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This report covers the stakeholder meeting of the TCEQ discussed draft permitting guidelines required by HB3/SB3.
 
SB 3 Draft Permitting Guidelines
 
Kathy Alexander, Water Availability Division, TCEQ

  • In 2007 SB3 and HB 3 were passed and amended the Texas Water Code to require TCEQ to adopt environmental flow standards
  • The draft implementation guidelines are meant to meet the requirements of HB 3/SB 3 and create rules for flow restriction conditions for permits or amendments that request new appropriations of water and voluntary contributions and adjustments
    • Draft Implementation Guidelines (link)
      • Staff evaluates applications for new appropriations of water using TCEQ’s full authorization water availability model (WAM)
      • Measurement points for permit applications – depends on upstream or downstream location
        • For smaller applications with a single diversion point, the nearest measurement point is used in the flow restriction special condition in the permit
        • For an application for a new appropriation of water in a coastal basin that does not include a measurement point, adopted standards may be translated from the nearest measurement point using a number of methods
      • Translating Environmental Flow Standards – the goal of special conditions in a permit will be to protect the standards (20 TAC Section 298.15)
        • Subsistence and Base Flows –  if there is a need to pro-rate subsistence and base flow standards, these flow components will generally be prorated from standards at adopted measurement points using drainage are ratio; however, special circumstances bay require use of a flow factor for translation
        • Pulse Flow Standards – can be translated using pulse flow requirements, trigger flows, durations, and pulse volumes
        • Bay and Estuary Evaluation – staff will consider whether a new application impairs freshwater inflow standards as part of the water availability determination for new appropriations of water
      • Process for Adjusting Environmental Flow Conditions in Certain Permits
        • The adjustment process would start on the petition of the ED and only apply to new appropriations and amendments that increased an appropriation issued after September 1, 2007; all new appropriations of water issued after September 1, 2007 include a provision that allows for adjustment of environmental flow conditions to achieve compliance with adopted environmental flow standards
        • Subsection (h) of Section 298.25 implements the provision of TWC Section 11.147 (e)(1) that the adjustment may not exceed 12.5% of the annualized total  the amount required to be adjusted; any adjustments will only apply to new appropriations issued after September 1, 2007 and not to authorizations granted before this date
        • Section 298.25(j) implements the provisions of TWC 11.147(e)(1) and (e)(2) that call for appropriate consideration of voluntary contributions to the Texas Water Trust; the intent of this provision is to ensure that water dedicated to the environment receive full credit for the dedicated amount is available often enough to reliably provide protection to the environment

Public Question
 
Glenn Clingenpeel , Trinity River Authority

  • Any considerations for legacy instream flows pre and post SB 3?
    • Permits prior to SB 3 may have different flow restrictions; permit holders can request a change in their permit to meet SB 3 standards

 
Caroline Runge, Menard County Water District

  • If an entity that doesn’t own land on the river acquires a permit for a diversion point, is that allowed
    • Yes
  • If someone buys 100 acre feet to donate for instream flow purposes, the entire purchase isn’t subject to flow restrictions
    • There would be a good argument for that the staff is uncertain

 
Public Comment
 
Annie Kellough, National Wildlife Federation

  • Does not like the concrete statement that compliance is never required in regard to downstream measurement points
  • Would like clarification for Coastal Basins adopted standards