Source: Guadalupe-Blanco River Authority

Texas' statewide water planning effort will face a major challenge on June 20th. The Guadalupe-Blanco River Authority (GBRA) in Central Texas is currently awaiting a decision on whether it will be forced into a contested hearing over a water supply project for the Texas Hill Country by Trout Unlimited for a project that is a cornerstone of the regional water plan that includes San Antonio. The GBRA permit amendment represents the first major project in all of the submitted regional plans to seek a permit from the Texas Natural Resource Conservation Commission (TNRCC).

Sixteen regional water planning groups submitted their plans to the Texas Water Development Board (TWDB) for review. These plans are the result of landmark water planning legislation passed in 1997, known as Senate Bill 1. If approved, the regional plans will be incorporated into a compatible statewide plan that will guide the development of water supplies in Texas for the next fifty years.

The Canyon Reservoir permit amendment has been recommended in the last two state water plans developed by the Texas Water Development Board. The application, which was filed with the 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. 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 wants releases increased from Canyon Reservoir for a trout fishery. The non-native rainbow trout and brown trout are stocked by the Texas Parks and Wildlife Department and GRTU and are not found naturally anywhere within the State.

The current regional water plan that includes the Guadalupe River was a consensus plan that does not include any large 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 new reservoirs. 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, Bulverde, Fair Oaks Ranch, New Braunfels, San Marcos, Kyle, Buda, and Boerne. It also provides for a small percentage to be delivered outside the basin on a temporary basis. During the development of the regional plan, over $1 million was spent on more than 100 public meetings to discuss the projects in the plan, including the Canyon project; however, GRTU did not comment on the Canyon Reservoir permit amendment. If the permit, which would provide water for existing shortages in the Guadalupe Basin, is denied on behalf of special interests that chose not to participate in the Senate Bill 1 planning process, the implications for the 50-year state water plan could be dire. Other projects included in the 16 regional water plans are much more likely to be controversial than the Canyon permit amendment, which seeks to modify use of an existing resource. Other regional plans include the construction of large new reservoirs and interregional water pipelines.

In addition, by requiring a contested case hearing, TNRCC could establish an entirely new burden upon permit applicants for water development within the State of Texas -- the adjudication of water for a non-native species. This 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.

The use of Canyon water is one of the few elements of the regional water plan that could be implemented in the short - term. The region has relied primarily upon the Edwards and Trinity Aquifers, which have become unable to meet the demands placed upon them during recent droughts. Texas has produced six state water plans beginning in 1961, which for the most part were not implemented because of a combination of a lack of funds and opposition by special interests. The permitting problems that new water projects are encountering in Texas are reminiscent of the problems that power projects in California encountered prior to the current energy crisis in that state.

Copyright ©2000 Stratecon Inc. All rights reserved.
Terms of Use  | Privacy Policy  | Disclaimer