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This paper discusses how, in July 2000, the San Marco River Foundation (SMRF) filed an application with theTexas Commission on Environmental Quality (TCEQ or "Commission") that, if granted, wouldbe unprecedented in Texas history. The application sought 1.3 million acre-feet of water per yearfrom the Guadalupe River Basin for instream and bay and estuary flow purposes but proposed nostorage or diversion of the water ("SMRF Application"). In essence, the SMRF Applicationproposed to short-circuit the process established by the Texas legislature of reservingenvironmental flows through new water rights. The objective of the SMRF Application was todedicate as much water as possible to freshwater inflow needs of the Guadalupe River estuary,while at the same time establishing an instream flow target at a point along the river. On March19, 2003 TCEQ commissioners voted unanimously to deny the SMRF Application and, as of thetime of this paper, SMRF has indicated that they will appeal that decision.

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Edition: Vol. - No. Published: 06/15/2003 Number of Pages: 19File Size: 1 file , 670 KB