HomeMy WebLinkAbout024390 RES - 03/13/2001RESOLUTION
SUPPORTING "A PROPOSAL FOR IMPLEMENTING THE RINCON
BAYOU DIVERSIONS AND AMENDING THE 1995 AGREED ORDER
ON FRESHWATER INFLOWS TO THE NUECES ESTUARY;"
REQUESTING THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION TO APROVE NECESSARY AMENDMENTS TO THE
1995 AGREED ORDER; AND EXPRESSING APPRECIATION FOR
EFFORTS OF THE NUECES ESTUARY ADVISORY COUNCIL
WHEREAS, on April 28, 1995, the Texas Natural Resource Conservation Commission
issued an Agreed Order (the "Agreed Order") amending the operational procedures and
continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication
No. 21-3214; and
WHEREAS, from 1995 to ! 999 the United States Bureau of Reclamation operated the
Rincon Bayou Demonstration Project to evaluate the feasibility of increasing water exchange
between the Nueces River tidal segment and the Upper Rincon Bayou, and the Bureau's
Concluding Report documented positive effects on the Rincon Bayou and Upper Nueces River
Delta; and
WHEREAS, the Rincon Bayou Demonstration Project and evidence from other studies
over the years suggested an opportunity to: (1) better manage the limited resources of the Nueces
River Basin for the benefit of the Nueces Estuary, and (2) at the same time supplement municipal
and industrial water supplies for the Corpus Christi area by increasing the annual firm yield of
the Lake Corpus Christi/Choke Canyon Reservoir System; and
WHEREAS, on January 17, 2001, the City of Corpus Christi and the Nueces River
Authority presented a proposal to the Nueces Estuary Advisory Council to accomplish said
purposes of benefitting the estuary and increasing water supplies; and
WHEREAS, the Nueces Estuary Advisory Council appointed a Working Group to
oversee development of a detailed implementation plan for the proposal, including
representatives of the City of Corpus Christi, the Nueces River Authority, the Coastal Bend Bays
and Estuaries Program; the Coastal Bend Bays Foundation, the Sierra Club, the Center for
Coastal Studies of Texas A&M University - Corpus Christi, Environmental Defense, the Port
Industries of Corpus Christi, and the Texas Parks and Wildlife Department; and
WHEREAS, after several meetings and much deliberation, the Working Group reached
consensus on an implementation plan (the "Implementation Plan") to be accomplished through
amendment to the Agreed Order; and
WHEREAS, on March 6,2001, the full Nueces Estuary Advisory Council considered the
ljrb4501009.wpd
024390
Implementation Plan developed by the Working Group and reached consensus in favor of said
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City of Corpus Christi supports "A Proposal for Implementing the
Rincon Bayou Diversions and Amending the 1995 Agreed Order on Freshwater Inflows to the
Nueces Estuary," a true copy of which is attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2. The City of Corpus Christi requests the Texas Natural Resource
Conservation Commission to approve, in all material aspects, the Amended Agreed Order,
attached hereto as Exhibit B and incorporated herein by reference.
SECTION 3. The City of Corpus Christi recognizes and appreciates the cooperative and
constructive efforts of the members of the Nueces Estuary Advisory Council in reaching
consensus on the Implementation Plan.
ljrb4501009.wpd
ATTEST:
Arrnand~
CITY OF CORPUS CHRISTI
Samuel L. ~
Legal Form Approved March 9, 2001
James R. Bray, Jr.
City Attorney
By:
City Attorney James R. Bray, Jr. explained that this Resolution basically gives the TNRCC our
support to make these amendments to the Agreed Order. This is an official way to encourage
this action and express appreciation for the efforts of the NEAC.
Corpus Christi, Texas
};'3 dayof '~,/~-/'~ ,2001
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
!)24390
A PROPOSAL FOR IMPLEMENTING THE
"RINCON BAYOU DIVERSIONS"
AND
AMENDING THE 1995 AGREED ORDER ON
FRESHWATER INFLOWS TO THE NUECES ESTUARY
Submitted to the
Texas Natural Resource Conservation Commission
By:
The City of Corpus Christi and the Nueces River Authority
With the Consensus of the
Nueces Estuary Advisory Council
SUMMARY
The City of Corpus Christi (City) and the Nueces River Authority (NRA) propose to
implement the "Rincon Bayou Diversions" to enhance the exchange of water from the
Nueces River into the Upper Rincon Bayou in order to improve the ecological productivity
of the Nueces Delta/Nueces Estuary system. In consideration for committing to the
attached "Implementation Plan and Timetable" for constructing, operating and maintaining
these diversion facilities as permanent projects, the City and NRA also propose to amend
the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary (1995 Agreed Order)
to immediately modify the level of drought management measures required to be
implemented in order to obtain the reductions in monthly inflow targets now available under
the 1995 Agreed Order when reservoir storage levels fall below 40 percent of reservoir
system capacity.
PROCESS FOR IMPLEMENTING THE RINCON BAYOU DIVERSIONS AND AMENDING
THE 1995 AGREED ORDER
The Texas Natural Resouce Conservation Commission (TNRCC) is the state agency that
regulates water rights in Texas, and therefore administers provisions of Certificate of
Adjudication No. 21-3214 (Certificate), jointly held by the City and NRA, which authorizes
the impoundment and diversion of waters of the state from the Frio River at Choke Canyon
Reservoir. Beginning in 1990, TNRCC and its predecessor agencies have issued a series
of orders governing the operations of the Choke Canyon/Lake Corpus Christi Reservoir
System (Reservoir System) with respect to freshwater inflows to the Nueces Estuary as
required under Special Condition 5.B. of the Certificate.
