Derek Smithee, OWRB - Water Resources Board

2012 Update of the OklahomaComprehensive Water PlanInstream/Environmental FlowsDerek Smithee, WQ Division ChiefOklahoma Water Resources BoardGovernor’s Water ConferenceOctober 19, 2011

Instream/Environmental FlowsRecognizing Nonconsumptive Water Needs andSupporting Recreational & Local Economic InterestsDRAFT RECOMMENDATION:An instream flow program should be established to preserve water quality,protect ecological diversity, and sustain and promote economic development,including benefits associated with tourism, recreation, fishing, and spiritualand cultural heritage. The process developed by the OCWP Instream FlowWorkgroup should be implemented and followed to ascertain the suitabilityand structure of such a program for Oklahoma. The Oklahoma Scenic RiversAct–as codified in Title 82, Section 1452, of Oklahoma Statutes–alreadyprovides for protection of the free-flowing conditions of designated statescenic rivers. The OWRB should seek express authority from the StateLegislature prior to promulgating rules to accommodate and protectinstream flows elsewhere in the state.

Instream/Environmental FlowsRecognizing Nonconsumptive Water Needs andSupporting Recreational & Local Economic InterestsFINAL RECOMMENDATION:The process developed by the OCWP Instream FlowWorkgroup should be implemented and followed toascertain the suitability and structure of an instream flowprogram for Oklahoma, with such process commencing in2012 and concluding by 2015, as outlined by theWorkgroup.

Instream/Environmental FlowsWhy AddressInstream Flows?:• Significant interest in valueof non-consumptive uses ofwater, especially related torecreation & tourism(Oklahoma’s 3 rd biggestindustry):– Tourism industry generatesmore than $6.1 billion/year.– Fish/wildlife-relatedrecreationists spend $1.3billion/year• Associated factors relatedto ecological integrity,endangered species,interstate compactcompliance, etc.• Consistent with holisticwater planning principlesand in calculatingexcess/surplus water.

Instream/Environmental Flows“Instream Flow” Definitions:• OCWP/Workgroup:– The amount of water set aside in a stream or river toensure downstream environmental, social andeconomic benefits are met.• Senate Bill 2 (Texas):– Flow conditions necessary for supporting a soundecological environment in the river basin.

Instream/Environmental FlowsExisting Policy:• Current OWRB rule seeks to protect domestic usesthrough a set-aside of 6 acre-feet of water/year per160 acres of land• OWRB has established a 50 cfs minimum flowrequirement in a portion of Barren Fork Creek(established through OSU study)

Instream/Environmental FlowsOCWP Instream Flow Advisory Group:• 5 meetings between February-December 2010• Technical analysis of various instream flow methods• Analysis of regulation and potential implementation• Review of successful and unsuccessful programs in other states/countriesMembers from variety of interests:OK Water Resources BoardOK Department of Environmental QualityOK Conservation CommissionOK Department of Agriculture, Food & ForestryOffice of the Secretary of EnvironmentBureau of ReclamationU.S. Army Corps of EngineersOK Department of Wildlife ConservationU.S. Geological SurveyU.S. Fish & Wildlife ServiceOklahoma Independent Petroleum AssociationOklahoma Cattlemen's AssociationCherokee NationOklahoma Rural Water AssociationOklahoma Municipal LeagueEnvironmental Federation of OklahomaOklahoma Farm BureauThe Nature ConservancyChesapeake Energy CorporationState Chamber of CommerceOklahoma State Parks

Instream/Environmental FlowsSupported by OCWP Technical Analyses:• Generally recognized the importance ofnonconsumptive water uses (recreation, tourism,etc.) to state and local economies.• Instream and environmental flows specificallyinvestigated by OCWP workgroup.• Developed water use models that can be used on thelocal level to incorporate nonconsumptive demandsand adjust management schemes accordingly.

Instream/Environmental FlowsImplementation Costs = $ 1.5 million over 4 yearsRecommendedTimeline