Full document / COSOC-W-86-002 - the National Sea Grant Library

Estuarineand CoastalManagement - Toolsof the Trade.
Proceedings ofthe Tenth National Conference ofThe
CoastalSociety. October12-15.1986. New
Orleans.LA, Copyrightby TheCoastalSociety
1987.
WATER RIGHTS FOR ESTUARIES:
THE TEXAS EXPERIENCE
Ronald A. Kaiser
Institute of Renewable Natural Resources
Texas MM University
College Station, TX 77843
Sharon M. Kelley
UniversityofVirginia
School of Law
Charlottesville, VA 22903
Estuaries are a complex ecosystem in which a number of physical and
biological processes are interrelated. Although scientists arc unsure
of the exact nature of many estuarine relationships, it is generally
believed that freshwater inflows are a major determinant of estuarine
productivity. Inflows maintain the necessary salinity balance and
also provide valuable nutrients. There are seven major estuary
systems and several minor ones spread along 370 miles of Texas
coastline. Eleven major river basins have estuaries of major or
secondary importance.
The Texas fishing and shrimping industries, as well as sport fishing,
depend on the estuaries to provide a proper habitat for fish
propagation and development. In addition to the fish and wildlife
which spend their entire lives in the estuaries, many other species
inhabit these areas during their juvenile stages. Some 97Z of all
fish and shellfish harvested along the Texas coast depend on estuaries
at one or more stages of their life cycles (Texas Department of Water
Resources 1982).
The Texas legislature has funded a number of studies concerning the
influence of freshwater inflows on estuaries, and has concluded that
they are an important factor in estuarine productivity (Texas Department
of Water Resources 1982). Revisions to the Texas Water Code in 1975 and
1985 emphasized the importance of freshwater inflows but did little to
ensure that such inflows are maintained. The protections instituted by
these laws arc largely discretionary, and many have argued that they are
insufficient. The water code still ranks recreation, wildlife
preservation and aesthetics well below other water uses in terms of
priority and there is not always enough water available to satisfy the
lower priority uses.
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