In 1992, TNRCC, by effect of the "Interim Agreed Order" on freshwater inflows to the
Nueces Estuary, established the Nueces Estuary Advisory Council (NEAC) as the
designated body of stakeholders charged with reviewing proposed changes to the
freshwater inflow operating plan for the Nueces Estuary. Later amendments to the 1992
Agreed Order (the "1995 Agreed Order") continued to authorize NEAC to review any
proposed changes to the new "pass-through" operating plan for freshwater inflows.
At a NEAC meeting on January 17, 2001, the City and NRA presented an initial proposal
for the Rincon Bayou Diversion improvements and associated amendments to the 1995
Agreed Order. NEAC members agreed to establish a working group, or steering
committee, of principal stakeholders to oversee the development of a detailed
implementation plan for this proposed project. This working group, facilitated by the
TNRCC, includes representatives of the following entities and organizations: the Cityi;
NRA; Coastal Bend Bays and Estuaries Program; Coastal Bend Bays Foundation; Sierra
Club; Center for Coastal Studies, Texas A&M University - Corpus Christi; Environmental
Defense; Port Industries of Corpus Christi; and Texas Parks and Wildlife Department.
The working group met several times over the past month to consider the City/NRA
proposal for the Rincon Bayou Diversions and amendments to the 1995 Agreed Order.
After considerable deliberation, the group reached consensus on an implementation plan
for the Rincon Diversions and the proposed amendment to the 1995 Agreed Order. The
following proposal and work plan was developed with the consensus of the working group.
It defines the measures of relief from the pass-through requirements that would be
available and how this relief would be contingent upon implementation of certain discrete
elements of the City of Corpus Christi's Water Conservation and Drought Management
Plan and timely implementation of specific elements of the Rincon Bayou Diversion project.
This proposal was presented to NEAC for consideration and approval on March 6, 2001.
Based on there being consensus among members of NEAC regarding the proposal, the
City, NRA and Three Rivers will file a motion to amend the 1995 Agreed Order, seeking
to have the motion scheduled for consideration by the TNRCC on April 4, 2001.
BACKGROUND
Certificate of Adjudication No. 21-3214 authorizes the City and NRA to impound waters of
the Frio River in Choke Canyon Reservoir, and to divert and use up to 139,000 acre-feet
per year of water for municipal and industrial water supply purposes. Choke Canyon
Reservoir is also authorized to be operated in conjunction with Lake Corpus Christi, located
downstream on the Nueces River, to produce a combined system yield of 252,000 acre-
feet per year.
During permitting, the construction of Choke Canyon Reservoir and its operation in
conjunction with Lake Corpus Christi, there were concerns regarding the protection of
freshwater inflows to the Nueces Estuary, including reductions in the amount of freshwater
flooding occurring in the upper Nueces Delta. A provision for minimum freshwater inflow
amounts to the Nueces Estuary was addressed in Special Condition 5.B. of Certificate of
Adjudication No. 21-3214. This provision was implemented by a series of freshwater inflow
operating orders issued by the TNRCC beginning in 1990. The matter of delivering
desirable and useful quantities of freshwater inflows into the Nueces Delta continues to be
studied.
Numerous studies (Bureau of Reclamation 1975, U.S. Fish and Wildlife Service 1980,
Texas Department of Water Resources 1981, Espey, Huston and Associates 1981, U.S.
Fish and Wildlife Service 1984, HDR, et al. 1991, HDR et al. 1993) have suggested that
a superior alternative to sending freshwater inflows to Nueces Bay is to deliver additional
quantities of freshwater into the Nueces Delta either by breaching the banks of the Nueces
River at some point(s) below the Calallen Saltwater Barrier Dam and/or by diverting treated
wastewater effluent via pipelines. The potential benefits of freshwater diversions to the
Nueces Delta are:
Restoration of more "natural" salinity gradients in the upper Nueces Delta, where,
historically, periodic flooding events had flushed out salts concentrated in the soils
and the water column during Iow flow conditions;
Restoration of typical delta/estuarine ecological functions, which had been lost
largely to the hypersaline conditions and lack of nutrient inputs, both of which limit
primary productivity and cause loss of habitat; and
Restoration of hydrologic functions which transport nutrients and detritus into and
out of the wetlands within the delta complex, making these materials available to
various trophic levels within both the delta and the larger estuarine ecosystem.
By the early 1990's, efforts to test the feasibility of these diversion projects were
implemented. Eventually, two separate diversion demonstration projects evolved:
The City authorized and implemented the Allison Wastewater Diversion
Demonstration Project, which re-routes approximately two million gallons per day
(2 MGD) of treated effluent from its historical discharge location in the Nueces River
tidal segment to a new discharge point adjacent to "South Lake," a tidal pond in the
Nueces Delta. Construction on the project was completed in 1997 and treated
wastewater discharges were initiated in 1998. Project monitoring began prior to
construction and has continued through the first two years of operation. Initial data
indicate positive benefits and the City continues to operate and support the project.
The U.S. Bureau of Reclamation (BuRec) authorized and constructed the Rincon
Bayou Demonstration Project, designed to evaluate the feasibility of increasing
water exchange between the Nueces River tidal segment and the Upper Rincon
Bayou. This demonstration project involved excavating both a "Nueces Overflow
Channel" at a point just downstream of the 1-37 bridge, where the upper Rincon
Bayou had historically connected to the Nueces River, and a "Rincon Overflow
Channel" connecting the upper Rincon Bayou with an area of tidal fiats in the
northern portion of the Nueces Delta. Baseline monitoring for the project began in
October 1994. Excavation of the overflow channels was completed in October
1995. Monitoring continued through December 1999, and the demonstration project
terminated with the backfilling of the Nueces Overt]ow Channel in September 2000.
