DRAFT MEMORANDUM TO FILE

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1 FROM: SUBJECT: DRAFT MEMORANDUM TO FILE Unique Stream Segment Committee File [NTD02182] T:\Task 8 - Unique Designations and Regulatory Issues\Draft Committee Memo.doc Summary of Regional Water Planning Groups Thoughts Regarding the Recommendation of Stream Segments as Unique DATE: March 1, 2005 COMMITTEE MEMBERS Dr. Paul Phillips, Chair Jerry Chapman Elaine Petrus Mary Vogelson Paul Zweiacker RECOMMENDATIONS Recommend Coffee Mill Creek as designated by TPWD, Lost Creek as designated by TPWD (with the proviso that the existing Lake Jacksboro and Lost Creek Lake maintenance and repair of their dams should not be prevented), and Clear Creek upstream from F.M for designation as unique stream segments. Recommend Purtis Creek in Henderson County for designation as unique stream segments if Region D recommends the adjoining segment. Recommend Hickory Creek in Denton County and Fish Creek in Cooke County for designation as unique stream segments if TPWD indicates that such designation would be appropriate. INTRODUCTION As part of the Senate Bill One planning process, regional water planning groups are asked to make recommendations for designation of unique stream segments. In the last round of regional water planning, resulting in the 2001 Region C Water Plan, the Region C Water Planning Group did not recommend the designation of any unique stream segments. The members of the planning group felt that it was difficult to make such recommendations because of the uncertain implications of designation of unique stream segments. Many other regional water planning groups had similar concerns, and only 1

2 one of the 16 regions recommended unique stream segments to the Legislature. The Legislature has not designated any of the recommended segments. In the interim between the completion of the 2001 Region C Water Plan and the current round of planning, the Texas Legislature clarified that the only intended effect of the designation of a unique stream segment was to prevent the development of a reservoir on the designated segment by a political subdivision of the state. However, Texas Water Development Board regulations governing regional water planning require analysis of the impact of water management strategies on unique stream segments, which implies some level of protection beyond the mere prevention of reservoir development. Some regional water planning groups are planning not to recommend unique stream segments in this round of planning, while others are still considering the possibility. Table 1 shows the status of plans for unique stream segment designation by the various planning groups as of late February, At that time, 1 region had definitely decided to recommend Table 1 Summary of RWPG Recommendations Regarding Unique Stream Segments Region A B C D E F G H I J K L M N O P Is the RWPG Recommending Unique Stream Segment(s) to the Texas Legislature? Undecided Undecided but but Yes No Leaning Leaning Undecided Towards Towards Yes No 2

3 unique stream segments, 9 regions had definitely decided not to recommend any segments, 3 regions were leaning toward designating segments but had not made a final decision, 2 regions were leaning against designating segments but had not made a final decision, and 1 region was undecided. The Region C Water Planning Group appointed a committee to consider the designation of unique stream segments. This committee has met several times and has been joined by representatives of the Texas Water Development Board and the Texas Parks and Wildlife Department. This memorandum presents the committee s recommendations to the Region C Water Planning Group. TEAS PARKS AND WILDLIFE DEPARTMENT RECOMMENDATIONS The Texas Parks and Wildlife Department (TPWD) developed Ecologically Significant River and Stream Segments for Region C, April This report recommended 10 stream segments to the Region C Water Planning Group as candidates for unique stream segment status. Table 2 lists these segments and summarizes the attributes that TPWD sees as qualifying them for unique stream segment status. Figure 1 is a map showing the location of these segments. Attachment A is a summary of the TPWD report, which is available in full on line at texaswater/sb1/rivers/unique/regions_text/regions_list/region_c.phtml. RECOMMENDATIONS OF THE COMMITTEE The Region C unique stream segment committee adopted the following criteria for the designation of unique stream segments: The committee did not wish to recommend segments that would conflict with any water management strategies being considered for Region C. The committee did not wish to recommend segments adjacent to segments in other regions or shared with other regions unless the other regions also recommended the segments. The committee tried to communicate with local water user groups before designating a segment. Applying these criteria, the committee recommends that the Region C Water Planning recommend the following segments for designation as unique stream segments: 3

4 Table 2 Texas Parks and Wildlife Department Recommendations for Designation as Ecologically Unique River and Stream Segments from Ecologically Significant River and Stream Segments of Region C, April 2002 TPWD Reasons for Designation (a) River or Stream Segment Description Basin County Biological Function Hydrologic Function Riparian Conservation Area High Water Quality/Aesthetic Value Endangered Species/ Unique Communities Bois d Arc Creek Entire length Red Fannin Brazos River Parker/Palo Pinto Co. line to F.M Brazos Parker Buffalo Creek Alligator Ck.-S.H. 164 Trinity Freestone Clear Creek Denton/Cooke Co. line to Elm Fk. Trinity R. Trinity Denton Coffee Mill Creek Entire length Red Fannin Linn Creek Buffalo Ck. C.R. 691 Trinity Freestone Lost Creek Entire length Trinity Jack Purtis Creek S. Twin Ck. to Henderson Co. line Trinity Henderson Trinity River Freestone/Leon to Freestone/ Henderson/Anderson Trinity Anderson Co. line (a) The criteria listed are from Texas Administration Code Section The Texas Parks and Wildlife Department feels that their recommended stream reaches meet those criteria marked with an.

