1. Overview of Texas Water
Rights – Lower Trinity and San Jacinto Basins
W.H. Espey
February 18, 2010
Southeast Chapter of TAWWA

2. Trinity River Survey Crew,
Corps of Engineers, 1899

4. Introduction
 Surface water in Texas is owned by the state and held in trust
for the citizens of the state and available for use pursuant to
the statutory appropriation process:
 Section 11.021(a) of the Texas Water Code provides: 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.
 It seems that there is plenty of water when you don’t need it,
and never enough when you do.
 And it’s easy to understand what was meant by the old
expression, “Whiskey is for drinking; water is for fighting.”

5. Texas Water Rights - Doctrine
 Riparian Doctrine – provide water rights are tied to
the ownership of land bordering a natural river or
stream.
 Prior Appropriation Doctrine – water rights are
acquired by compliance with statutory requirements.
The Texas Legislature merged the riparian rights system
into the prior appropriation system with the passage
of the Water Rights Adjudication Act (1967).

6. Permission to Use the State’s Water
What Kinds of Water Rights Exist
In Texas, there are a number of forms of
appropriated water rights: “first in time, first in right”
 Perpetual rights, including:
 Certificates of adjudication
 Permits
 Limited-term rights, including:
 Term permits
 Temporary permits

7. Exempt Uses
There are several “exempt uses” in the Texas Water
Code. These exempt uses allow anyone to use surface
water without getting permission:
 Domestic and livestock use
 Wildlife management
 Emergency use
 Other specified uses

8. Water Rights Permitting Process
Suggested Review Notice Basin/
with TCEQ Effected Parties
Technical Review
Water Rights Administration Completed
TCEQ
Permit Application TCEQ
Draft Permit
TCEQ
Protests
Commission
Public
Contested
TCEQ/Applicant/
TCEQ Commission State Office of
Protestors - No Protests
Action Administrative Hearings
Resolution/Negotiations
Unsuccessful Successful
Recommendation
Resolution

9. Regional Water Planning Entities

10. Texas Cities
(Height Represents Population in 2000)

11. Population Estimates from Water for Texas Water
2007 for Region C, Region H, and Texas

12. Comparison of Water Demand Estimates
Draft PPI - Region H – January 2010

13. Major Surface Water Resources

14. Current Surface Water Supply Sources

15. Ownership of Lower Trinity River Basin
Supplies

16. Summary of Fixed Rights Agreements

17. City of Houston
Adjudicated Water Rights
Lake Conroe
Permitted Use Source Quantity Priority Date Reliability (%)
Acre MGD Period Volume
Ft/Yr.
10-4963 Municipal Lake Conroe (2) 44,000 39.3 January 12, 1959 98.25 98.25
Industrial Lake Conroe (2) 19,000 17 January 12, 1959
Mining Lake Conroe (2) 3,667 3.2 January 12, 1959 98.1 98.1
Sub-total 66,667 59.5
(1) Municipal, Industrial and Irrigation (Multiple Use)
(2) Houston’s 2/3 undivided share by use
(3) Run-of-river right included in Certificate of Adjudication No.
08-4261 with Lake Livingston and Wallisville. Purchased 1969.
(4) Will change to multiple use on City of Houston purchase
(municipal, industrial and irrigation)

18. City of Houston
Adjudicated Water Rights
Lake Houston
Permitted Use Source Quantity Priority Date Reliability (%)
Acre MGD Period Volume
Ft/Yr.
10-4965 Multiple Use Lake Houston (1) 112,000 100 May 7, 1940 100 100
Multiple Use Lake Houston (1) 56,000 50 February 26, 1944 100 100
10-5807 Multiple Use Lake Houston 14,100 12.6 December 3, 2008 100 100
185,100 182,100 162.6
(1) Municipal, Industrial and Irrigation (Multiple Use)
(2) Houston’s 2/3 undivided share by use
(3) Run-of-river right included in Certificate of Adjudication No.
08-4261 with Lake Livingston and Wallisville. Purchased 1969.
(4) Will change to multiple use on City of Houston purchase
(municipal, industrial and irrigation)

