Water Fight: 'Baykeeper' group wants permit

by Erika McDonald

Putting a new spin on a state law previously employed only by developers to divert water upstream, one local conservation group is hoping to secure the right to millions of acre-feet of the Trinity River. The difference is, the group has no intention of using the water it wants to pay for.

The Galveston Bay Conservation and Preservation Association applied in December for 3.8 million acre-feet of Trinity River water, which they intend to preserve for freshwater inflows into Galveston Bay.

Under state law, anyone can apply for water right permits; only recently have conservation groups begun to take advantage of the law in a novel effort to protect the resources for environmental purposes.

The bays along the central Texas coast, including Galveston Bay, are estuaries. To stay healthy and productive, the bays must maintain a healthy balance between fresh and saltwater. At risk are the populations of fish and other wildlife, upon which the livelihood of area fishermen depends.

GBCPA joins four other groups, the San Marcos River Foundation, the Caddo Lake Institute, the Lower Colorado River Authority and the Matagorda Bay Foundation, in their attempts to obtain water rights for the sole purpose of conservation. The sum of the environmental permits totals 12 million acre-feet of water per year.

The first permittee to be heard by the Texas Commission on Environmental Quality was the San Marcos River Foundation. According to TCEQ spokesman Todd Chenoweth the Commission is still reviewing that application and may not have a decision for two more months. GBCPA and the other conservation-oriented permittees are keeping a close eye on that decision, which will set a precedent for following cases.

"This a huge dealÑitÕs the one action that really could save the bays," Jim Blackburn president of both GBCPA and the Matagorda Bay Foundation said. "All water agencies pay lip service to (conservationists) but weÕre about to find out whoÕs really with us."

Typically, permits are granted to developers to build dams and pipelines to supply cities and farmers, diverting water upstream. Many more projects are being permitted to supply thirsty communities as water becomes an increasingly precious commodity. Blackburn said the Trinity River is the most likely source for Houston-area water planners, currently draining Lake Livingston, to look to next. By applying for the rights, GBCPA hopes to protect the water from use in potential projects.

Richard Browning of the Trinity River Authority, said he thought it unlikely TCEQ would grant the permit. He said that protecting the water was a state mandate not to be entrusted to a private group.

"The state is a public entity responsive to the democratic processÑ taking away that authority and giving it to a private entity is socialism," Browning said. He said if the state decides not to grant a permit, the water remains available for environmental purposes.

Charlotte Cherry, a GBCPA member called the groupÕs effort an "altruistic" one. "We wonÕt ever use the water, developers will," she said.

Browning insisted the law does not apply to permits based on preserving the water and that permits can only be issued for use and diversion. He said that by not using the water for a project the state can monitor, GBCPA would not meet the obligations and responsibilities of traditional permitees. "(Conservation groups) want a private right without holding the private responsibility," he said.

The debate, currently in TCEQÕs hands, may make its way to the state legislature as regional water planners have asked legislators to modify the law, explicitly excluding environmental permits.

According to Blackburn, the law is on GBCPAÕs side, even if water planners get their way.

"For years, developers have argued that permits be reviewed under the law as it was at the time of the application," he said. "We think we have a strong argument even if the law is changed."

Cherry said that while conservationists understand the need for some water development projects, long-term environmental impacts should be considered.

"Too many projects are approved (by the state) without enough consideration to the surrounding eco-system," she said. "If we take water away today, someone will have to pay tomorrow."