The Concluding Report for the Rincon Bayou Demonstration Project documents the effects
of the project on the hydrography and ecology of Rincon Bayou and the upper Nueces
Delta. In terms of hydrography (or hydrology), the breaching of the river bank at the upper
end of the Rincon Bayou increased "the opportunity for larger, more frequent diversions
of fresh water" (BuRec 2000). The report noted that there were three types of resulting
diversion events: positive flow events -- infrequent, large volume flows from the Nueces
River into Rincen Bayou; tidal fiat inundation events -- very large positive flow events
resulting in flow through the Rincon Overflow Channel and general inundation of the tidal
fiats areas of the upper delta; and exchange events -- more frequent, smaller flows that
resulted from daily differences in water level elevations between Rincon Bayou and
Nueces Bay or Nueces River. In the relatively short duration of the demonstration project,
these diversion events helped to restore a more natural salinity regime in the Rincon Bayou
portion of the Nueces Delta.
As a result of the various diversion events, "(A) significant degree of ecological function
was returned to the Nueces Delta and Nueces Estuary ecosystems" (BuRec 2000). The
Concluding Report documents positive responses in terms of:
an increase in the primary productivity in the water column (phytoplankton)
and on the surface of the sediments (microphytobenthos);
an increase in the number and size of benthic organisms, as well as an
increase in the number of benthic species; and
an increase in the amount of plant cover and a corresponding decrease in
the amount of bare areas in the emergent wetlands areas.
The report recommends that the demonstration project features be incorporated into a
permanent diversion project and that changes in the current operating plan for freshwater
inflows to the Nueces Estuary (1995 Agreed Order) be designed to better facilitate the
diversion of freshwater "pass-throughs" from the Choke Canyon/Lake Corpus Christi
reservoir system through the project and into the upper Nueces Delta. With permanent
diversion facilities in place, and continued monitoring, the Rincon Bayou Diversion Project
could provide opportunities for "adaptive management" -- the process of monitoring and
evaluating ecological responses to changes in freshwater inflows and incorporating this
information into subsequent decisions on how to most effectively utilize the limited
freshwater resources available to the estuarine environment.
PROPOSAL TO IMPLEMENT THE "RINCON BAYOU DIVERSION PROJECTS" AND TO
AMEND THE 1995 AGREED ORDER
The water resource management goals of this proposal are to (1) provide better
management of the limited freshwater resources of the Nueces River Basin for the benefit
of the Nueces Estuary and (2) to supplement municipal and industrial water supplies for
the Coastal Bend area by increasing the firm annual yield of the reservoir system. The
specific environmental management goals of the proposed projects are to enhance the
salinity conditions and ecological functions of the Nueces Delta by providing increased
freshwater inflows to the upper Nueces Delta, through both the Rincon Bayou Overflow
Channel and a conveyance system to deliver water from the Calallen Pool directly into
Upper Rincon Bayou.
By this proposal, the City and NRA, joint holders of Certificate of Adjudication No. 21-3214
and parties to the 1995 Agreed Order, agree to:
(2)
(3)
acquire either easements or ownership of properties necessary to re-open the
Nueces River Overflow Channel and make the Nueces River Overflow Channel and
the Rincon Bayou Overflow Channel permanent features of the Rincon Bayou
Diversion;
construct and operate a conveyance facility to deliver up to 3,000 acre-feet per
month of required Reservoir System "pass-throughs" directly from the Calallen Pool
into the Upper Rincon Bayou; and
implement an ongoing monitoring and assessment program designed to develop
information on how the diversion of freshwater into the Upper Rincon Bayou affects
the ecological function of various trephic levels within the Rincon Bayou/Nueces
Delta system, as well as the Nueces River Tidal Segment. The monitoring data will
be assessed and reported on an annual basis, with the annual monitoring cycle
beginning on September 1 of each year and ending on August 31 of the following
year, with the annual report due within 6 months, or by the end of February following
the monitoring year end. Such monitoring data should, when integrated with other
information (such as fisheries data) collected by various entities, help to facilitate an
ongoing "adaptive management" program for freshwater inflows into the Nueces
Estuary.
In anticipation of the environmental enhancements to the Nueces Estuary that may accrue
from these projects being proposed by the City and NRA, the NEAC agrees to support
amendments to the 1995 Agreed Order that would increase the reservoir system yield and
provide greater flexibility in the implementation of the City of Corpus Christi's Drought
Management Plan. The proposed amendments to the 1995 Agreed Order would provide
that:
(1)
When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir
system (Reservoir System Storage) falls below 50% of the total system storage
capacity, the City of Corpus Christi shall issue public notice advising and informing
the water users in the region of potential drought conditions, as well as outlining
voluntary conservation measures that are requested immediately and required
drought management measures to be taken should the Reservoir System Storage
fall to under 40 percent and/or 30 percent of total system storage capacity. To the
extent of its legal authority, the City of Corpus Christi shall require its wholesale
customers to issue public notice advising and informing the water users in the
region of potential drought conditions, as well as outlining voluntary conservation
measures that are requested immediately and required drought management
measures to be taken should the Reservoir System Storage fall to under 40 percent
and/or 30 percent of total system storage capacity. (When the combined reservoir
system storage falls to 50% of total storage capacity, the City will immediately
provide notification to the public by placing advertising in the Corpus Christi Cai/er-
Times; in addition, the informational content of the City's ongoing public
information/education programs on water conservation -- conducted via both print
and electronic media -- will be revised to emphasize additional water demand
reduction measures that can be implemented to protect both the water supplies in
the Choke Canyon/Lake Corpus Christi Reservoir System and freshwater inflows
to the Nueces Estuary. Advertising and information will be designed to encourage
voluntary reductions in both indoor and outdoor water use and will include
information educating the public about the importance of the Nueces Estuary to the
regional economy, environment and quality of life.
