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Texas Environmental Almanac, Chapter 2, Water Quality, Page 2

SURFACE WATER: RIVERS, LAKES AND RESERVOIRS

SURFACE WATER REGULATION TODAY

Texas has approximately 191,228 miles of streams and rivers, of which 40,194 miles (21%) are considered perennial, meaning they have a sustained flow throughout the year. In addition, Texas has nearly 8 million square acres of wetlands, more than 3 million square acres of reservoirs, and 1,990.(7) square miles of bays and 3,879 square miles of open Gulf water along its 624 miles of coast. All of these waters are afforded at least minimal amounts of protection by the state and federal governments.(17)

There are three different types of water quality standards set by state and federal regulations.
These are:

  1. Stream standards, also referred to as surface water quality standards;

  2. Effluent standards (set for wastewaters);

  3. Drinking water standards, which also covers groundwater used as a public water supply.

Today, in Texas, the Texas Natural Resource Conservation Commission is the primary agency responsible for water quality management in the state, although it shares the responsibility with the five other state agencies. Under the Clean Water Act and Chapter 26 of the Texas Water Code, the Texas Natural Resource Conservation Commission has the sole authority to develop and amend surface water quality standards for the state which are implemented via agency permitting programs.

Texas does not apply a single set of water quality standards to all surface waters in the state. Instead, waters are "classified" according to how they are used, and water quality standards appropriate to that use are applied. Some examples of use classifications are "contact recreation" (swimming), "non-contact recreation" (boating) and "public water supply" (drinking water). In monitoring these river and stream segments, the Texas Natural Resource Conservation Commission seeks to determine whether the water quality is adequate for the segment's classified use. Water quality must be higher for drinking water, for example, than it is for boating.

Water quality is protected by regulating certain activities; primarily, the discharge of wastewater from cities and industrial operations is prohibited unless a permit is received from the Texas Natural Resource Conservation Commission and in most cases the Environmental Protection Agency. These wastewater permits regulate the quality of wastewater that will be discharged into a stream, river, lake or bay.

There are three types of wastewater permits issued by the Texas Natural Resource Conservation Commission :

  1. Municipal;

  2. Industrial;

  3. Confined Animal Feeding Operations (CAFOs) such as feedlots, dairies and poultry operations.

Permits either allow wastewater discharge into a stream, river, lake or bay or they are "no discharge" permits. No discharge permits refer to the disposal of wastewater by irrigation or evaporation. For example, all Confined Animal Feeding Operations of a certain size must obtain "no discharge" permits. Permits normally expire after five years at which time they must be renewed.

The Railroad Commission of Texas issues wastewater discharge permits related to oil and gas activities.

RIVER BASINS OF TEXAS MAP RIVER BASINS OF TEXAS MAP

DOMESTIC AND INDUSTRIAL WASTEWATER DISCHARGE PERMITS AND TOTAL DAILY DISCHARGE FLOW BY RIVER BASIN, 1991
RIVER BASIN NUMBER OF PERMITS DAILY FLOW
MILLIONS OF GALLONS/DAY
Canadian River Basin2931
Red River Basin 78220
Sulphur River Basin 4628
Cypress River Basin68340
Sabine River Basin1661,647
Neches River Basin2251,341
Neches-Trinity River Basin89214
Trinity River Basin435 3,997
Trinity-San Jacinto River Basin60402
San Jacinto River Basin1,0271,961
San Jacinto-Brazos Coastal Basin229784
Brazos River Basin4242,751
Brazos-Colorado5124
Colorado River Basin1352,828
Colorado-Lavaca336
Lavaca River Basin135
Lavaca-Guadalupe River Basin2523
Guadalupe651,407
San Antonio River Basin671,106
San Antonio-Nueces37264
Nueces River Basin3520
Nueces-Rio Grande Coastal Basin 133949
Rio Grande River Basin57129
Total3,52720,477

Source: Texas Water Commission, Summary Report: Regional Assessments of Water Quality Pursuant to the Texas Clean Rivers Act (Austin: TWC, December 1992).

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TEXAS SURFACE WATER QUALITY STANDARDS
The Clean Water Act (CWA) requires states to develop and enforce a comprehensive set of water quality standards. There are two components to surface water quality standards:
    (1) designated uses and
    (2) chemical, physical and biological criteria to protect those uses.

