The Edwards Aquifer and the Guadalupe River

Transcription

1 The Edwards Aquifer and the Guadalupe River What s s on Tap for South Central Texas? --A A Water for People & the Environment Conference-- September 9, Todd Votteler (800)

2 Texas Water Law Edwards Aquifer-Associated Associated Rivers Begins as State surface water recharge along streambeds Becomes private groundwater pumped by wells Becomes State surface water again at springs Edwards Aquifer water goes from State water to regulated by TCEQ to groundwater regulated by the EAA to State water as it travels Texas groundwater law, the Rule of Capture - pumping can dry up springs no remedy

3 All of the Largest Springs in Texas Originate from the Edwards Aquifer San Felipe Del Rio San Marcos San Marcos Comal New Braunfels Texas Wild Rice Fountain darter Las Moras Springs Brackettville Most Have 3 Endangered Species

4 Comal Springs New Braunfels, Texas Most prolific spring system West of Mississippi River Average Average discharge 300 cfs, equals 217,200 acft/yr Home of the endangered fountain darter & other listed species Until now, no critical habitat designated for 4 Comal Springs

5 Why are the Springs Important to the Guadalupe Basin? Springflows form Comal & San Marcos Rivers - major tributaries to Guadalupe River Average flows at Comal & San Marcos Springs contribute to the Guadalupe River twice what San Antonio pumps annually Summer 1996 Drought Springs provided majority of Guadalupe flow at Victoria & almost half of San Antonio Bay s s freshwater Springs are critical to water supply for communities from San Marcos, New Braunfels to Victoria Endangered Species Act protects species & habitats at Comal & San Marcos Springs 5

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12 The Guadalupe River is the Primary Source of Freshwater Inflows to San Antonio Bay Brown Shrimp Guadalupe River Blue Crab Whooping Crane FISHERIES HARVEST (MILLIONS LBS) INFLOW (MILLIONS ACRE-FEET) TxEMP MODEL SOLUTIONS 1.15 MAF San Antonio Bay 12

13 Edwards Aquifer Characteristics Record Edwards Aquifer Pumping Average Edwards Irrigation: Average Edwards M/I Use: Average Comal/San Marcos Spring Discharge Record High Edwards Recharge Edwards Recharge Record Low Recharge ,500 acft/yr 121,500 acft/yr 288,000 acft/yr 436,600 acft/yr 2.49 M acft 2.2 M acft 43,700 acft

14 The Evolution of Pumping Limits YEAR EVENT Drought of Record: Comal Springs Ceases to Flow State Water Plan Recommends Unspecified Limit on Edwards Aquifer First Edwards Aquifer Species Added to List of Endangered Species Texas Water Plan Recommends 400,000 acft/yr Limit on Edwards Aquifer Pumping Endangered Species Act Becomes Law Endangered Species Act Becomes Law 14

15 The Evolution of Pumping Limitations YEAR EVENT Water for Texas Recommends 425,000 acft Limit on Edwards Aquifer Pumping USFWS Recommends 450,000 acft Limit Followed by 400,000 acft Limit Judge Bunton Rules in Favor of Aquifer Regulation in Sierra Club v. Babbitt ESA Litigation Edwards Aquifer Authority created by Senate Bill

16 In 1993 the Texas Legislature replaces the Edwards Under- Ground Water District with the Edwards Aquifer Authority The Act requires EAA to: Issue permits & regulate pumping Permits based on historical use Permit 450,000 acft/yr 2008 cap is 400,000 acft/yr Requires continuous minimum springflows to preserve endangered species habitats by 2012 Adopt pumping drought rules The Catfish Farm 16 World s s Largest Artesian Well

17 Edwards Aquifer Issues 450,000 acft/yr until 2007; 400,000 acft/yr in 2008 yet permits currently total 549,000 acft/yr, some 99,000 acft/yr over the limit Caps on Annual Aquifer Pumping Issue: What to do about excess permit rights above 450,000 acft/yr? Proportionally reduce all permits, buy-down excess rights? State legislation in 2005 to increase cap to sum of all permits did not pass EAA solution is to make the portion of permits above cap Junior rights can be accrued when aquifer is above certain levels 17