(2)
In any month when Reservoir System Storage is less than 40 percent, but equal to
or greater than 30 percent of total system storage capacity, the City of Corpus
Christi shall implement time of day outdoor watering restrictions and shall reduce
targeted inflows to Nueces Bay to 1,200 acre-feet per month (1,200 acre-feet per
month represents the quantity of water that is the median inflow into Lake Corpus
Christi during the drought of record.). Time of day outdoor watering restrictions
prohibit lawn watering between the hours of 10 am and 6 pm and are subject to
additional conditions as described in the City of Corpus Christi's "Water
Conservation and Drought Contingency Plan" ("Plan"). To the extent of its legal
authority, the City of Corpus Christi shall require its wholesale customers to
implement time of day outdoor watering restrictions similar to those of the City.
(3)
In any month when Reservoir System Storage is less than 30 percent of total
system storage capacity, the City of Corpus Christi shall implement a five-day lawn
watering schedule in addition to time of day outdoor watering restrictions (see
2.b.(2)) and shall suspend the passage of inflow from the Reservoir System for
targeted inflows to Nueces Bay. However, return flows directed into Nueces Bay
and/or the Nueces Delta shall continue. The five-day lawn watering schedule shall
allow customers to water lawns once every five days, subject to the time of day
restrictions described in 2.b.(2) and any additional conditions as described in the
City's Plan.
(4)
Certificate Holders' rights to obtain whole or partial suspension of the passage of
inflow through the Reservoir System is contingent upon the City implementing, and
requiring its wholesale customers to implement, water conservation and drought
management measures at the diminished Reservoir System levels, as set forth in
subparagraphs 2.b.(2) and 2.b.(3), and enforcement of such requirements using the
authority provided in City ordinances and codes to levy fines and penalties for
violations of these particular provisions of the City's Water Conservation and
Drought Management Plan and various wholesale water contracts.
Recognizing that the restoration of the Nueces River Overflow Channel and the
construction of a system to convey water from the Calallen Pool to the Upper Rincon
Bayou area are significant undertakings, the NEAC Working Group has developed an
Implementation Plan and Timetable (see Attachment A) for the Rincon Bayou Diversions.
Initial elements of this plan are already underway, including the preliminary engineering
and property acquisition efforts.
However, while proceeding at an accelerated pace, full completion of these two
components of the Rincon Bayou Diversions involves a number of steps that will likely
depend on decisions and actions by other entities besides the project sponsors -- i.e.,
issuance of permits for diversion of state water (TNRCC) and for construction in navigable
waters (U.S. Army Corps of Engineers). The NEAC Working Group agrees, and requests
that the full membership of NEAC recommend to TNRCC, that the proposed amendments
to the 1995 Agreed Order be effective immediately upon approval by TNRCC and continue
to be available to the City so long as the progress on the implementation of the required
projects follows as outlined in the timetable below.
If in the event that the City fails to meet the final deadlines in this timetable, the NEAC
Working Group would review the options for completing the projects and recommend
additional amendments to the Agreed Order to address the situation at that time. During
the intervening time, however, the freshwater inflow operating rules would revert to the
conditions of the 1995 Agreed Order.
LITERATURE CITED
Bureau of Reclamation, "Environmental Impact Statement for Choke Canyon Reservoir,"
December 1975.
Bureau of Reclamation, "Concluding Report: Rincon Bayou Demonstration Project.
Volume I: Executive Summary," United States Department of the Interior, Bureau of
Reclamation, Oklahoma-Texas Area Office, Austin, Texas. 2000.
Espey, Huston and Associates, "Enhancement Potential Determination for the Nueces
River/Deltaic Marsh System Study," 1981.
HDR, et al., "Nueces Estuary Regional Wastewater Planning Study, Phase 1," City of
Corpus Christi, et al., November 1991.
HDR, et al., "Nueces Estuary Regional Wastewater Planning Study, Phase 2," City of
Corpus Christi, et al., March 1993.
Texas Department of Water Resources, "Nueces and Mission-Aransas Estuaries: A Study
of the Influence of Freshwater Inflows," January 1981.
U.S. Fish and Wildlife Service, "Phase 4 Report - Studies of freshwater Needs of Fish and
Wildlife Resources in Nueces-Corpus Christi Bay Area, Texas," August 1980.
U.S. Fish and Wildlife Service, "Supplemental Fish and Wildlife Coordination Act Report,
Choke Canyon Dam and Reservoir, Nueces River Project, Texas," 1984.
ATTACHMENT A:
IMPLEMENTATION PLAN AND TIMETABLE
FOR THE
RINCON BAYOU DIVERSIONS
Submitted to the
Texas Natural Resource Conservation Commission
Submitted by the
City of Corpus Christi
and the
Nueces River Authority
February28,2001
SCOPE OF WORK
Nueces River Overflow Channel Project
Preliminary Engineering:
Review the Bureau of Reclamation's original design for the construction of
the Nueces River Overflow Channel and compare with the "as-built"
specifications of the project to assess design changes that might be
required or desired.
Identify the areal extent of inundation that the design channel would
provide in order to define easement/property acquisition requirements for
downstream properties.
Develop preliminary cost estimates.
Prepare information for permitting process.
Permitting:
Develop and submit application for state water right associated with
diversion of water from the Nueces River into the Rincon Bayou/Nueces
Delta area.
Identify and apply for permits necessary for construction and operation of
the overflow channels, O&M on project facilities, etc.
Land Acquisition:
Identify extent of land impacted by project construction and operation.
Identify land ownership by tract in impacted areas; conduct title research.
Evaluate most appropriate strategy for securing rights to access, develop
and inundate impacted properties.
Appraise value of various properties/easements.
Contact landowners and make offers.