19. City of Houston
Adjudicated Water Rights
Lake Livingston
Permitted Use Source Quantity Priority Date Reliability (%)
Acre MGD Period Volume
Ft/Yr.
08-4261 Municipal Lake Livingston 444,000 396.4 September 23, 1959 99.12 99.13
Industrial Lake Livingston 458,800 409.6 September 23, 1959 98.83 98.95
Sub-total 902,800 806
(1) Municipal, Industrial and Irrigation (Multiple Use)
(2) Houston’s 2/3 undivided share by use
(3) Run-of-river right included in Certificate of Adjudication No.
08-4261 with Lake Livingston and Wallisville. Purchased 1969.
(4) Will change to multiple use on City of Houston purchase
(municipal, industrial and irrigation)

20. CITY OF HOUSTON
ADJUDICATED WATER RIGHTS
Permitted Use Source Quantity Priority Date Reliability (%)
Acre MGD Period Volume
Ft/Yr.
10-4965 Multiple Use Lake Houston (1) 112,000 100 May 7, 1940 100 100
Lake Houston (1) 56,000 50 February 26, 1944 100 100
Sub-total 168,000 150
10-4963 Municipal Lake Conroe (2) 44,000 39.3 January 12, 1959 98.25 98.25
Industrial Lake Conroe (2) 19,000 17 January 12, 1959
98.1 98.1
Mining Lake Conroe (2) 3,667 3.2 January 12, 1959
Sub-total 66,667 59.5 98
10-5807 Multiple Use Lake Houston 14,100 12.6 December 3, 2008 100 100
10-5808 Multiple Use San Jacinto River 40,000 35.7 September 22, 2009 70
10-5826 Multiple Use Mult. Bayous (5) 160,000 14.3 New Application - -
10-5827 Reuse Buffalo Bayous (5) 594,000 53.0 New Application - -
08-4261 Municipal Lake Livingston 444,000 396.4 September 23, 1959 99.12 99.13
Industrial Lake Livingston 458,800 409.6 September 23, 1959 98.83 98.95
Sub-total 902,800 806
Municipal Wallisville 10,000 8.9 September 23, 1959 98.83 98.8
Industrial Wallisville 28,000 25 September 23, 1959 98.83 98.8
Sub-total 38,000 33.9
Industrial Southern Canal (3) 31,600 28.2 December 30, 1913 97.37 96.99
Irrigation Southern Canal (3) 13,400 12 December 30, 1913 96.49 93.32
Sub-total 45,000 40.2
08-4277 Irrigation Dayton Canal (4) 33,000 29.5 July 2, 1913 98.1 97.41
Irrigation Dayton Canal (4) 5,000 4.5 August 25, 1969 47.66 48.15
Sub-total 38,000 34
TOTALS 1,312,528 1,171.9
Notes:
(1) Municipal, Industrial and Irrigation (Multiple Use)
(2) Houston’s 2/3 undivided share by use
(3) Run-of-river right included in Certificate of Adjudication No. 08-4261 with Lake Livingston
and Wallisville. Purchased 1969.
(4) Will change to multiple use on City of Houston purchase (municipal, industrial and irrigation)
(5) Not included in total

21. San Jacinto River Authority
Adjudicated Water Rights
Lake Conroe
Permitted Use Source Quantity Priority Date Reliability (%)
Acre MGD Period Volume
Ft/Yr.
10-4963 Municipal (2) Lake Conroe 22,000 19.7 January 12, 1959 98.25 98.25
Industrial (2) Lake Conroe 9,500 8.5 January 12, 1959
98.1 98.1
Mining (2) Lake Conroe 1,833 1.6 January 12, 1959
Sub-total 33,333 29.8 98
(1) Municipal, Industrial and Irrigation (Multiple Use). Run-of-River Right
Diverted at Lake Houston to East Canal
(2) SJRA’s 1/3 undivided share by use
(3) Run-Of-River Right Purchased from Devers Canal System
(4) Run-Of-River Right Purchased from Devers Canal System
(5) Run-Of-River Right Purchased from Devers Canal System
(6) Run-Of-River Right Purchased from Chambers-Liberty Counties
Navigation District. Application to Amend Certificate of Adjudication to
Multiple Use and an Exempt Inter-Basin Transfer is Pending.

