The Rio Grande and its tributaries are the lifeblood of far west Texas, providing water for human needs and for fish, wildlife and recreation in the midst of the arid Chihuahuan Desert region. The river and its tributaries also have enormous economic and cultural importance, supporting the ranching, farming and tourism industries that form the bedrock of the far West Texas economy.

 

In the remote reach from Fort Quitman to Amistad Reservoir, the Rio Grande runs through a series of canyons and alluvial plains that encompass vast ranchland owned by private individuals, the state of Texas, and the federal government. Water from the Rio Grande in this stretch is used primarily for livestock and by small communities in Mexico. In the Presidio Valley, the river once sustained large melon and onion fields. In recent years, however, drought, coupled with upstream damming, ecological degradation from salt-laden irrigation return flows and a variety of economic factors have made farming a tenuous business.

 

Salt cedar, or tamarisk – an invasive tree that consumes many gallons of water per day and is highly adaptable to drought and poor water quality – has overtaken and obliterated the channel of the river in many parts of the river from Fort Quitman to Presidio (often known as the Forgotten River stretch.) Clogged with silt and rocks from side canyons and arroyos and robbed of flood flows, the channel through the Forgotten River has aggraded severely and is no longer capable of moving these depositions downstream. The salt cedar has also invaded valuable riparian grasslands once used for grazing.

 

If it were not for historic accounts of the Forgotten River, we would not know how different it used to be. Early explorers reported “plentiful game” – deer, rabbit, quail, bear, turkey, numerous fish, thousand of migratory geese and other waterfowl – and “wide, spreading branches” of cottonwood and willow trees providing shade in the riparian zone and along creeks and side channels. Backwater sloughs formed by flood flows made oases in the desert and contributed to a rich variety of wildlife. Until a few years ago, Presidio was known for its large, sweet onions, celebrated during the annual Onion Festival. Today there are no onions grown in Presidio and no Onion Festival. Most farmers have turned to raising forage crops like rye grass in order to stay in business.

 

These dramatic changes have also taken their toll on the river through Big Bend Ranch State Park, Big Bend National Park and the downstream Wild and Scenic river segment, contributing to the spread of tamarisk, aggravating water quality problems and reducing revenues from the rafting business. 

 

The Lower Pecos River has also been invaded by tamarisk. Recent private, state and federal landowner restoration efforts have begun to restore this major tributary to the Rio Grande.   Additional restoration efforts, including prescribed fire and riparian vegetation re-establishment are needed. 

 

In addition to existing threats, a new threat has appeared on the horizon: discussion by the Texas General Land Office of leasing hundreds of thousands of acres of state land for groundwater pumping by a private company, Rio Nuevo. Much of this state land is located along the Rio Grande, especially in Hudspeth and Presidio counties. Rio Nuevo is also seeking groundwater lease options from private landowners, though it is not known which, if any, of those landowners are on or near the river. Given the low recharge rates of most of the Far West Texas aquifers, including those bordering the river, there is grave concern that increased groundwater pumping could affect spring flow and, potentially, base flow in the Rio Grande and its tributaries. While residents, local officials and the groundwater districts have been unified in their opposition to Rio Nuevo's proposal, it has become clear that the districts have neither the resources nor the science to respond adequately to this threat. 

 

Also, increased demands for groundwater from the Edwards-Trinity could threaten the springs that supply the lower Pecos and Independence Creek, increasing the vulnerability of this incredibly important part of the Rio Grande aquatic system.

 

 

The Río Grande's problems, however, have finally begun to mobilize landowners, local and state officials and non-governmental organizations in an effort to develop and implement rehabilitation and restoration solutions for the river. A sampling of the on-going efforts and recent developments include:

 

·        A coordinated effort to secure federal funding for a large-scale feasibility study on how to restore the Forgotten River segment, through removal and control of salt cedar, channel maintenance and re-vegetation with native species;

·        Pilot projects on salt cedar control in Big Bend National Park and Maderas del Carmen;

·        Salt cedar control on the Pecos River;

·        Research and monitoring of aquatic species along Independence Creek;

·        Increased emphasis and resources for the Far West Texas Regional Water Planning Group, the Texas Water Development Board and academics to develop a better scientific understanding of far West Texas aquifers, including spring flow;

·        More attention to efforts to secure farm bill funding for farmers and ranchers along the Rio Grande;

·        Efforts by private landowners and the Nature Conservancy of Texas to establish permanent protection for key riparian lands on the Rio Grande and the Pecos; and

·        Greatly increased public awareness of Rio Grande and related issues in Far West Texas.

 

 

 

 

 

As these efforts proceed, there is a need to establish mechanisms to provide legal protection for that instream flows in the Rio Grande and its tributaries. Establishing and maintaining legal protection for instream flows will help ensure a healthy, functioning river system and enhance riparian habitat for wildlife, as well as benefit river recreation. It will also help provide more water to the Amistad / Falcon reservoir system, which serves the rapidly growing Lower Rio Grande Valley. Water users in the Valley can provide political and, potentially, financial leverage for protection of the Rio Grande in far West Texas.

 

Protecting resources such as the Rio Grande and its tributaries in Far West Texas requires an approach that respects the traditions and values of this region. In particular, the approach must:

 

·        Be controlled by local residents;

·        Be science-based;

·        Respect private property rights; and

·        Recognize, respect and assist the efforts of private landowners who exercise good stewardship over their lands.

 

The mission of the Trans-Pecos Water Trust is to protect and enhance the Rio Grande and its U.S. tributaries, from Fort Quitman to Amistad Reservoir. 

