Water Rights Permitting Process What TCEQ is looking for to make an application administratively complete Water Rights Permitting & Availability Section Water Availability Division

Topics Overview of Water Rights Application Review Process Permitting Hydrology Environmental Conservation Q & A Session

Permitting Review of Water Rights Humberto Galvan Work Leader Water Rights Permitting Team Good Afternoon. My name is Humberto Galvan with the Texas Commission on Environmental Quality, and my presentation today will cover a general overview of the permitting process for Water Right Applications.

What is State Water? Texas Water Code Section 11.021 State Water – The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is the property of the state. State water is defined as water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the stormwater, floodwater, and rainwater of every river, natural stream and watercourse in the state, see 30 Texas Administrative Code Section 291.1(50).

When is a Water Rights Permit Required? Texas Water Code Section 11.121 No person may appropriate any state water or begin construction of any work designed for the storage, taking, or diversion of water without first obtaining a permit… When is a water rights permit required? According to Texas Water Code Section 11.121, no person may appropriate any state water or begin construction of any work designed for storage, taking, or diversion of water without first obtaining a permit… Person who obtain water rights include individuals, corporate entities, municipalities, water supply corporations, and river authorities. Individuals, corporate entities, water supply corporations, municipalities, river authorities, etc.

Types of Water Rights Perpetual Rights Temporary Permits Term Right Water Use Permits Certificates of Adjudication Certified Filings and Claims (rare) Temporary Permits Issued for a period of 3 years or less 10 acre-feet or more and/or more than one year 10 acre-feet or less and less than one year (Regional Office or Watermaster) Term Right Issued to use appropriated but unused water Types of water rights include Water Use Permits and Certificates of Adjudication. These are perpetual rights and can be amended to change the water right or ask for additional water, see Texas Water Code Section 11.121 and 11.122 respectively; Temporary Water Rights which may be issued for a period of use less than 3 years, see Texas Water Code Section 11.138 (a Temporary Water Use Permit for under 10 acre-feet of water and for a period of use for less than one year may be obtained at the regional office rather than the main office); and Term Permits for a defined period, usually issued for a term of 10 years, see Texas Water Code Section 11.1381.

Most Common Exemptions Texas Water Code Section 11.142 (a) & (b) A person may construct on a person’s own property a dam/reservoir with a normal storage capacity of no more than 200 acre-feet of water for domestic, livestock, or wildlife management purposes. The reservoir is NOT EXEMPT if located on a navigable stream. “Reasonable” diversions for domestic use Domestic and Livestock Exemption. Without obtaining a permit, a person may construct on the person’s own property a dam or reservoir with normal storage of not more than 200 acre-feet of water for domestic and livestock purposes. The dam/reservoir may not be located on a navigable stream. See 30 Texas Administrative Code 297.21(b&c).

Application Process The Application Process is as follows: The Application is assigned to and distributed by the Project Manager. Staff performs initial technical review for hydrology, environmental, legal, dam safety, and conservation requirements. The Applicant may be sent requests for additional information and/or fees. The Application may be declared administratively complete and receives a priority date, or may be returned if additional information isn’t submitted. Technical Review of the application is completed by Tech staff and then the Permit is drafted by the Project Manager If necessary the Permit will go to Notice Application may or may not be protested by other water right holders and domestic and livestock users. If the Application is not protested, the permit is issued. If Application is protested the permit will be placed on a Commission Agenda. Water right may be granted, denied or set for a contested case hearing.

Pre-Application Meeting Not mandatory but highly recommended Speeds up the process and helps make sure your application is administratively complete when it is submitted to TCEQ. Who will attend? Applicant Consultants and attorneys Technical staff (Permitting, Hydrology, Conservation, Environmental, Legal, Dam Safety)

New Water Rights Application The water rights application now consists of two reports and an instruction packet: Instructions for Completing the Water Rights Permitting Application (TCEQ-10214a-inst) Administrative Information Checklist and Administrative Report (TCEQ-10214b) Technical Information Report (TCEQ-10214c) Both forms and the instructions are available on the TCEQ website at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/wr_applications.html The new water rights application was developed, submitted to stakeholders for review, and released to the public in of August 2017. Click on each hyperlink to view pdfs of the application forms.

