Record Heat, Drought and Texas Water Rights

At least twice this summer residents along Spring Creek east of Mertzon experienced no creek flow for days at a time.  The reason was water rights users pulling water for irrigation purposes.  Once those users stopped pumping creek flow returned.  

Texas Commission for Environmental Quality (TCEQ) manages water resources in each major river watershed.  The Concho River and its tributaries have a Watermaster to manage water use. TCEQ has water flow models and its website refers to "environmental flows."  

For months I took pictures of diminished creek flow and emailed them to the Watermaster.  Replies included terms like:

 “We are monitoring the creek and will adjust diversions as needed.”

“Nobody is approved to pump until the creek has time to recover.”

“Restrictions are still in place.”

This language combined with "environmental flows" led me to believe water rights users could only pull a portion of available water with some designated to keep the estuary healthy.  The Watermaster tried to inform me I was incorrect. 

I contacted Representative Drew Darby with the aim of having the creek not stop again in the midst of a drought with record heat. He kindly called me that day.

Representative Darby explained the evolution of Texas water rights, noting its complexity.  He said that 100% of Texas water has a claim on it.  The state wanted some amount of water to go toward environmental flow, but the only water available was unclaimed water.  Thus the state designated that excess water over current claims as "environmental flow."

I was wrong in assuming "environmental flow" meant base flow to maintain the health of a waterway.  For those who remain confused, as I was, a better term might be "surplus water"  or "unclaimed water" vs. "environmental flow."  

Another way to view it, if the environment provides ample rains and water is abundant, you have environmental flow.

 

Rep. Darby said those with longtime water rights users have the ability to take 100% of creek flow for days at a time.  He said those taking the water have an obligation to use good agricultural practices so that water is used effectively.

The other aspect of water rights in Texas is "use it or lose it."  That distorts government budgets and may cause some people to use water when they might not otherwise.  

That said, I'm sure everyone is doing their best to make it through this record heat and nearly rain-less summer.  I've been praying for rain.  I'm counting on the Lord to eventually say yes and send life giving rains.  Until then, the creek may yet again run dry.

Update 8-24-23:  Day two of no flow in Spring Creek.  Contacted Watermaster to find out when flow might return.  No response yet. 

Update 9-9-23:  The creek stopped flow at least seven times thus far this summer.  Praying for God to send us some of that unclaimed water.

As for TCEQ, the Texas Tribune reported citizens' rights to challenge upstream pollution activity are limited.

Update 11-9-24:  Spring Creek had no flow from August 8 to September 2.  The creek stopped again November 4 and restarted the evening of November 7.