 

The two primary goals of the Trans-Pecos Water Trust are:

 

·        To secure and protect instream flows and enhance aquatic and riparian habitat through voluntary market transactions involving leases, purchases or donations of existing water rights and

·        To assist landowners in protecting springs and restoring riparian and grasslands the benefit both landowners and native fish and wildlife.

 

The Trust's guiding principles include: respect for private property rights, recognition of landowner stewardship and promotion of the natural and cultural heritage and economic value associated with the Rio Grande and its tributaries in Far West Texas. In order to ensure these principles are fully implemented, a board composed primarily of local ranchers, farmers and residents will oversee the establishment and operation of the Trans-Pecos Water Trust.

 

 

 

The Trust administration will include fiscal accounting, grant administration and reporting, record keeping, and communication among board members and staff. A funding strategy must be developed for:

·        Sustaining operations of the Trust itself; and

·        Lease or purchase water rights from willing lessors/sellers.

 

Potential Funding Sources:

·        Follow-on grant from National Fish and Wildlife Foundation

·        Grants from private foundations, such as the Meadows Foundation, Houston Endowment or Brown Foundation that have a strong interest in Texas water issues;

·        Private donations;

·        Corporate donations; such as Alcoa, HSBC and/or Coca Cola (via WWF)

·        Technical assistance provider funds under the Farm Bill;

·        Other government funding sources (including the potential for direct appropriations, given the position of Congressman Henry Bonilla and Texas Senators Hutchison and Cornyn).

 

a.       By January 15, 2006 a development subcommittee will complete a funding strategy.

b.      Complete grant proposals or other funding requests as soon as possible

c.       Board to provide other ideas at 12/2/05 meeting

 

 

Background: The Rio Grande from Fort Quitman on down is a binational river, the allocation and management of which is governed by the 1944 Treaty between the U.S. and Mexico. To be successful, restoration efforts will ultimately have to take place on both sides of the river. 

 

However, only Texas law governs the administration of the rights to use the U.S. share of water in the Rio Grande. Over the years, the U.S. share, including the river from Fort Quitman to Amistad, has been fully appropriated, on paper. That is, the state water agency (now the Texas Commission on Environmental Quality) has granted permits that, taken together at the full permitted amount, would theoretically allow the use of virtually all the U.S. share of water that flows in the Rio Grande from Fort Quitman to Amistad. The vast majority of these rights have been issued with irrigation and/or livestock watering as the authorized use. These permits constitute private property rights, subject to the provisions of Texas water law on waste and beneficial use, and must be respected.

 

However, water use reports show that few, if any, of the water right holders are fully exercising their permits. That is, water use in the Rio Grande from Fort Quitman to Amistad is generally far below the permitted amounts. In some cases, use may be below permitted amounts because there is insufficient water available in the river; in other cases, it may be that the permit holder is not using as much water as they have used in the past due to changes in acreage planted, crop mix, economic factors or other reasons.

 

Water right holders who are not using their full permitted right may be interested in selling, leasing or donating that right for conversion to instream flow.[1] There may be several motivations for existing water right holders to do so:

 

·        Direct economic benefit from leasing or selling the unused right;

·        Tax deduction for donating a right to a non-profit entity;

·        Lack of other markets for the unused water;

·        The potential that, over the long term, unused water rights could be cancelled by the state pursuant to Texas law, thus eliminating any economic benefit for the water right holder; and

·        The interest of many landowners in seeing a healthy Rio Grande and riparian system (protecting natural and cultural heritage, improving land values, and providing landowners an opportunity to develop more hunting and wildlife tourism).

 

At present, however, there is no active market for instream flow rights in the Rio Grande (or other portions of Texas for that matter).[2]

 

a.       Seek to secure two to three letters of intent re: lease, purchase or donation transactions for water rights that can be converted to instream flow or have instream flow added as an authorized use.

b.      Develop work plan and funding plan for completing each transaction, including necessary administrative approvals from TCEQ.

c.       Identify second round of willing seller/lessor prospects and develop and implement strategy to approach.

 

 

In addition to the need for a mechanism for voluntary market transactions to protect instream flows in the Far West Texas reach of the Rio Grande and its tributaries, there appears to be growing interest among riparian landowners in finding ways to conserve water, protect springs, restore grazing lands and restore wildlife habitat.   In many cases, however, landowners may need technical assistance to navigate the maze of federal and state programs and to help them select the best approaches to restoration. 

For the Trust to be a respected source of information and guidance, we will develop or contract expertise in river restoration. Our expertise will include salt cedar management, floodplain restoration, aquatic habitat restoration and assistance in applying for federal and state funding. 

 

 

a.       Contract with academic or private consultant, through WWF, to develop preliminary assessment of Rio Grande instream flow needs through reach from Presidio to Amistad.

a.Develop list of possible questions for riparian landowners regarding their interest in and need for restoration assistance (e.g. salt cedar control, grasslands restoration, water conservation, spring protection, wildlife habitat restoration, etc.)

b.Develop and implement a strategy for  informal one-on-one  survey of riparian landowner needs (focus: Rio Grande mainstem, Cibolo Creek?, and Pecos River).

e.        Consult with Texas A&M Extension Service and NRCS to get their assessment of needs and make sure no duplication of effort.

 

The Trust will actively communicate with water rights owners, agencies, political leaders and regional groups to promote our mission and a better understanding of the need for instream flow, the methods with which to obtain them, and long term river management.

 

a.       Develop brochure and letterhead

b.      Develop powerpoint presentation

c.       Establish website

d.      Create logo

e.       Secure access to photos

f.        Ensure regular but informal information exchange with the following regional groups:

1)     Rio Grande Institute,

2)     NRCS Chihuahuan Desert RC&D,

3)     Friends of Big Bend National Park

4)     Chihuahuan Desert Research Institute

5)     Pecos River Advisory Committee