General Information TCEQ evaluates each water right application to determine if it can be granted. This involves a review to ensure: the application is administratively complete, with all the information we need to evaluate it Title 30, Texas Administrative Code, Chapter 295 technical requirements are met, such as water availability, conservation, and environmental aspects Title 30, Texas Administrative Code, Chapters 288, 297, 298

Project Manager - Application Review The project manager is the applicant’s main point of contact at the TCEQ. Ensures that all application details (amounts, uses, etc.) are consistent Updates/creates Central Registry entries Calculates application and notice fees Determines whether courtesy information should be given (Water Use Fee assessment)

Project Manager - Application Review TCEQ staff reviews: Legal name of the Applicant Signature authority Outstanding fees and penalties TWDB surveys Ownership Deeds for land irrigated and inundated Proper consents or contracts ZIP Codes

Hydrology Review of Water Right Applications Alisa Patterson, P.E. Hydrologist Surface Water Availability Team Good Afternoon. My name is Alisa Patterson, with the Texas Commission on Environmental Quality, and my presentation today will cover the requirements for Hydrology Reviews of Water Right Applications.

Topics Supplemental Worksheets Diversion Dam/Reservoir Maps Alternate Sources of Water

Common Information for All Supplemental Worksheets Locational Information Coordinates in decimal degrees to 6 decimal places Watercourse Information Maps Stream or reservoir

Diversion Point Worksheets Diversion Point Number This is helpful when there are multiple diversion points Diversion Rate Information Number of points and the maximum rate in gallons per minute (gpm) Clarification if the rate will be a maximum combined rate between multiple points The same information applies to discharge points.

Dam/Reservoir Worksheets Reservoir number This is helpful when there are multiple reservoirs Type of reservoir On-channel or off-channel Capacity Acre-feet

Maps Acceptable Maps Information to Add to Maps USGS 7.5 Minute Topographic Aerial Photography Google Earth Others (see Application Instruction Packet: Additional Instructions Relating to Map Requirements) Information to Add to Maps All Diversion points All Discharge points All Reservoirs Note that TCEQ would need upstream and downstream points identified for any diversion reaches requested in an application

Alternate Sources of Water Groundwater Well location (lat/long) and aquifer Groundwater Conservation District permit Evidence that the well can produce the amount needed Surface Water Contract or Lease Agreement

Environmental Review of Water Right Applications Wyatt Eason Aquatic Scientist Resource Protection Team Good Afternoon. My name is Wyatt Eason, with the Texas Commission on Environmental Quality, and my presentation today will cover the requirements for Environmental Reviews of Water Right Applications.

Environmental Flow Standards In 2007, the 80th Legislature passed Senate Bill 3 relating to the development, management, and preservation of the water resources of the state. S.B. 3 changed the process for incorporating environmental protection into water rights permits for new appropriations of water.

TCEQ’s Environmental Flow Rules Information on the adopted environmental flow standards for specific basin and bays can be found in Title 30 Texas Administrative Code (TAC) Chapter 298 Subchapter Basin and Bay System A General Provisions B Trinity and San Jacinto Rivers and Galveston Bay C Sabine and Neches Rivers and Sabine Lake Bay D Colorado and Lavaca Rivers and Matagorda and Lavaca Bays E Guadalupe, San Antonio, Mission, and Aransas Rivers and Mission, Copano, Aransas, and San Antonio Bays F Nueces River and Corpus Christi and Baffin Bays G Brazos River and its associated bay and estuary system H Rio Grande, the Rio Grande estuary, and the Lower Laguna Madre Note, the subchapters listed identify the basins with adopted standards also known as SB3 basins

Applications subject to Environmental Flow Reviews Environmental flow standards apply to an application requesting a new appropriation of water in a basin that has adopted standards (SB3 basins) No technical information is required to be submitted for environmental flow reviews Note, the SB3 basins are listed on the previous slide

Non-SB3 Environmental Reviews Non-SB3 reviews are conducted in accordance with Texas Water Code Sections: 11.042 – Bed and Banks Authorizations 11.147 – Effects on Bays and Estuaries and Instream Uses 11.150 – Effects on Water Quality 11.152 – Effects on Fish and Wildlife Habitat Bed and banks authorizations can include the conveyance of surface and groundwater, as well as indirect reuse of return flows. Beneficial inflows to bays and estuaries include salinity, nutrient and sediment loading regimes. Fish and Wildlife Habitat assessment is for applications requesting storage or diversion in excess of 5,000 acre-feet annually.

Applications subject to Non-SB3 Environmental Reviews Non-SB3 environmental reviews apply to any application (including new appropriations) in non-SB3 basins (Canadian, Red, Sulphur and Cypress Creek Basins) OR Applications requesting a diversion point move in an SB3 basin (excluding the mainstem of the Rio Grande below Lake Amistad) Application Worksheet 5.0 is required to be submitted for these types of applications The mainstem of the Rio Grande below Lake Amistad is excluded because this system is NOT primarily managed through prior appropriation doctrine

Non-SB3 Environmental Reviews - Required Application Information Color photographs of the stream and riparian areas (upstream and downstream) Description of the waterbody, flow characteristics, waterbody aesthetics and known recreational uses Impingement and entrainment For new appropriations of water in a SB3 basin, we apply the environmental flow standards (Chapter 298). For new appropriations of water in the Canadian, Red, Sulphur, and Cypress Creek Basins and in all basins for requests to change a diversion point, applications using an alternate source of water, and bed and banks applications, certain environmental information is required.