22. San Jacinto River Authority
Adjudicated Water Rights
Lake Houston
Permitted Use Source Quantity Priority Date Reliability (%)
Acre MGD Period Volume
Ft/Yr.
10-4963 Municipal (2) Lake Conroe 22,000 19.7 January 12, 1959 98.25 98.25
Industrial (2) Lake Conroe 9,500 8.5 January 12, 1959
98.1 98.1
Mining (2) Lake Conroe 1,833 1.6 January 12, 1959
Sub-total 33,333 29.8 98
(1) Municipal, Industrial and Irrigation (Multiple Use). Run-of-River Right
Diverted at Lake Houston to East Canal
(2) SJRA’s 1/3 undivided share by use
(3) Run-Of-River Right Purchased from Devers Canal System
(4) Run-Of-River Right Purchased from Devers Canal System
(5) Run-Of-River Right Purchased from Devers Canal System
(6) Run-Of-River Right Purchased from Chambers-Liberty Counties
Navigation District. Application to Amend Certificate of Adjudication to
Multiple Use and an Exempt Inter-Basin Transfer is Pending.

23. SAN JACINTO RIVER AUTHORITY
ADJUDICATED WATER RIGHTS
Permitted Use Source Quantity Priority Date Reliability (%)
Acre MGD Period Volume
Ft/Yr.
10-4964 Multiple Use (1) San Jacinto River 55,000 49.1 July 25, 1942 81.29/73.98 81.89/78.84
10-4963 Municipal (2) Lake Conroe 22,000 19.7 January 12, 1959 98.25 98.25
Industrial (2) Lake Conroe 9,500 8.5 January 12, 1959
98.1 98.1
Mining (2) Lake Conroe 1,833 1.6 January 12, 1959
Sub-total 33,333 29.8 98
10-5807 Multiple Use Lake Houston 14,100 12.6 December 3, 2008 100 100
10-5808 Multiple Use San Jacinto River 40,000 35.7 September 22, 2009 70
10-5809 Reuse San Jacinto River 15,000 13.4
08-5271B Multiple Use (3) Trinity River 7,500 6.7 February 26, 1917 95 93.05
Multiple Use (3) Trinity River 20,000 17.9 September 8, 1926 94 91.71
Multiple Use (3) Trinity River 17,500 15.6 December 12, 1929 93 90.73
Municipal, Mining Trinity River 7,000 6.2 September 24, 1936
& Industrial (4)
93 90.53
Municipal & Trinity River 4,000 3.6 September 24, 1936
Industrial (5)
Devers Sub-total 56,000 50
08-4279A Irrigation (6) Trinity River 30,000 26.8 June 26, 1914 81 83.02
TOTALS 243,433 217
Notes:
(1) Municipal, Industrial and Irrigation (Multiple Use). Run-of-River Right Diverted at Lake Houston to East Canal
(2) SJRA’s 1/3 undivided share by use
(3) Run-Of-River Right Purchased from Devers Canal System
(4) Run-Of-River Right Purchased from Devers Canal System
(5) Run-Of-River Right Purchased from Devers Canal System
(6) Run-Of-River Right Purchased from Chambers-Liberty Counties Navigation District. Application to
Amend Certificate of Adjudication to Multiple Use and an Exempt Inter-Basin Transfer is Pending.