Follow up and conclude necessary transactions.
Final Engineering Design:
Prepare final plans and specifications for Nueces River Overflow Channel
construction, and ancillary construction in other portions of the project
area.
Prepare detailed cost estimates.
Bidding and Construction:
Commit/appropriate requisite funding for project construction based on
engineering cost estimates
Advertise for Bids; Accept Bids; Evaluate Bids and Identify Low Bid
Negotiate and Award Construction Contract(s)
Establish and implement construction oversight process, including permit
compliance measures
Construct project elements by no later than December 31,2001
Calallen Pool to Rincon Bayou Water Conveyance Project
Preliminary Engineering:
Identify diversion and discharge locations.
Identify pipeline/canal alignment and routing.
Develop preliminary cost estimates and evaluate alternatives.
Prepare information for permitting process.
Permitting:
Develop and submit application for state water right associated with
diversion of water from the Nueces River into the Rincon Bayou/Nueces
Delta area.
Identify and apply for permits necessary for construction and operation of
the diversion, conveyance and discharge structures, O&M on project
facilities, etc. (i.e., Section 404 permit?)
Land Acquisition:
Identify land ownership at diversion site,along conveyance route and at
dishcarge site; conduct title research.
Evaluate most appropriate strategy for securing rights to construct,
operate and maintain project facilities
Appraise value of various properties/easements.
Contact landowners and make offers.
Follow up and conclude necessary transactions.
Final Engineering Design:
Prepare final plans and specifications for constructionof diversion
facilities, pump station, pipeline or canal, and discharge structures, as
well as ancillary construction in other portions of the project area.
Prepare detailed cost estimates.
Bidding and Construction:
Commit/appropriate requisite funding for project construction based on
engineering cost estimates
Advertise for Bids; Accept Bids; Evaluate Bids and Identify Low Bid
Negotiate and Award Construction Contract(s)
Establish and implement construction oversight process, including permit
compliance measures
Construct project elements and begin operation no later than December
31,2002
Project Monitoring and Assessment:
Establish goals and objectives for long-term monitoring of the Rincon
Bayou Diversions
Design monitoring plan
Coordinate monitoring program for the Rincon Bayou Diversions, in
connection with existing monitoring efforts in the Nueces Delta (i.e.,
ongoing monitoring for the City of Corpus Christi Allison Wastewater
Diversion Project, Texas Parks and Wildlife routine and targeted
monitoring, TNRCC routine and targeted monitoring, Clean Rivers
Program targeted monitoring, and special studies conducted by the
Coastal Bend Bays & Estuaries program)
Implement monitoring by September 1, 2001
Provide annual reports, due within six months of the end of each
monitoring year (September 1 through August 31 of each year); annual
reports will include an assessment of monitoring data and a review of the
monitoring program in the context of other monitoring activities, and will
provide recommendations regarding "adaptive management" measures
designed to better integrate project facilities with the freshwater inflow
operating policies
Ei~
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Rincon Bayou Diversion Projects
Project Facilities
Bray. Corpus. Chok~i1995 TNRCC ORDER rev 2-23-01 .wpd
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
DOCKET NUMBER: 95-0616-WR
IN RE: AGREED ORDER §
ESTABLISHING OPERATIONAL §
PROCEDURES PERTAINING TO §
SPECIAL CONDITION 5.B., §
CERTIFICATE OF ADJUDICATION §
NO. 21-3214, HELD BY THE §
CITY OF CORPUS CHRISTI, §
NUECES RIVER AUTHORITY, AND §
THE CITY OF THREE RIVERS §
BEFORETHE
TEXASNATURAL
RESOURCECONSERVATION
COMMISSION
AN AGREED ORDER amending the operational
procedures and continuing an Advisory Council pertaining to
Special Condition 5.B., Certificate of Adjudication No. 21-3214
On , came to be considered before the Texas Natural Resource
Conservation Commission ("Commission") the Motion by the City of Corpus Christi and Nueces
River Authority for the adoption of an amendment to the Agreed Order issued April 28, 1995,
establishing operating procedures pertaining to Special Condition 5.B., Certificate of
Adjudication No. 21-3214, held by the City of Corpus Christi, the Nueces River Authority, and
the City of Three Rivers" (the two cities and river authority shall be referred to herein as
"Certificate Holders").
After hearing and considering the proposed operational procedures and the presentations of
the parties, the Commission finds that it has authority to establish operational procedures under
Special Condition 5.B. of Certificate of Adjudication No. 21-3214, and that operational
procedures previously established should be amended. The Commission finds that, because of
the need to continue to monitor the ecological environment and health of related living marine
resources of the estuaries to assess the effectiveness of freshwater inflows provided by
requirements contained in this Agreed Order relating to releases and spills from Choke Canyon
Reservoir and Lake Corpus Christi (collectively referred to as the Reservoir System), as well as
return flows, and to evaluate potential impacts which may occur to the reservoirs as well as to the
availability of water to meet the needs of the Certificate Holders and their customers which may
result from those operational procedures, the existing advisory council should be maintained to
consider such additional information and related issues and to formulate recommendations for
the Commission's review.
The Commission additionally finds that based on the preliminary application of the Texas
Water Development Board's Mathematical Programming Optimization Model, (GRG-2),
,Jimmy Biay: CorpUslChok~.1995 TNRCC ORDER rev 2-23-01 .wpd Page 2 i
138,000 acre-feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary;
and, therefore, when water is impounded in the Lake Corpus Christi-Choke Canyon Reservoir
System to the extent greater than 70 percent of the system's storage capacity, the delivery of
138,000 acre-feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases
and spills, together with diversions and return flows noted below, should be accomplished; and
that during periods when the reservoir system contains less than 70 percent storage capacity,
reductions in releases and spills, along with diversions and return flows, are appropriate in that a
satisfactory level of marine harvest will be sustained and the ecological health of the receiving
estuaries will be maintained.