Non-SB3 Environmental Reviews - Information for Dams/Reservoirs Description of area to be inundated if a new proposed dam/reservoir Project number and name of USACE project manager if 404 Permit is required Identification of alternate source of water to maintain the reservoir, if applicable

Well depth and name of source aquifer (if groundwater) Non-SB3 Environmental Reviews -Information on Alternate Sources of Water Well depth and name of source aquifer (if groundwater) Water chemistry including: Chlorides Sulfates Total Dissolved Solids (TDS) pH Temperature

Water Conservation Review Jennifer Allis Senior Water Conservation Specialist Resource Protection Team Good Afternoon. My name is Jennifer Allis, with the Resource Protection Team, and my presentation today will cover the requirements for Water Conservation Reviews of Water Right Applications.

Title 30 TAC Chapter 288 Rules and requirements for Water Conservation Plans are governed by Title 30 TAC Sections 288.2, 288.3, 288.4 and 288.5 Rules and requirements for Drought Contingency Plans are governed by Title 30 TAC Sections 288.20, 288.21 and 288.22 I have listed here the rules in the Texas Administrative Code (or TAC) that include the specific requirements for Water Conservation Plans and Drought Contingency Plans, which can be found in Title 30 TAC Chapter 288. The rules and requirements for Water Conservation Plans are governed by Title 30 TAC Sections 288.2, 288.3, 288.4 and 288.5: Section 288.2 – Retail Public water suppliers Section 288.3 - Industrial/Mining uses Section 288.4 – Agricultural uses Section 288.5 – Wholesale Public water suppliers The Rules and requirements for Drought Contingency Plans are governed by Title 30 TAC Sections 288.20, 288.21 and 288.22 Section 288.20 – Municipals uses by Public Water Suppliers Section 288.21 - Irrigation Use Clarify for Irrigation Water Suppliers (Irrigation Districts) Section 288.22 – Wholesale Water Suppliers

Water Conservation Plans (WCP) Water Conservation - everyday practices or techniques intended to reduce water consumption, reduce loss or waste of water, improve the efficiency in the use of water and increase recycling & reuse so that a water supply is available for future use. First, I would like to provide you with the definition of water conservation and drought contingency planning. Water Conservation is defined as: Every day practices or techniques intended to reduce water consumption, reduce loss or waste of water, improve the efficiency in the use of water and increase recycling and reuse so that a water supply is available for future use.

Drought Contingency Plans (DCP) A strategy or combination of strategies for temporary and potentially recurring water supply shortages and other water supply emergencies. Drought Contingency Plan – A strategy or combination of strategies for temporary and potentially recurring water supply shortages and other water supply emergencies.

Drought Contingency vs. Water Conservation Water Conservation = all the time Drought Contingency = when necessary So in simple terms … Water Conservation is implemented all the time Drought Contingency is implemented when necessary

Water Right Applications An application for a new water right and certain applications to amend existing water rights require the submission of a WCP and a DCP. The TCEQ evaluates WCPs in accordance with agency rule requirements in Title 30 TAC Chapter 288 for applications requesting consumptive uses of water including municipal, industrial, mining, and agricultural purposes.  The TCEQ also determines consistency with State and Regional Water Plans for water rights applications. Now I’m going to discuss the Requirements for Water Right Applications, specifically. An application for a new water right and certain applications to amend existing water rights require the submission of a Water Conservation Plan (or WCP) and a Drought Contingency Plan (or DCP). The following applications must be accompanied by water conservation and drought contingency plans: Applications relating to the appropriation or use of state surface water must include water conservation and drought contingency plans for municipal, industrial or mining, agricultural, and wholesale uses. Applications to amend existing water rights: To increase the amount of the appropriation, To extend the term of the appropriation, To change the place of use, or To change the purpose of use of the appropriation Exemptions of the requirement to submit water conservation plans include applications to impound water for in-place use only, such as recreational use; for emergency use; and for temporary use of water.