18 Junior-Senior Rights Bifurcated ( Junior( Junior-Senior ) ) permit rules allow the portion of permits above cap - junior rights to be accumulated when J-17 J is above 665 ftmsl and used when aquifer is below 665, but 650 is where Stage I of the Critical Period Management Plan is triggered Junior rights can be sold apart from senior rights 18

19 TCEQ Resolution on Junior/Senior Water Rights, Essentially a Recommendation... [T]he EAA s s Junior/Senior permit rules will have a measurable effect on downstream water interests, particularly surface water right holders. Permits from Kerrville to Victoria are impacted; and [T]he EAA s s Junior/Senior permit rules are contrary to the [TCEQ s] actions affecting downstream interests because they could measurably deprive downstream water right holders of a portion of river flows... under permits and certificates of adjudication... and also could otherwise measurably deprive flows for instream uses. 19

20 Junior-Senior Rights Junior rights were available from January 1st to April 15th this year. The aquifer plummeted during that time. Is 2006 the kind of year in which more water should be pumped out of the Edwards Aquifer than is allowed under the 450,000 acft cap? 20

21 Previous Attempts to Provide San Antonio with a Significant Surface Water Alternative 1960s, San Antonio withdraws from effort with GBRA to build Cuero I & II Reservoirs 1976, San Antonio City Council rejects purchase of 30,000 acft/yr from Canyon Reservoir with option for 50,000 acft/yr 1991 & 1994, city election in San Antonio rejects Applewhite Reservoir 2005, SAWS withdraws from Lower Guadalupe Water Supply Project 21

22 Critical Habitat Designation The Comal Springs riffle beetle, Comal Springs dryopid beetle & Peck s s cave amphipod were listed as endangered on December 18, Critical habitat was not designated. The Center for Biological Diversity (CBD) sued the U.S. Fish & Wildlife Service under the Endangered Species Act in 2003 to force the designation for these species as well as many others. USFWS settled with the CBD. Critical habitat would be established at Comal & Hueco Springs in Comal County, and Fern Bank & San Marcos Springs in Hays County. Critical habitat already exists at San Marcos Springs.88 22

23 Region L & SAWS 2005 Water Plan Update Area Monthly Water Rates 10,000 gallons residential use: $19 SAWS; $30 NBU; $30 Victoria; $54 San Marcos SAWS 2005 Water Plan Update Abandons some Edwards Aquifer alternative water projects; delays others Increases use of Edwards Aquifer Bases Edwards supply on 1984 drought, not Drought of Record increases risk to Springs Region L becomes first region ever to miss planning deadline - so TWDB will prepare plan, but will likely defer to Region L Plan approved after the deadline 23

24 Drought of Record Considerations Drought of Record is when natural hydrological conditions provided the least amount of water supply Regional water plans must be based on the Drought of Record SAWS selected 1984 as foundation of 2005 Water Plan Update instead of Drought of Record Historical recharge indicates 1984 was third most severe drought since Drought of Record 24

25 Latest Analysis of Tree-Ring Chronologies in Edwards Region; The reconstructions confirm that the 1950s drought was very bad, even when viewed in a long-term context. The reconstructions also indicate that there may have been periods when drought was more protracted and the impact might have been considerably worse. It would appear unwise for civil authorities to assume that the 1950s drought represents the worst case scenario to be used for planning purposes in water resources management in the South Central and Edwards Plateau climate divisions of Texas. 25

26 For More Information Call GBRA at (800) On the Internet go to Also see the section on Edwards Aquifer issues at To learn more about the Whooping Crane studies go to sages.tamu.edu/. 26

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28 Guadalupe Estuary: The Numbers Based on TCEQ s Water Availability Models Canadian Red Sulphur Cypress Sabine Brazos Trinity Neches Colorado Rio Grande Nueces Guadalupe San Antonio Lavaca San Jacinto Neches-Trinity Trinity-San Jacinto San Jacinto-Brazos Brazos-Colorado Colorado-Lavaca Lavaca-Guadalupe San Antonio-Nueces Nueces-Rio Grande 1.1 Million Acre Feet per Year to sustain Existing Health and Productivity Inflow in Drought of Record (1956) If All Water Rights Exercised: 64,394 acre feet Median Annual Inflow, All Water Rights Exercised: 1.57 Million Acre Feet If Freshwater Inflows Necessary to Conserve Health and Productivity of San Antonio Estuary Reserved, Water Available for Other Uses: 0.54 Million Acre Feet 28