Texas Commission on Environmental Quality Watermaster Program. Katherine Bricken Texas A&M University April 25 th 2017

Transcription

1 Texas Commission on Environmental Quality Watermaster Program Katherine Bricken Texas A&M University April 25 th 2017

2 Texas Droughts

3 Why is Texas so Drought Prone?

4 Number of Texas Drought Years Between 1892 and 1992 Low Rolling Plains - 8 years East Texas - 10 years High Plains - 10 years North Central - 12 years Upper Coast - 13 years South Central - 15 years Southern - 15 years Trans-Pecos - 16 years Lower Rio Grande Valley - 17 years Edwards Plateau - 17 years

5 Does Texas Have Enough Water to Support Another Major Drought?

6 How Does Texas Allocate the Waters of the State?

7 Water Rights in Texas Prior Appropriations Doctrine Beneficial Use Doctrine Priority Call

8 Texas Commission on Environmental Quality 2001 State environmental agency Governs and administers all surface water rights Oversees the Watermaster program

9 What is a Watermaster?

10 Texas Watermaster Responsibilities Protect adjudicated rights Regulate unnecessary or unlawful waste, diversions, and/or storage Enforce compliance by monitoring stream flows, reservoir levels, and use Inform holders as needed about water availability Respond to complaints Oversee where a diversion would remove water that rightfully belongs to another

11 Watermaster Program Staff Watermaster Staff of State Deputies Advisory Committee

12 Diversions Any and all diversions must be approved and recorded Diversion plan must indicate the exact time, amount, and purpose If resources are available and within permit, then the diversion will be authorized

13 Basin Program Creation Means The TCEQ decides to divide the state into water divisions. A petition for a Watermaster Program is signed by twenty-five water rights holders The Texas State Legislature passes a statue for the viewed necessary creation

14 Legislative Authority

15 Texas Water Code Delegates the legal right to oversee physical water right compliance through: Monitoring stream flows Regulating reservoir levels and water use Metering and coordinating water diversions Water rights holders must pay the TCEQ for their basin s Watermaster operations and expenses

16 The State of Texas v. Hidalgo County Water Control & Improvement District of 1969 Valley Water Case 1956 Initiated the Watermaster process Stopped 40 water districts with 650 corporations and individuals from diverting water Ensured sufficient water supply for domestic use

17 Valmont Plantations v. State Landowners along the Rio Grande did not have riparian water rights The Valley Water Case came to trial before Judge J.H. Starley Ruled in 1966 that river waters would be divided according to a set of weighted priorities Ruling was upheld by the Texas Supreme Court in 1970

18 Water Rights Adjudication Act of 1967 Sections Granted the first state watermaster the power to: Physically supervise water distribution Assure adjudicated water rights holders that rights are enforced and protected

19 The Sunset Bill Readdressed the role of The Watermaster Program Amended the Adjudication Act Requires TCEQ to evaluate river basins in which no watermaster has been appointed to at least once every 5 years

20 Current Operations

21 The Rio Grande Watermaster Program Established by Valley Water case TCEQ - Middle and Upper Rio Grande adjudications International treaty Manages from Fort Quitman to the Gulf of Mexico Middle and Lower Rio Grande are served by the Falcon-Amistad reservoir system Water below Lake Amistad is allocated on a changing account basis

22 The South Texas Watermaster Program Implemented in 1988: Colorado, Guadalupe, San Antonio, and Nueces rivers Lavaca and Navidad rivers were added by petition Encompasses 50 counties and seven river basins Guadalupe, Lavaca, Lavaca Guadalupe Coastal, Nueces, Nueces Rio Grande Coastal, San Antonio, and San Antonio Nueces Coastal basins Includes five field deputies that patrol water diversion

23 The Concho River Watermaster Program Established by the 79 th Texas Legislature in 2005 through the House Bill 2815 Comprised of eight counties in West Texas Irion, Runnels, Sterling, Coke, Reagan, Tom Green, Schleicher, and Concho County covering the Concho watershed of the Colorado Basin. Centered in San Angelo in Tom Green County

24 The Brazos Watermaster Program Established on April 21, 2014 by petition of 37 water holders and subsequent TCEQ hearing ruling First to be established after Sunset Bill Evaluation Has authority over the Lower Brazos River Basin Five deputies patrol and manage the basin Three main offices in Stephenville, Waco and Angleton

25 Rise of Importance

26 Watermaster Program Alternatives

27 Controversy

28 Conclusion

29 Questions?