, as well as whether or not the rule would protect the environment. He suggests that TCEQ provides public sources to help people understand how recommendations were arrived at and how they protect the environment and balance water usage. He thinks that the rule should be revisited, noting there should be more compromise between TCEQ and stakeholders.
Stephen Ravy, Director of Technical Services for the San Antonio River Authority: Encourages the adoption of TCEQ’s recommendation, explaining that it is fair and in the best interest of the stakeholders. Notes that the San Antonio River Authority worked with TCEQ to arrive at this solution. He thinks that the SB 2 and SB 3 processes are complementary and believes that they will work better together than they would independently.
James Murphy, Executive Manager for Water Resources and Utility Operations and the Guadalupe and Blanca River Authority: Wants balance on the issue of consensus. Argues that consensus balance is not the same thing as a water conservation plan. Notes that the purpose of the stakeholder meeting is to give TCEQ recommendations. Agrees the rule did balance, but not towards human needs, but instead needs of the environment. Says the 10% rule that sets aside money for the environment is not acceptable and claims it is proof that the TCEQ has not done its job.
Jennifer Ellis, National Wildlife Federation: Explains that as part of a stakeholder committee, she worked tirelessly to find a balance between water use for the environment and the stakeholders. Says it was clear that consensus was important in finding the balance and all parties agreed to that, explaining that the 10% for the environment rule is an example of compromise and balance. Says the in stream flow recommendations are not sufficient to protect the basins. Urges TCEQ to accept the recommendations put forth by the stakeholder committees, noting that they are a reasonable middle ground.
Tyson Broad, Lone Star Chapter of the Sierra Club: Served on a stakeholder committee and notes that the recommendations put forth by his committee are the result of a fair and balanced consensus, but notes that the recommendation was not accepted unanimously. Explains that his committee came up with ways that the 10% rule could be possible, suggesting that the TCEQ create an advisory group to provide ideas and suggestions to ensure the dedication of this percentage.
Hope Wells, Corporate Counsel with the San Antonio Water System: Acknowledges the need to balance the recycle water program and the environmental needs of the river. Expresses her support for the recommendation because it reflects reasonable compromises and a balanced approach.
Diane Wassenich, Program Manager for the San Marcos River Foundation: Served as Vice Chair of a stakeholder group. Feels that learning more about the issues surrounding water helped the committee to understand the BBEST recommendations. Explains that there was no conspiracy between the stakeholder committees to kill water projects. Acknowledges that water is part of the human environment as well as the natural environment.
Steve Bachs, Executive Director of Environmental Stewardship: Attended almost all of the BBEST meetings. Encourages the support of the Colorado-Lavaca recommendations because the members were able to come to a consensus. Has concerns that the Colorado-Lavaca basin is overcommitted. Explains that the human part of the balance has taken much more than the environmental side of the balance has been given.
Myron Hess, National Wildlife Federation: Served on the stakeholder committee for the Colorado-Lavaca basin. Is pleased with the recognition of the importance of environmental flow protection, claiming it is important to the heritage of Texans as well as the economy. Encourages the acceptance of the recommendations that the committee has made.
Jennifer Walker, Sierra Club: Served as an alternate member for the Colorado-Lavaca committee, reiterating how important balance was in the committee’s negotiations. Notes that no one walked away with everything that they had wanted from the compromise. Urges the TCEQ to adopt the consensus recommendations.
Betty Stiles, Aransas County Coalition: Says that TCEQ must address the issue of whooping cranes, explaining that the whooping cranes in Aransas County are completely indigenous to that area. She urges the TCEQ to provide financial help to preserve the bird.