1. The Texas Instream Flow Program Barney Austin Surface Water Resources Division Texas Water Development Board Halloween 2005

2. Senate Bill 2 The Texas Legislature directed tri-agencies (TPWD, TWDB, and TCEQ) to: Establish and continuously maintain an instream flow data collection and evaluation program, and Develop methodologies to determine flow conditions in Texas rivers and streams necessary to support a sound ecological environment.

3. Senate Bill 2 Framework for Instream Flow Study Program requires tri-agencies to: Share oversight of program studies. Share data, studies, analysis, information and reports. Establish a Work Plan that prioritizes studies and sets interim deadlines for publication of flow determinations, and Complete priority studies by December 31, 2010.

4. Senate Bill 2 Framework for Instream Flow Study also: Requires TCEQ to consider the results of completed studies in its review of any management plans, water rights, or interbasin transfers.

5. Joint study accomplishments: Interagency MOA (Executed: Oct 17, 2002) Programmatic Work Plan (Final: Dec 19, 2002) NAS contract (July 30, 2003) Technical Overview (Draft: August 8, 2003)

7. Summary of Agency Roles Instream Flow Study Element Coordinating Agency Study DesignJoint Hydrological and Hydraulic EvaluationTWDB Biological EvaluationTPWD Physical Processes EvaluationJoint Water Quality EvaluationTCEQ IntegrationJoint InterpretationJoint Study ReportJoint Monitoring and ValidationJoint

8. Texas Instream Flow Studies

9. Timeframes for Priority Studies Subbasin 20032004200520062007200820092010 Lower Guadalupe River Lower Brazos River Lower San Antonio River Middle Trinity River Lower Sabine River Middle Brazos River Sabine R. Toledo Bend

10. National Academy of Sciences 1. Evaluate science and methodology in key documents 2. Review and provide advice on scientific and technical matters relevant to the Instream Flow Program 3. Evaluate findings and recommendations of Tasks 1 and 2 for consistency with the requirements of Texas law for the study of Instream Flows

11. NAS Committee 11 national experts, including: Dr. David Maidment (UT) Dr. Kirk Winemiller (TAMU) Dr. Thomas Hardy (Utah)

12. NAS Public meetings Austin – Oct 2003 San Antonio – Jan 2004 San Marcos – Mar 2004 Final report released in March 2005…

13. Summary (the good stuff) The state of Texas shows an impressive commitment to designing and implementing an instream flow program…

14. Summary (the good stuff) The Texas agencies are commended for proposing a prospective, comprehensive instream flow program…the program will provide enormous benefits to the state over the next several decades and beyond.

15. Ten Major Recommendations: Definition of “sound ecological environment” Need to define clear and specific goals A suite of measurable, ecological indicators is needed Consistent spatial scale and level of detail between elements is needed. Clearer process by which the individual technical evaluations will be integrated into instream flow recommendations is needed. The instream flow program should be integrated with the water quality, water permitting, and other water- related programs in Texas. Need for an independent, interdisciplinary, periodic peer review process

16. Stakeholder involvement Meeting on Sept 30 th Help finalize the Technical Overview document Participation in basin studies Not yet ready for prime time Will need to reconsider in light of the Executive Order.

17. October 28 th - Executive Order The Environmental Flows Advisory Committee…make recommendations for commission action and legislation on methods for making future decisions to protect instream flows and freshwater inflows, while integrating such needs with human needs…using the Study Commission report as a starting point. The Committee shall develop recommendations to establish a process that will achieve a consensus-based, regional approach to integrate environmental flow protection with flows for human needs. The Committee may appoint: three or four local or regional stakeholder advisory councils prioritized by basin/bay system; and a science advisory council of five members to provide technical expertise.

18. Thank you! http://www.twdb.state.tx.us/InstreamFlows/