The Commission finds that return flows, other than to Nueces Bay and/or the Nueces Delta,
that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the
assumed mount of 54,000 acre-feet per annum (per calendar year), and that they shall be credited
at this amount until such time as it is shown that actual return flows to Corpus Christi Bay and
other receiving estuaries exceed 54,000 acre-feet per annum.
The Commission finds that by contractual relationships, the City of Corpus Christi is the
managing entity for operating the Reservoir System.
When the Commission uses the word "release" in this Order, release means spil}s, inflow
passage, intentional releases, and return flows; provided, however, under this Order no release
from storage is required to meet conditions of this Order.
By consenting to the issuance of this Agreed Order, no party admits or denies any claim, nor
waives with respect to any subsequent proceeding any interpretation or argument which may be
contrary to the provisions of this Agreed Order.
NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION THAT:
The City of Corpus Christi, as operator of the Choke Canyon/Lake Corpus Christi
reservoirs (the "Reservoir System"), shall provide not less than 151,000 acre-feet of water
per annum (per calendar year) for the estuaries by a combination of releases and spills
from the Reservoir System at Lake Corpus Christi Dam and return flows to Nueces and
Corpus Christi Bays and other receiving estuaries (including such credits as may be
appropriate for diversion of river flows and/or return flows to the Nueces Delta and/or
Nueces Bay), as computed and to the extent provided for herein.
b. When water impounded in the Reservoir System is greater than or equal to 70
percent of storage capacity, a target amount of 138,000 acre-feet is to be delivered to
Nueces Bay and/or the Nueces Delta by a combination of releases and spills from the
Reservoir System as well as diversions and return flows. In accordance with the
monthly schedule and except as provided otherwise in this Agreed Order, target
}immy BrAy- c~rpu~.chok~.1995 TNRCC ORDER .rev ~-23-01 :wpd Page 3 i
inflows to Nueces Bay and/or the Nueces Delta shall be in the acre-foot amounts as
follow:
January 2,500 July 6,500
February 2,500 August 6,500
March 3,500 September 28,500
April 3,500 October 20,000
May 25,500 November 9,000
June 25,500 December 4,500
It is expressly provided, however, that releases from Reservoir System storage shall not
be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d.
When water impounded in the Reservoir System is less than 70 percent but greater than
or equal to 40 percent of storage capacity, a targeted amount of 97,000 acre-feet is to be
delivered to Nueces Bay and/or the Nueces Delta by a combination of releases and spills
from the Reservoir System as well as diversions and return flows. In accordance with the
monthly schedule and except as provided otherwise in this Agreed Order, target inflows
to Nueces Bay and/or the Nueces Delta shall be in the acre-foot amounts as follows:
January 2,500 July 4,500
February 2,500 August 5,000
March 3,500 September I 1,500
April 3,500 October 9,000
May 23,500 November 4,000
June 23,000 December 4,500
It is expressly provided, however, that releases from Reservoir System storage shall not
be required to satisfy the above targeted inflow amounts as calculated in Subparagraph d.
The amounts of water required in subparagraphs 1.b. and 1.c. will consist of return flows,
and intentional diversions, as well as spills and releases from the Reservoir System as
defined in this subparagraph. For purposes of compliance with monthly targeted amounts
prescribed above, the spills and releases described in this paragraph shall be measured at
the U.S. Geological Survey stream monitoring station on the Nueces River at Calallen,
Texas (USGS Station No. 08211500). Any inflows, including measured wastewater
effluent and rainfall runoff meeting lawful discharge standards which are intentionally
diverted to the upper Nueces Delta region, shall be credited toward the total inflow
amount delivered to Nueces Bay and/or the Nueces Delta. Inflow passage from the
Reservoir System for the purpose of compliance with the monthly targeted amounts
prescribed in subparagraphs 1 .b. and 1.c. shall in no case exceed the estimated inflow to
3
~m~y Bray- Corpas. Chok~.1995 TNRCC oRDER rev 2-23-~i .wpd Page 4
Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon
Reservoir. The estimated inflow to Lake Corpus Christi as if there were no impoundment
of inflows at Choke Canyon Reservoir shall be computed as the sum of the flows
measured at the U.S. Geological Survey (USGS) STREAMFLOW GAGING STATIONS
ON THE Nueces River near Three Rivers (USGS No. 08210000), Froi River at Tilden,
Texas (USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No.
08206700) less computed releases and spills from Choke Canyon Reservoir.
into the Nueces Bay/Nueces Delta Area - For purposes of compliance with monthly targeted
amounts prescribed above, the spills and releases described in this paragraph shall be measured at
the U. S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas
(USGS Station No. 08211500).
The passage of inflow necessary to meet the monthly targeted allocations may be
distributed over the calendar month in a manner to be determined by the City.
Relief from the above requirements shall be available under subparagraphs (1) or (2)
below and Section 2.(b) and 3.(c) at the option of the City of Corpus Christi.
However, passage of inflow may only be reduced under one of those subparagraphs
below, for any given month.
(1) Inflows to Nueces Bay and/or the Nueces Delta in excess of the required monthly
targeted amount may be credited for up to fifty (50) percent of the targeted requirement
for the following month, based on the amount received.
(2) When the mean salinity in Upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52") for a
10-day period, ending at any time during the calendar month for which the reduction of
the passage of inflow is sought, is below the SUB*, pass through of inflow from the
reservoir system for that same calendar month may be reduced as follows:
(a) For any month other than May, June, September and October, if 5 ppt below the
SUB for the month, a reduction of 25% of the current month's targeted N ueces
Bay inflow;
(b) If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's
targeted Nueces Bay inflow except that credit under this provision is limited to 25
% during the months of May, June, September and October;
* "SUB" means "salinity upper bounds" as set forth more specifically in Section 3.b.