24. Environmental Flows

25. Omnibus Water Bills
 Senate Bill 1 - 1997
 Established stakeholder driven approach to planning for water
resources
 Senate Bill 2 - 2001
 Established Texas Instream Flow Program in recognition of the lack of
available data for the determination of how much water is necessary for
environment purposes
 Senate Bill 3 - 2007
 Established basin-by-basin process for developing recommendations to
meet instream and freshwater inflow needs

26. Background
 TCEQ required by the Texas Water Code (TWC) to
consider and provide for:
 Balance biological soundness of state’s rivers, lakes, bays, and estuaries
with public’s economic health and general well-being
 Freshwater inflows necessary to maintain the viability of Texas’ bay and
estuary systems
 Historically Accomplished through:
 Site Specific Studies
 Special conditions applied to water right that consider environmental
flows

28. BBEST Legislative Mandate
 “(m) Each basin and bay expert science team shall develop environmental flow analyses
and a recommended environmental flow regime for the river basin and bay system for
which the team is established through a collaborative process designed to achieve a
consensus. In developing the analyses and recommendations, the science team must
consider all reasonably available science, without regard to the need for the water for
other uses, and the science team's recommendations must be based solely on the best
science available.”
 “(15) ‘Environmental flow analysis’ means the application of a scientifically derived
process for predicting the response of an ecosystem to changes in instream flows or
freshwater inflows.”
 (16) "Environmental flow regime" means a schedule of flow quantities that reflects
seasonal and yearly fluctuations that typically would vary geographically, by specific
location in a watershed, and that are shown to be adequate to support a sound
ecological environment and to maintain the productivity, extent, and persistence of key
aquatic habitats in and along the affected water bodies.”

29.  SB 3 recognizes there is a degree of uncertainty in the
environmental flow regime that will be described and
environmental flow standards that will be created. The
legislation addresses that uncertainty by containing provisions
for a continuing adaptive management process, a key
component of SB 3, that can be applied to refine initially
identified flow regimes as information (science) that confirms
ecological – flow relationships required to support a sound
ecological condition becomes available.

30. Development of
Environmental Flow Standards
 The SB3 process requires TCEQ to consider
recommendations from:
 BBEST
 Stakeholder Group
 TCEQ will go through rulemaking process to
develop environmental flow standards, to be
utilized in decision-making process for
 New water right applications
 Amendments to existing applications

31. Senate Bill 3 Architecture
Environmental Flows
Advisory Group
TCEQ, TWDB, TPWD
Staff Support
Basin and Bay Basin/Bay Expert
Texas Science Advisory
Stakeholder Science Team
Committee
Committee
Environmental Flow Regime
Recommendation
TCEQ Rulemaking
Adaptive TCEQ Adopts Environmental
Management Flow Regime

32. Trinity-San Jacinto BBEST Process
Basin/Bay Expert Science
Team
Public SAC Guidance,
Liason
TCEQ, TWDB,
TPWD Technical
Assistance Texas Science
Advisory
Committee
Environmental Flow
Recommendation
Environmental Flows Stakeholder
TCEQ
Advisory Group Committee

34. Trinity and San Jacinto Rivers and Galveston Bay
Basin and Bay Expert Science Team (BBEST)
Name Affiliation
William H. Espey Jr., Ph.D., P.E., D. WRE -
Chairman Espey Consultants, Inc.
L. James Lester, Ph.D. - Vice Chair Houston Advanced Research Center
Richard Browning, Ph.D. Trinity River Authority
David Buzan PBS&J
Woody Frossard Tarrant Regional Water District
Environmental Institute of Houston,
George Guillen, Ph.D. University of Houston Clear Lake
Robert McFarlane, Ph.D. McFarlane & Associates
Alan Plummer, P.E. Alan Plummer Associates, Inc.
Antoniettea Quigg, Ph.D. Texas A&M University of Galveston
Sammy Ray, Ph.D. Texas A&M University of Galveston
Mike Reedy, P.E. Freese & Nichols, Inc.
Tony L. Smith, P.E. Espey Consultants, Inc.
Joe Trungale, P.E. Trungale Engineering & Science
Mike Turco USGS
Woody Woodrow USFWS Coastal Program

35. General Water Availability

36. Historical Water Quality of the
Trinity River
16
14
12
10
mg/L
8
6
4 DO Grab
DO Saturation
2
0
1970 1975 1980 1985 1990 1995 2000 2005

37. Trinity-San Jacinto BBEST
 Trinity-San Jacinto BBEST has gone through a
12-month effort.
 Recommendations submitted as a final report
Dec. 1, 2009.

