TCEQ draft rule threatens the future health of Galveston Bay and the Trinity & San Jacinto Rivers TCEQ’s proposals could reduce the rivers to a trickle, while Galveston Bay could become saltier, threatening the many species that require a mix of salt and fresh water. Article 1 of 2007’s Senate Bill 3 created a process to determine how much water is needed to sustain a “sound ecological environment” across the state. The law was hailed by environmental groups and many in the water development community as a step forward on a long-contentious issue. The law creates teams of stakeholders and scientists to come up with recommendations for each region of the state. This part of the process has concluded in the Trinity/San Jacinto— Galveston Bay area. In this region, neither the Stakeholder Committee nor the Expert Science Team was able to reach agreement on recommendations. The majority of the Expert Science Team called for a full suite of flow protections, covering a variety of flow conditions, at multiple locations up and down the long river basins. A competing recommendation, primarily from the members most closely aligned with entities that sell water, called for lower levels of flows in a limited number of locations. The statewide Science Advisory Committee (SAC), charged with providing scientific oversight for the overall process, determined that the second recommendation did not meet the statutory requirement of protecting the environment. Unfortunately, TCEQ leaned heavily on this second recommendation when creating its draft rule for the Trinity and San Jacinto Rivers. TCEQ’s draft proposes extremely low flow levels for the Trinity and San Jacinto Rivers and sets out a vague and hard-toimplement guideline for Galveston Bay. If these recommendations become TCEQ’s rule, the Trinity and San Jacinto Rivers would be allowed to slow to a trickle, harming water quality in an already compromised system. Galveston Bay would be very vulnerable to increased salinity, particularly during times of drought.
Trinity River near Oakwood, May flow levels TCEQ staff's recommended flow level (in red) is far below what the river has experienced historically (in green). TCEQ’s new “base flow” recommendation would be in effect almost all of the time. During droughts, the river would be allowed to fall even lower. A team of more independent scientists made a three-tiered recommendation (in blue) based in part on the biological needs of wildlife in the river. This group’s recommendation would likely be enough to protect the rivers. We are recommending that TCEQ make a version of this recommendation available for public comment along with their staff proposal.
Galveston Bay at risk The shallow waters covering Galveston Bay’s 600 square miles have historically produced as much as 80% of the oysters harvested in the state. The area’s blue crab and shrimp harvests are also some of the largest in Texas. Galveston Bay is loved by recreational anglers and its shallow waters are home to Atlantic croaker, flounder, spotted seatrout, and many other species of fish. Nearly three hundred different kinds of birds have been seen in the area around Galveston Bay. This biological diversity is due in large part to the freshwater flowing into Galveston Bay from the Trinity and San Jacinto Rivers. This mix of fresh and saltwater is critical for the reproduction of organisms such as shrimp, crabs and oysters. Freshwater from the rivers also brings sediment to the bay, which builds up habitats such as saltwater marshes and the barrier islands. Projections of future water use, such as the National Wildlife Federation’s 2004 report Bays in Peril, indicate that Galveston Bay could end up deprived of adequate freshwater, particularly during dry years. The current proposal has several shortcomings for Galveston Bay. Instead of setting seasonal targets based on natural rainfall patterns, it sets only a marginally enforceable yearly total based on long-term averages. Theoretically, one big rain event could satisfy the bay’s annual requirement. Moreover, TCEQ’s draft rule leaves the bay completely unprotected when protection is most needed—during droughts.
TCEQ’s proposals could affect commercial and recreational fishing in Galveston Bay.
TCEQ needs to put a stronger option on the table The rule that TCEQ has currently proposed for the Trinity and San Jacinto Basins will not protect a “sound ecological environment” as Senate Bill 3 requires. If this proposal were to become the rule, the rivers and bay would likely be even less protected than they are under the status quo. TCEQ needs to give the public a meaningful opportunity to comment on flow protections by simultaneously publishing an alternate rule with higher flow levels. TCEQ should base this alternate rule on the recommendations from the subset of the stakeholder group that incorporated the work of the independent scientists. This report outlined reasonable recommendations that would protect the rivers and bay while still allowing for future water development upstream.
Timeline for the rulemaking Nov. 3, 2010 TCEQ Commissioners consider putting rule out for comment Nov. 19, 2010 Public comment period starts Dec. 16, 2010 Public Hearing in Austin Dec. 20, 2010 Public comment period ends June 1, 2011 TCEQ adopts of flow standards (on or before this date)
TCEQ’s draft rule leaves the bay completely unprotected when protection is most needed—during droughts.