(c) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's
4
Jimmy Bray -Corpus. Chok~.1995 TNRCC ORDER rev 2-23-01 .wpd Page 5 i
targeted Nueces Bay inflow.
The City of Corpus Christi shall submit monthly reports to the Commission containing
daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed
Order through releases, spills, return flows and other freshwater inflows.
Certificate holders are to provide in any future contracts or any amendments,
modifications or changes to existing contracts the condition that all wholesale customers
and any subsequent wholesale customers shall develop and have in effect a water
conservation and drought management plan consistent with Commission rule. The City
of Corpus Christi shall solicit from its customers and report to the Commission annually
the result of conservation under the City's plan, the customers' plans, and the feasibility of
implementing conservation plans and programs for all users of water from the reservoir
system. This report shall be submitted with the Certificate Holder's annual water use
report as provided by 31 T.A.C. {}295.202.
The Certificate Holders may obtain relief from targeted Nueces Bay inflows during times
of prolonged drought in accordance with this subparagraph o~v~.~,.~,,.~. ....... ~,~ .... ~.
(1) When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir
system (Reservoir System Storage) falls below 50% of the total system storage
capacity, the City of Corpus Christi shall issue public notice advising and informing
the water users of the region of voluntary conservation measures that are requested
immediately and required drought management measures to be taken should the
Reservoir System Storage fall to under 40% and/or 30% of total system storage
capacity. To the extent of its legal authority, the City of Corpus Christi shall require
its wholesale customers to issue public notice advising and informing the water users
of the region of voluntary conservation measures that am requested immediately and
required drought management measures to be taken should the Reservoir System
Storage fall to under 40% and/or 30% of total system storage capacity.
(2)
In any month when Reservoir System Storage is less than 40%, but equal to or greater
than 30% of total system storage capacity, the City of Corpus Christi shall implement
time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces
~immy Bray- C0rpus. Ch0k~.1995'TNRC~ ~RD~R .rev 2:~3:01 .wpd
Page 6 I
Bay to 1,200 acre-feet per month (1,200 acre-feet per month represents the quantity of
water that is the median inflow into Lake Corpus Christi during the drought of
record'). Time of day outdoor watering restrictions prohibit lawn watering between
the hours of 10:00 o'clock a.m. and 6:00 o'clock p.m. and are subject to additional
conditions as described in the City of Corpus Christi's approved "Water Conservation
and Drought Contingency Plan ("Plan")." To the extent of its legal authority, the City
of Corpus Christi shall require its wholesale customers to implement time of day
outdoor watering restrictions similar to those of the City.
(3) In any month when Reservoir System Storage is less than 30% of total system storage
capacity, the City of Corpus Christi shall implement a lawn watering schedule in
addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)) and
shall suspend the passage of inflow from the Reservoir System for targeted inflows to
Nueces Bay. However, return flows directed into Nueces Bay and/or the Nueces
Delta shall continue. The lawn watering schedule shall allow customers to water
lawns no oftener than every five days, subiect to the time of day restrictions described
in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan.
4~ Certificate Holders' rights to obtain whole or partial suspension of the passage of
inflow through the reservoir is contingent upon the City implementing, and
requiring its customers to implement, water conservation and drought management
measures at and ~"~",~,~,o v,~c'~,v,~,,,,~'* ....... ~, ........ , ~,~ d~m~mshed Reservoir System
levels, as set forth in subparagraphs b.(2) and b.(3) ~' ~ ~"'~ ~' z,~x
........ :^. ^*':.o .................. :'~'~ "'^" bp ph 2 (2)
o.ov .................. v~o.~,~ .o r .......... in ,~u aragra .b. .
For purposes of this Agreed Order, Reservoir System storage capacity shall be determined
by the most recently completed bathymetric survey of each reservoir. As of 2001,
completed bathymetric surveys of each reservoir reports conservation storage capacities
Page 7 I
of 695,271 acre-feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir
(Volumetric Survey of Choke Canyon Reservoir, TWDB September 23, 1993) and 241,
241 acre-feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water
Supply Planning Study-Phase 1Nueces River Basin, HDR, December, 1990). c. ......
(94 feet mcan sca !c-,'c!)
Percentage of the Reservoir System capacity shall be determined on a daily basis and
shall govern, in part, the inflow to be passed through the reservoir during the remaining
days of the month.
Within the first ten days of each month, the City of Corpus Christi shall submit to the
Commission a monthly report containing the daily capacity of the Reservoir System in
percentages and mean sea levels as recorded for the previous month as well as reservoir
surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of
inflows at Choke Canyon Reservoir. The report shall indicate which gages or measuring
devices were used to determine Reservoir System capacity and estimate inflows to Lake
Corpus Christi.
f. To gain the benefits of subparagraphs 2.b.(l) through 2.b.(3), the City shall:
1. Acquire ownership of properties necessary to re-open the Nueces
River Overflow Channel and make the Nueces River Overflow Channel and Rincon
Bayou Overflow Channel permanent features of the Rincon Bayou Diversion;
2. Construct and operate a conveyance facility to deliver up to 3,000 acre-feet per month
of required Reservoir System "pass-throughs" directly from the Calallen Pool into the
Upper Rincon Bayou; and
3. Implement an on-going monitoring and assessment program designed to facilitate an
"adaptive management" program for freshwater inflows into the Nueces Estuary.
(Some additional clarification should provided regarding the monitoring and
assessment program.)