38. Trinity River Watershed
 Watershed covers ~18,000 sq. mi. and extends over 350 mi.
inland from the Gulf.
 Rainfall ranges from 55 in. near the coast to approximately 25
in. in the headwaters.
 Contains the entire Dallas-Fort Worth metropolitan area of
over 6,000,000 people.
 Groundwater is generally limited in the basin.
 For over 100 yrs. Surface water impoundments have been built
to supply water for human use.
 31 impoundments of over 5,000 ac-ft. with a total water supply
storage capacity of over 7,000,000 ac-ft.

39. Trinity River Watershed (cont’d)
 Wastewater treatment in the DFW area is regionalized mostly
into large wastewater treatment plants.
 Wastewater treatment over the last 40 years has improved
greatly to the extent that it is itself a valuable source of water
supply.
 Trinity River water quality has improved dramatically with the
improvement in treatment.

40. Trinity River Watershed (cont’d)
 Low flows of the river have been increasing with the volume
of treated wastewater for a hundred years.
 These return flows have been permitted over the last 60 years
for water supply.
 Houston area and lower Trinity basin via Lake Livingston
 Reuse in the DFW area.

41. Historical Minimum 7-day Flows

42. Preliminary
Locations
Analyzed

43. Instream Flow Recommendation-1
Trinity at Oakwood
Historic Qp: 24,600 cfs
Historic Duration is 18 to 61 (Average: 33)
Overbank
DEFINITION: Overbank flows are naturally driven, infrequent, high magnitude flow events
Flows that produce water levels that exceed channel banks and result in water entering the
floodplain. BBEST does not recommend action be taken to produce such flows
DEFINITION: High flow pulses are short duration, high magnitude (but still within channel)
flow events that occur during or immediately following rainfall events.
PURPOSE: The BBEST recognizes that high flow pulses provide an important ecological
High Flow function to riverine habitat. Lacking specific ecological data, conditional flow
Pulses magnitudes identified are an arbitrary representation of high flow pulses, and not a
representation of the flow necessary to support a sound ecological environment until such
supporting specific ecological data are developed.
265 at 322 at 186 at 162 at
(91% over 41 yrs) (95% over 41 yrs) (85% over 41 yrs) (82% over 41 yrs)
Base Flows
DEFINITION: Base flows represent the range of "average" or "normal" flow conditions in the
(cfs)
absence of significant precipitation or runoff events.
PURPOSE: Maintain typical occurrence and persistence of consecutive base flow days
98 at 80 at 75 at 85 at
(100% over 41 yrs) (100% over 41 yrs) (97% over 41 yrs) (96% over 41 yrs)
Subsistence
Flows (cfs) DEFINITION: An atypical, short-duration (days to weeks) low flow event
PURPOSE: Maintain historical occurrence and persistence, prevent development of poor water
quality conditions
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
Winter Spring Summer Fall

44. Instream Flow Recommendation-2
Trinity at Oakwood
Q: 24,600 cfs with Frequency 1 per 2 years
Overbank
Volume is 626,471
Flows
Duration is 26
Q: 15,000 cfs with Frequency 2 per year
Volume is 326,119
Duration is 18
Q: 3,050 cfs with
Q: 11,200 cfs with Q: 15,700 cfs with Frequency 1 per Q: 2,930 cfs with Frequency
Frequency 1 per
High Flow Frequency 1 per season season 1 per season
season
Pulses Volume is 257,289 Volume is 362,910 Volume is 26,246
Volume is 39,239
Duration is 14 Duration is 19 Duration is 5
Duration is 5
Q: 3,200 cfs with Frequency Q: 7,840 cfs with Frequency 2 per Q: 1,180 cfs with Frequency
2 per season season 2 per season
Volume is 18,931 Volume is 141,705 Volume is 4,866
Duration is 5 Duration is 11 Duration is 2
1110 1398 682 819
Base Flows (cfs) 623 820 411 439
340 458 257 265
Subsistence
196 280 70 101
Flows (cfs)
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
Winter Spring Summer Fall
Wet F = Frequency (per season)
Hydrologic Average High Flow Pulse D = Duration (days)
Conditions Dry Characteristics Q = Peak Flows (cfs)
Subsistence V = Volume (ac‐ft)

