Executive Order RP50 - October 28th, 2005

BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
October 28, 2005

WHEREAS, Texas is blessed with abundant water resources including more than 191,000 river miles flowing through 23 major river basins, 9 major and 21 minor aquifers, 7 major estuaries, several minor estuaries, and 3,300 miles of bay and estuary lagoon shoreline; and

WHEREAS, water resources fuel economic development of the state and there is a need to provide certainty in water management and development, including its permitting, to ensure adequate water supplies are available for essential beneficial uses; and

WHEREAS, management strategies addressing environmental flow needs should be based on sound science and emphasize stakeholder involvement, public input, and consideration of local issues; further, such strategies should encourage a variety of market approaches and other voluntary measures, including voluntary land stewardship; and

WHEREAS, Section 11.0235, Texas Water Code recognizes the importance of maintaining the biological soundness of the state’s rivers, lakes, bays, and estuaries to the public’s economic health and general well-being, and expressly requires the Texas Commission on Environmental Quality ("Commission"), while balancing all other interests, to consider and provide for the freshwater inflows necessary to maintain the viability of the state’s bay and estuary systems in the commission’s regular granting of permits for the use of state waters; and

WHEREAS, the National Research Council of the National Academy of Sciences conducted a review of the State's Instream Flow Program and made important recommendations in its March 2005 report regarding the proposed State methodology and related considerations; and

WHEREAS, the Study Commission on Water for Environmental Flows ("Study Commission") established under Sec. 11.0236, Texas Water Code, which expired on September 1, 2005, laid important groundwork for establishing a method to integrate the vital issues of economic development and the protection of instream flows and freshwater inflows to bays and estuaries with specific recommendations in a December 2004 report;

NOW, THEREFORE, I, Rick Perry, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, do hereby order the following:

Creation of Advisory Committee. The Environmental Flows Advisory Committee ("Committee") is hereby created to examine relevant issues and make recommendations for commission action and legislation on methods for making future decisions to protect instream flows and freshwater inflows, while integrating such needs with human needs, including methods to address allocation of flows during drought conditions, using the December 2004 report of the Study Commission as a starting point.

Composition. The Committee shall consist of nine members appointed by the Governor. Three members shall be the respective presiding officers of the Texas Commission on Environmental Quality, Texas Water Development Board, and Texas Parks and Wildlife Commission with the other six members to be chosen from among river authorities; municipalities; environmental, agricultural, industrial, and hunting and fishing interests or others with expertise in environmental flows issues; and the public.

The Governor may designate a member of the Committee to serve as chair of the Committee.

Advisory Councils and Agency Support. As the Committee deems necessary to carry out its duties, the Committee may appoint:

• three or four local or regional stakeholder advisory councils prioritized by basin/bay system; and
• a science advisory council of five members to provide technical expertise.

The commission, Texas Water Development Board, and the Texas Parks and Wildlife Department shall provide staff support for the Committee.

Recommendations and Report. The Committee shall develop recommendations to establish a process that will achieve a consensus-based, regional approach to integrate environmental flow protection with flows for human needs.

The Committee shall submit a full report, including findings and legislative recommendations, to the Governor, Lieutenant Governor, and Speaker of the House of Representatives no later then December 31, 2006. Subsequent work of the Committee may be addressed in supplementary reports as appropriate.

This executive order supersedes all previous orders on this matter that are in conflict or inconsistent with its terms. Unless extended, this order shall expire on September 1, 2007.

Given under my hand this the 28th day of October, 2005.

RICK PERRY
Governor

ATTESTED BY:
ROGER WILLIAMS
Secretary of State