4. Construction necessary to implement subparagraph 2.f.l.shall be accomplished by
December 31, 2001 and work necessary to accomplish subparagraph 2.f. 2. shall be
accomplished by December 31, 2002.
i J mmy Bray- Corpus. Chok~.1995'T~RCC ORDER .rev ~:2.3~01 .wpd Page 8 I
5. In the event the City fails to timely complete the work set forth in subparagraphs 2.f. 1.
and 2.f. 2., the provisions of the Agreed Order of April 28, 1995 shall become operative
despite this amendment, unless the Executive Director grants a modification after
considering the recommendations of the Nueces Estuary Advisory Council.
g. The executive Director is delegated authority to make modifications to subparagraph
2.f., after considering the recommendations of the Nueces Estuary Advisory Council.
However, changes may be made through this process only with the City's consent if the
changes result in increased costs to the City.
The City of Corpus Christi, with the assistance and/or participation of federal, state and
local entities, shall maintain a monitoring program to assess the effect of this operating
plan on Nueces Bay. The cornerstone of this program is the development ora salinity
monitoring program. The program shall include at least two monitoring stations, one in
upper Nueces Bay (Lat. 27°51'02", Long. 97o28'52'') and one in mid Nueces Bay (Lat.
27°51'25", Long. 97025'28'') with the capability of providing continuous salinity and/or
conductivity data, temperature, pH, and dissolved oxygen levels. Additional stations may
be established at the recommendation of the Advisory Council (continued by paragraph 4
of this Agreed Order) to assess inflow effects throughout the estuarine system, but the
City shall not be obligated to establish such additional stations except to the extent
authorized by its City Council.
The City of Corpus Christi or its designated representatives shall monitor salinity levels
in Upper and Mid-Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in
parts per thousand-ppt) developed for application of the Texas Estuarine Mathematical
Programming Model and considered appropriate for use herein, are as follows:
SLB SUB SLB SUB
January 5 30 July 2 25
February 5 30 August 2 25
March 5 30 September 5 20
April 5 30 October 5 30
May 1 20 November 5 30
June 1 20 December 5 30
c. When the average salinity for the third week (the third week includes the seven days from
the 15th through 21 st) of any month is at or below the subsequent month's established
SLB for upper Nueces Bay (Lat. 27°51'02% Long. 97°28'52"), no releases from the
-Jimmy Bray- Cor~u~iChek~.1995'TNRCC ORDER rev 2-2.3:0i .wPd Page
Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that
subsequent month.
All data collected as a result of the monitoring program required by paragraph 3 of this
Agreed Order shall be submitted monthly to the Commission within the first ten days of
the immediately following month. The Nueces Estuary Advisory Council shall study the
feasibility of developing a method of granting credits for inflows which exceed the
required amounts to replace the credits that are set out in subparagraph 1 .e.(I) and make
recommendations to the Commission for possible implementation. That method shall
have as its goal the maintenance of the proper ecological environment and health of
related living marine resources and the provision of maximum reasonable credits towards
monthly inflow requirements.
4. a. To assist the Commission in monitoring implementation of this Order and making
recommendations to the Commission relating to any changes to this Agreed Order and the
establishment of future operating procedures, the Nueces Estuary Advisory Council shall
be continued. Its members shall include, but are not limited to a qualified representative
chosen by each of the following entities or groups: the Executive Director of the Texas
Natural Resource Conservation Commission, whose representative shall serve as chair;
the Texas Water Development Board; the Texas Parks and Wildlife Department; the
Texas Department of Health; the General Land Office; the holders of Certificate of
Adjudication No. 21-3214 (the Cities of Corpus Christi and Three Rivers and the Nueces
River Authority; the University of Texas Marine Science Institute; Texas A&M
University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of
Commerce ' ' ; the City of Mathis; Coastal Bend Bays and
Estuaries Program, Inc.; a commercial bay fishing group; a conservation group (e.g. the
Sierra Club an~d o~ the Coastal Bend Bays Foundation); wholesale water suppliers who
are customers of the Certificate Holders (e.g., the South Texas Water Authority and the
San Patricio Municipal Water District); the Port of Corpus Christi Authority; and a
representative of industry. The representatives should have experience and knowledge
relating to current or future water use and management or environmental and economic
needs of the Coastal Bend area.
b. No modification shall be made to this Order without the unanimous consent of the
Certificate Holders, except to the extent provided by law.
Matters to be studied by the Nueces Estuary Advisory Council and upon which the
Executive Director shall certify recommendations to the Commission shall include, but
are not limited to:
(1) the effectiveness of the inflow requirements contained in this Agreed Order on
Nueces Estuary and any recommended changes;
i~immy Bray: Coip?:~ho~.1995'TNRCC ORDER.rev 2-2,3-01 .wpd
(2) the effect of the releases from the Reservoir System upon the aquatic and wildlife
habitat and other beneficial and recreational uses of Choke Canyon Reservoir and
Lake Corpus Christi;
(3) the development and implementation of a short and long-term regional water
management plan for the Coastal Bend Area;
(4) the salinity level to be applied in Paragraphs 1 .e. and 3.c., at which targeted inflows m
the subsequent month may be suspended;
(5) the feasibility of discharges at locations where the increased biological productivity
justifies an inflow credit computed by multiplying the amount of discharge by a
number greater than one; and development ora methodology for granting credits for
inflows which exceed the required amount to replace the credits that are set out in
subparagraph l.e. That methodology shall have as its goal the maintenance of the
proper ecological environment and health of related living marine resources and the
provision of maximum reasonable credits towards monthly inflow requirements; and,
(6) any other matter pertinent to the conditions contained in this Agreed Order.
5. This Agreed Order shall remain in effect until amended or superseded by the Commission.
Issued date:
TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
L/Clients\Corpm\Choke\Corp~s Choke 1995 TNRCC ORDER rev 2-23 01 wpd
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