Municipal WCP Elements Utility Profile Record Management (Retail use only) 5 & 10 year goals for water savings Meter calibration and replacement Water loss accounting Public education program Non-promotional water rates Implementation and Enforcement Coordination with your RWPG The Water Conservation Plan elements are similar for each of the different uses. However, today I’ll be focusing on municipal use (or plans for Retail and Wholesale Public Water Suppliers). The rules and requirements for industrial or mining and agricultural uses can be found on the TCEQ website on the Water Conservation page. Here are the elements for Municipal Water Conservation Plans. (I will discuss each one in greater detail in the following slides.) Utility Profile Record management system Specific 5 & 10 year goals for water savings Meter calibration and replacement Water loss accounting Program for public education Non-promotional water rates Implementation and Enforcement Coordination with your Regional Water Planning Group (RWPG)

Utility Profile Population and customer data Water use data in gallons per capita per day (GPCD) Water supply system data Wastewater system data As I just mentioned, one of the requirements is a utility profile. Utility profiles for retail providers must include, but are not limited to, information regarding population and customer data, water use data including total gallons per capita per day (or GPCD) and residential GPCD, water supply system data, and wastewater system data. Utility profiles for wholesale providers shall include: a description of the wholesaler's service area, including population and customer data, water use data, water supply system data, and wastewater data.

5 & 10 Year Goals for Water Savings A Water Conservation Plan needs to include specific, quantified five-year and ten-year targets for water savings. These savings should be numeric, as a percentage or amount. Municipal Uses by Public Water Suppliers –include goals for water loss programs and goals for municipal use in total gallons per capita per day (GPCD) and residential GPCD. Wholesale Water Suppliers –include target goals for municipal use in GPCD for the wholesaler’s service area, maximum acceptable water loss, and the basis for the development of these goals. More information and guidance can be found in the application instructions packet on TCEQ’s website

NEW Water Conservation Coordinator House Bill 1648 (85R) added provisions under the Texas Water Code (TWC), for the TCEQ to require retail public utilities that provide potable water to 3,300 or more connections to: (1) designate a person as the water conservation coordinator responsible for implementing the water conservation plan; and (2) identify, in writing, the water conservation coordinator to the executive administrator of the Texas Water Development Board. House Bill 1648 (85R) added provisions under the Texas Water Code (TWC), §13.146. Rulemaking is currently underway. TCEQ anticipates a late summer 2018 to Fall completion

DCPs for Water Rights Applications DCPs are required for municipal water rights applications. TCEQ requires retail and wholesale public water suppliers and irrigation districts to develop drought contingency plans. DCPs for Water Right Applications: DCPs are required for water rights applications for municipal use. TCEQ requires retail and wholesale public water suppliers and irrigation districts to develop drought contingency plans consistent with the appropriate approved regional water plan to be implemented during periods of water shortages and drought.

DCP Plan Elements Public Involvement Ongoing Education Notification Procedures Triggering Criteria Response Stages Quantified Targets Management Measures Variances Enforcement & Adoption of the DCP Here are the requirements for municipal DCPs. They include: Public Involvement Ongoing Education Notification Procedures Triggering Criteria Response Stages Quantified targets Management measures Variances Enforcement & Adoption of the DCP

Non-Water Rights Submittals Required for: Non-irrigation (municipal and industrial) water rights holders of 1,000 acre-feet or more and Irrigation water rights holders of 10,000 acre-feet or more WCPs are required to be submitted to TCEQ every 5 years Now, I’d just like to mention requirements that are not associated with water right applications. For non-water right submittals Who is required to have a WCP? Non-irrigation (municipal and industrial) water rights holders of 1,000 acre-feet or more and Irrigation water rights holders of 10,000 acre-feet or more WCPs are required to be submitted to TCEQ every 5 years. The next submittal date is May 1, 2019.

Non-Water Rights Submittals Required for: Retail public water suppliers with 3,300 or more connections, wholesale water suppliers, and irrigation districts are required to submit their DCP to the TCEQ every 5 years. Retail public water suppliers with less than 3,300 connections must prepare and adopt a drought contingency plan and make the plan available for inspection by TCEQ, but they are not required to submit plans to TCEQ. For non-water right submittals Who is required to have a DCP? Retail public water suppliers with 3,300 or more connections, wholesale water suppliers, and irrigation districts are required to submit their DCP to the TCEQ every 5 years. Retail public water suppliers with less than 3,300 connections must prepare and adopt a drought contingency plan and make the plan available for inspection by TCEQ, but they are not required to submit plans to TCEQ.

Reminders DCPs should be revised as often as necessary especially as your triggers change over time. Reminder: The next deadline to submit revised WCPs and DCPs for non-water right submittals TCEQ is May 1, 2019. DCPs should be revised as often as necessary, especially as your triggers may change over time. We had many water systems re-evaluate and revise their triggers during the drought. If you are required to submit: Reminder that the next submittal deadline to submit DCPs, WCPs & implementation reports to the TCEQ will be May 1, 2019.

Water Availability Division Contact Information & Website Water Availability Division Water Rights Permitting & Availability Section 512-239-4691 https://www.tceq.texas.gov/permitting/water_rights/wawr_permits.html Here is the link for the Water Rights Permitting website, and contact information.