The uses which may be established for a water body are:

    1. Protection of aquatic life and habitat so that the water is fishable;

    2. Use for recreation such as swimming;

    3. Use as a drinking water supply;

    4. Use for navigation; and

    5. Use for industrial water supply.

A water body may be assigned more than one of these uses.

Upper and lower limits for common water quality criteria are established for each water body. Some of these criteria, or standards, are:

    1. Dissolved oxygen;

    2. Temperature;

    3. pH;

    4. Total dissolved solids;

    5. Fecal coliform bacteria; and

    6. Toxic limits.

Not all waters in Texas are protected by site-specific criteria. For example, in Texas, only 14,359 of 40,194 perennial river miles (36 percent) and 1.5 million of 3.0 million acres of reservoirs (50 percent) have been designated for a particular use. All 1,990 square miles of bays and 3,879 square miles of ocean waters have been classified.(19)

Classified waters include most rivers and their major tributaries, major reservoirs and estuarine waters. Unclassified waters are those smaller water bodies which have not had a site-specific study analysis performed in order to set site-specific standards. Unclassified waters are protected by general aquatic life standards which apply to all surface waters in the state.

The EPA is required to review state water quality standards to ensure they meet the Clean Water Act goals of "fishable and swimmable quality waters."(20) States are required to evaluate and if necessary, revise their water quality standards every three years. While most bodies of water are designated a use to meet these broad goals of swim-ming (contact recreation) or fishing (high or exceptional aquatic life), the Houston Ship Channel and Buffalo Bayou are so polluted that they are designated for navigation purposes only.

When the Texas Natural Resource Conservation Commission or Environmental Protection Agency (EPA) considers applications for wastewater discharge permits, it uses these water quality standards to develop limits on the amount and type of contaminants that will be allowed in the discharge.

STATE DISCHARGE PERMITS

As of July 1994, 2,354 municipal wastewater treatment facilities, both publicly and privately owned, were operating with state wastewater discharge permits. Fifty-five water treatment plants, which discharge water during the filtering process, also had state permits. Municipal facilities discharged nearly 3 billion gallons of wastewater per day into Texas surface waters during 1991. In addition to these domestic treatment facilities, there were 1,026 industrial facilities with active state permits in July 1994, which together discharged almost 18 billion gallons per day.(18)

About 15 percent of both industrial and domestic wastewater permits are no-discharge permits, which means that wastewater is evaporated or used for irrigation instead of being discharged into a river or stream. Finally, in 1994, there were 515 Confined Animal Feeding Operations - feedlots, poultry and dairy operations - which were required to obtain no discharge permits from the TNRCC.

Since 1972, the amount of pollution discharged in wastewater by domestic facilities has decreased about 70 percent in Texas. At the same time the amount of waste requiring treatment has increased by 85 percent.(21) This improvement is due mainly to better technology and to requirements that wastewater in Texas be cleaned up to stricter standards. About 67 percent of domestic wastewater produced by municipal facilities receives advanced treatment.(22)

Most discharges in Texas are concentrated near major population centers like Dallas and Houston. The state processes about 200 new or revised industrial permits and about 500 new or revised municipal permits each year. Since 1980, combined industrial and municipal permits have increased from 2,907 to 3,435. While industrial permits have been increasing due to increased economic activity, the number of permitted municipal facilities has actually declined in recent years as some city systems have regionalized their wastewater treatment.

CAUSES THAT CONTRIBUTE
TO USE IMPAIRMENT IN CLASSFIED RESERVOIRS, STREAMS AND RIVERS

Two pie charts showing major causes of impairment

Source: Texas Natural Resource Conservation Commission, State of Texas Water Quality Inventory, 12th Edition (Austin: TNRCC), 129 and 133.

SOURCES THAT CONTRIBUTE
TO USE IMPAIRMENT IN CLASSFIED RESERVOIRS, STREAMS AND RIVERS

Two pie charts showing major sources of impairment

Source: Texas Natural Resource Conservation Commission, State of Texas Water Quality Inventory, 12th Edition (Austin: TNRCC), 129 and 133.

Texas Environmental Almanac, Chapter 2, Water Quality, Page 2
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