45. Instream Flow Recommendation-2 (cont’d)
Trinity at Oakwood
 Base flow, Winter, Subsistence Condition: 196 cfs with attainment frequency of 95% of the time
 Base flow, Winter, Dry Condition: 340 cfs with attainment frequency of 85% of the time
 Base flow, Winter, Average Condition: 623 cfs with attainment frequency of 72% of the time
 Base flow, Winter, Wet Condition: 1,110 cfs with attainment frequency of 58% of the time
 Base flow, Spring, Subsistence Condition: 280 cfs with attainment frequency of 95% of the time
 Base flow, Spring, Dry Condition: 458 cfs with attainment frequency of 89% of the time
 Base flow, Spring, Average Condition: 820 cfs with attainment frequency of 79% of the time
 Base flow, Spring, Wet Condition: 1,398 cfs with attainment frequency of 66% of the time
 Base flow, Summer, Subsistence Condition: 70 cfs with attainment frequency of 95% of the time
 Base flow, Summer, Dry Condition: 257 cfs with attainment frequency of 69% of the time
 Base flow, Summer, Average Condition: 411 cfs with attainment frequency of 53% of the time
 Base flow, Summer, Wet Condition: 682 cfs with attainment frequency of 36% of the time
 Base flow, Fall, Subsistence Condition: 101 cfs with attainment frequency of 95% of the time
 Base flow, Fall, Dry Condition: 265 cfs with attainment frequency of 73% of the time
 Base flow, Fall, Average Condition: 439 cfs with attainment frequency of 57% of the time
 Base flow, Fall, Wet Condition: 819 cfs with attainment frequency of 41% of the time

46. Freshwater Inflows
 Through guidance from the state Science Advisory Committee (SAC),
focused upon salinity within the estuary as a “quintessential estuary
parameter”
Inflow Salinity Biology
 Consensus on Salinity Zonation Approach within Galveston Bay
 Organized subcommittee to develop and refine salinity-zonation approach
on Galveston Bay
 Invited experts on estuarine ecology from multiple agencies and Texas
universities
 Did not reach consensus upon application of approach for freshwater inflow
recommendation

47. Species Area Maps

48. Proposed Environmental Flow Regimen
- Galveston Bay
Trinity
Season Spring Summer Fall Winter
Flow 742000 205000 141000 253000
Periodicity within season 1 of 3 mo. 2 of 3 mo. 2 of 3 mo. 1 of 3 mo.
Periodicity among seasons 1 in 2 yrs. 1 in 2 yrs. 1 in 3 yrs. 1 in 2 yrs.
San Jacinto
Season Spring Summer Fall Winter
Flow 302000 257000 250000 131000
Periodicity within season 1 of 3 mo. 2 of 3 mo. 1 of 3 mo. 1 of 3 mo.
Periodicity among seasons 1 in 2 yrs. 1 in 5 yrs. 1 in 2 yrs. 1 in 2 yrs.
Coastal Streams
Season Spring Summer Fall Winter
Flow 455000 196000 244000 84000
Periodicity within season 1 of 3 mo. 2 of 3 mo. 1 of 3 mo. 1 of 3 mo.
Periodicity among seasons 1 in 2 yrs. 1 in 4 yrs. 1 in 4 yrs. 1 in 2 yrs.
Plus Decadal Flood

49. Adaptive Management
 SB3 recognizes:
 Individual river basins and estuarine areas have unique characteristics
 Limited flow and ecological/biology relationship information available for
specific water bodies for which flow regimes are to be established
 Comprehensive searches were performed for the Trinity and San Jacinto
River basins
 Concluded there is limited information and data available to define flow and
ecological/biology relationships for the basins
 SB2 investigations are in the process of identifying information necessary to
assess flow and ecological/biology relationships
 BBEST, having gone through its process, identified what specific Trinity
and San Jacinto River basin information needs to be developed through an
adaptive management process

50. Thank You