Source: Guadalupe-Blanco River Authority

The Guadalupe-Blanco River Authority (GBRA) in Central Texas is currently awaiting a decision on whether Trout Unlimited will force a contested hearing over a water supply project for the Texas Hill Country.

The GBRA permit application is pending before the Texas Natural Resource Conservation Commission (TNRCC). The application, which was filed with TNRCC in 1997, would increase GBRA's authorized diversion from 50,000 to 90,000 acre-feet per year from Canyon Reservoir. The permit recognizes the subordination of GBRA's downstream hydroelectric rights, which GBRA completed in 1994. The permit amendment is a critical prerequisite for water supply projects that are at the heart of a state-mandated regional water planning effort. On May 9th, 2001, the TNRCC dismissed 16 of the 17 parties contesting the GBRA permit application, leaving the Guadalupe River chapter of Trout Unlimited (GRTU). GRTU is the largest Trout Unlimited chapter in the United States. GRTU wants releases increased from Canyon Reservoir to allow the establishment of a year-round cold water trout fishery. However, it is uncertain whether the action requested by GRTU would establish a sustainable population of a non-native trout fishery in the Guadalupe River. The TNRCC states that the releases sought by GRTU would provide 6 acre-feet of water per individual trout, enough water to provide 24 people with water for an entire year. In other states, such as Montana, Trout Unlimited has opted to lease instream flows for native trout fisheries.

The non-native rainbow trout and brown trout are stocked by the Texas Parks and Wildlife Department and GRTU. The fish are not found naturally anywhere within the State of Texas and are unable to sustain themselves without perpetual restocking.

The Canyon Reservoir permit amendment has been recommended in the last two state water plans developed by the Texas Water Development Board. The current regional water plan that includes the Guadalupe River was a consensus plan that does not include new reservoirs. The tradeoff was that existing water resources must be utilized to their full potential. Canyon Reservoir provides for a sustainable water supply, and is environmentally sound as compared to building a new reservoir. The additional water is needed now by cities whose groundwater wells failed during the brief drought that ended in the year 2000. In many areas within GBRA's district, drinking water had to be hauled in by trucks. The increase in annual yield of Canyon Reservoir, would provide water to residents of the basin, including the Comal Independent School District, New Braunfels, and Boerne. It also provides for a small percentage to be delivered outside the basin on a temporary basis. During the development of the state regional plan, over 100 public meetings were held to discuss this project, as well as many others in the plan; however, GRTU did not comment on the Canyon Reservoir permit amendment.

The adjudication of water for a non-native species would establish an entirely new burden upon permit applicants for water development in the State of Texas. It could represent a new avenue for regulating existing reservoir releases, river flows, and potentially any other operations within a river authority's jurisdiction, and any new water rights appropriated in the State. However, if GRTU is given party status and granted a contested case hearing against GBRA's permit application, a significant precedent would be established providing standing for individuals and organizations claiming representation of non-native species in air, land, and water permits before TNRCC.

GRTU spokesman David Schroeder reported in a local newspaper, the New Braunfels Herald-Zeitung, that the chapter has the full backing and support of the national Trout Unlimited organization. The article quotes Steve Moyer, vice-president of conservation for national Trout Unlimited, "While native fish are our first priority, we've helped the local chapter there with this issue." A message that was recently posted on GRTU's website titled, Re: SEND LAWYERS GUNS & MONEY states that, "GRTU efforts will set precedence with these 'river authorities' and the Guad is only the beginning." There are 89 trout stocking sites in Texas, which are found in lakes and rivers located in 15 of the 16 state water planning regions.

On June 20th, 2001, the TNRCC will decide if GRTU will get a contested case hearing. A contested hearing would put the regional water plan on hold. It would also require people who need the water today to wait for at least two more years before a decision is reached.

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