5 The entire length of Coffee Mill Creek in Fannin County. The entire length of Lost Creek in Jack County (noting that the creek already has Lost Creek Lake and Lake Jacksboro on it, and that the designation should expressly not affect these reservoirs or the ability to repair and maintain the dams that create them). Clear Creek in Denton County upstream from F.M The committee also recommends that the Region C Water Planning Group recommend the following segment for designation as a unique stream segment if the listed condition is met: Purtis Creek in Henderson County if Region D recommends designation of the segment upstream that is recommended by TPWD for their region. The committee has requested input from the Texas Parks and Wildlife Department on the suitability of the following stream segments as additional recommendations: Hickory Creek in Denton County. Fish Creek in Cooke County (upstream from Moss Lake). If the Planning Group chooses to designate this stream segment, the designation should expressly not affect the operation and maintenance of Moss Lake, nor should it impact the water rights application for additional yield from Moss Lake that is currently before the Texas Commission on Environmental Quality. We are awaiting input from TPWD on these segments. The committee recommends against unique stream segments for the following segments for the reasons listed: Bois d Arc Creek because it conflicts with the proposed Bois d Arc Creek Lake, a recommended water management strategy in the 2001 Region C Water Plan. Brazos River in Parker County because it is shared with Region G, which has decided not to designate any unique stream segments. Buffalo Creek because local planning group members indicate that the ecological value has been greatly reduced by timber harvesting and other activities. The Elm Fork of the Trinity River because of concerns about possible impacts of designation on the flood control and water supply operations of Lake Ray Roberts and Lake Lewisville. Linn Creek because local planning group members indicate that the ecological value has been greatly reduced by timber harvesting and other activities. Trinity River in Freestone County because it is shared with Region I (on the east bank of the river), which has decided not to designate any unique stream segments. Region H is also apparently not planning to recommend the segment of the Trinity River located immediately downstream. 5

6 Figure 1 Texas Parks and Wildlife Department Recommendations for Designation as Ecologically Unique River and Stream Segments from Ecologically Significant River and Stream Segments of Region C, April

7 Attachment A Texas Parks and Wildlife Department List of Potential Unique Stream Sites for Region C 1. Bois d Arc Creek - From the confluence with the Red River in Fannin County upstream to its headwaters in east Grayson County. Biological function: priority bottomland hardwood habitat displays significant overall habitat value (USFWS, 1985) Hydrologic function: bottomland hardwood forest provides valuable hydrologic function relating to water quality and flood attenuation (USFWS, 1985) Riparian conservation area: Caddo National Grassland 2. Brazos River - From a point 330 feet upstream of FM 2580 in Parker County upstream to the Parker/Palo Pinto County line (within TNRCC classified stream segment 1206). Biological function: Texas Natural Rivers System nominee for outstandingly remarkable wildlife values (NPS, 1995) High water quality/exceptional aquatic life/high aesthetic value: rated as #1 scenic and recreational river in the northern half of Texas (NPS, 1995) Threatened or endangered species/unique communities: very rare, endemic Texas fawnsfoot freshwater mussel (Howells, 1997) 3. Buffalo Creek - From the confluence with Alligator Creek in Freestone County upstream to State Route 164 in Freestone County. Biological function: priority bottomland hardwood habitat displays significant overall habitat value (USFWS, 1985; Bauer et al., 1991) Hydrologic function: bottomland hardwood forest provides valuable hydrologic function relating to water quality and flood attenuation (USFWS, 1985) 4. Clear Creek - From the confluence with the Elm Fork of the Trinity River about 5 miles northeast of Denton in Denton County upstream to the Denton/Cooke County line. High water quality/exceptional aquatic life/high aesthetic value: ecoregion stream; high water quality, diverse benthic macroinvertebrate community (Bayer et al., 1992) 5. Coffee Mill Creek - From the confluence with Bois d'arc Creek in Fannin County upstream to its headwaters in Fannin County. Riparian conservation area : Caddo National Grassland 6. Elm Fork of the Trinity River - From the headwaters of Lewisville Lake in Denton County upstream to Lake Ray Roberts Dam in Denton County (TNRCC classified stream segment 0839). A-1

8 Riparian conservation area : Lake Ray Roberts/Lake Lewisville Greenbelt 7. Linn Creek - From the confluence with Buffalo Creek in Freestone County upstream to County Road 691 in Freestone County. Biological function: priority bottomland hardwood habitat displays significant overall habitat value (USFWS, 1985; Bauer et al., 1991) Hydrologic function: bottomland hardwood forest provides valuable hydrologic function relating to water quality and flood attenuation (USFWS, 1985) 8. Lost Creek - From the confluence with the West Fork of the Trinity River northeast of Jacksboro in Jack County upstream to the headwaters located about four miles southwest of Jacksboro in Jack County. Riparian conservation area : Fort Richardson State Park and Trail and Lost Creek Reservoir State Trailway High water quality/exceptional aquatic life/high aesthetic value - exceptional aesthetic value (M. Howell, 1999, pers. comm.) 9. Purtis Creek - From the confluence with South Twin Creek in Henderson County upstream to the Henderson/Van Vandt County line. Riparian conservation area : Purtis Creek State Park 10. Trinity River - From the Freestone/Anderson/Leon County line upstream to the Anderson/Henderson County line (within TNRCC classified stream segment 0804). Biological function: bottomland hardwood habitat displays significant overall habitat value (TPWD, 1999) Riparian conservation area: Big Lake Bottom Wildlife Management Area Threatened or endangered species/unique communities: one of the two largest populations of rare, endemic Texas heelsplitter freshwater mussel remaining (Neck and Howells, 1994; Howells, 1997; Howells et al., 1997) A-2

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