Instream Uses Program

Environmental Reviews of Water Right Applications

Instream Uses Staff of the Resource Protection Team perform the environmental reviews of water right applications.  During technical review, staff evaluates available information related to a proposed water project to consider potential impacts to fish and wildlife habitat, water quality, instream uses associated with the affected body of water and downstream areas, and if the project is within 200 river miles from the Texas coast, freshwater inflows to bays and estuaries are also addressed. When preparing a water right permit application for TCEQ submittal, applicants are requested to provide information described in the Supplemental Environmental Information Sheet. Several assessment techniques may be used to evaluate potential effects of actions associated with water right applications. Once the information is gathered and assimilated, a recommendation is made as to the type of restriction or condition which might be required to satisfy environmental concerns. Texas Water Code, §§11.042, 11.147, 11.1491, 11.150, 11.152  Texas Administrative Code, Title 30 Chapter 297, Sections 297.53 through 297.56. Please click on the following link for more information on Environmental Reviews of Water Right Applications.

Texas Instream Flow Program

In 2001, the 77th session of the Texas Legislature passed Senate Bill 2 (S.B.2), which directed Texas Parks and Wildlife Department (TPWD), the Texas Commission on Environmental Quality (TCEQ), and the Texas Water Development Board (TWDB), in cooperation with other appropriate agencies, to "…jointly establish and continuously maintain an instream flow data collection and evaluation program…" In addition, the agencies were directed to "…conduct studies and analyses to determine appropriate methodologies for determining flow conditions in the state rivers and streams necessary to support a sound ecological environment." (Texas Water Code §16.059). Please click on the follwing link for the Texas Instream Flow Program.

Environmental Flows Allocation Process

With passage of Senate Bill 3 (S.B.3) in 2007, the Texas Legislature restated the importance of maintaining the health and vitality of the State’s surface-water resources and further created a stakeholder process that would result in science and policy based environmental flow regime recommendations to protect instream flows and freshwater inflows on a basin-by-basin basis. The bill created the Science Advisory Committee to the Study Commission on Environmental Flows to oversee implementation of the process. To assist the Advisory Group with implementation of S.B.3 provisions, the Texas Environmental Flows Science Advisory Committee was established to serve as an objective scientific body to advise and make recommendations to the Advisory Group on issues relating to the science of environmental flow protection. The bill also created seven bay/basin stakeholder groups and bay/basin expert science teams, one for each of Texas’s river basins and bay systems.
The TCEQ will receive recommendations from Bay/Basin stakeholder groups and Bay/Basin expert science teams as well as input from the Environmental Flows Advisory Group and interested members of the public. Based on those recommendations and input, and taking both science and policy into account, TCEQ will adopt rules establishing environmental flow standards for the bay/basin area, including a set-aside of un-appropriated flows. Texas Water Code, §§11.0236, 11.02361, 11.02362, & 11.1471.

Instream Uses Staff:

For more information on the Instream Uses Program, please call 512/239-4691.

Other Links:

• Projects with the Coastal Management Zone are required to be consistent with certain policies and goals of the Coastal Management Program.

• Some projects such as a reservoir project may require authorization from the U.S. Army Corps of Engineers. Please contact the Fort Worth District, Galveston District, or Tulsa District for more information . Additionally, a State Water Quality Certification (401 Permit) may be required. See the TCEQ Water Quality Certification Program website for more information.

• Projects with the Atlas of Texas Surface Waters provides information on Classified Water Quality Segments.  See the TCEQ Water Quality Standards website for information on segment criteria and uses.

• Texas Parks Wildlife Department's Environmental Concerns and River Guide provide excellent information regarding instream flows, recreational uses, navigability, and other interesting river facts.

• The U.S. Geological Survey (USGS) provides Real-time Streamflow Conditions in Texas for current hydrological conditions.