TOLEDO BEND PROJECT FERC NO. 2305 FINAL … Statement...Initial Statement Final License Application ... Power Act (FPA) and are claiming the status of an existing licensee under Section

© Copyright 2011. Sabine River Authority of Texasand

Sabine River Authority, State of Louisiana. All Rights Reserved.

TOLEDO BEND PROJECTFERC NO. 2305

FINAL LICENSE APPLICATION

INITIAL STATEMENT

September 2011

Initial Statement Final License Application

Page i Toledo Bend Project No. 2305

Table of Contents

INITIAL STATEMENT............................................................................................................... 1

VERIFICATION, LOUISIANA.................................................................................................. 9

VERIFICATION, TEXAS ......................................................................................................... 10


Page 1 Toledo Bend Project No. 2305

INITIAL STATEMENT

BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

Application for License for Major Water Power Project-Existing Dam (18 C.F.R. §§ 4.50, 4.51,and 5.18).

(1) Sabine River Authority, State of Louisiana (SRA-LA) and Sabine River Authority ofTexas (SRA-TX; collectively, the Authorities), apply to the Federal Energy RegulatoryCommission (FERC or Commission) for a license for the Toledo Bend Project (Project),FERC No. 2305, as described in the attached Exhibits. The Project’s current license, forwhich the Authorities are co-licensees, expires on September 30, 2013.

(2) The location of the Project is:

State(s): Louisiana and TexasCounty(s) or Parish(es): Panola, Sabine, Shelby, and Newton, Texas

De Soto, Sabine, and Vernon, LouisianaNearby towns: Hornbeck, Florien, Zwolle, Converse, Many,

Leesville, and Logansport, Louisiana; Hemphill,Pineland, Center, Joaquin, Teneha, Timpson,Newton, Carthage, and San Augustine, Texas

Stream or other body of water: Sabine River

(3) The exact name and address of the applicant(s) are:

Sabine River Authority of Texas Sabine River Authority, State of LouisianaP.O. Box 579 15091 Texas HighwayOrange, TX 77631-0759 Many, LA 71449-5718

The exact name and business address of each person authorized to act as agent for the applicantin this application, are:

(1) Mr. James W. Pratt (2) Mr. Jerry L. ClarkExecutive Director General ManagerSabine River Authority, Sabine River Authority of TexasState of Louisiana P.O. Box 57915091 Texas Highway Orange, TX 77631-0759Many, LA 71449-5718 Phone: 407-746-2192Phone: 318-256-4112

(3) Mr. Melvin T. Swoboda (4) Charles R. SensibaLicensing Manager Van Ness Feldman, P.C.Toledo Bend Project Joint Operation 1050 Thomas Jefferson Street, NWP.O. Box 579 Washington, D.C. 20007Orange, TX 77631-0579 Phone: 202-298-1800Phone: 409-746-2192



(4) The Authorities are both governmental entities organized and existing under the laws oftheir respective states. In 1949, the Sabine River Authority of Texas was established bythe Texas State Legislature. A copy of the enabling legislation for the Sabine RiverAuthority of Texas appears at Attachment 1. The Louisiana State Legislature created theSabine River Authority, State of Louisiana the following year. A copy of the enablinglegislation for the Sabine River Authority, State of Louisiana, appears at Attachment 2. Assuch, the Authorities are municipalities within the meaning of Section 3(7) of the FederalPower Act (FPA) and are claiming the status of an existing licensee under Section 15 ofthe FPA.

(5)(i) The statutory or regulatory requirements of the state(s) in which the project would belocated that affect the Project, as proposed, with respect to bed and banks, and to theappropriation, diversion, and use of water for power purposes, and with respect to the rightto engage in the business of developing, transmitting, and distributing power, and anyother business necessary to accomplish the purposes of the license under the FPA, are:

State AgencyStatute orRegulation

Statutory or RegulatoryRequirement

Status

Texas Texas Commission onEnvironmental Quality

TAC 30-307;TAC 30-279

Water Quality Certification(Section 401 of the CleanWater Act)

Request will be submittedfollowing the filing of thefinal license applicationwith FERC.

Texas Commission onEnvironmental Quality

TWC 2(B)11;TAC 30-295;TAC 30-297

Water Rights (Permits toPublic Waters)

Existing water rights aresufficient to operate theProject as proposed in thisapplication.

Texas General LandOffice

TAC 31 Part16

Texas Coastal ZoneManagement Program(CMP)

No federal consistencycertification ordetermination is required,as the Project is outsideof, and does not affectresources within, theCMP boundary.

Louisiana Louisiana Departmentof EnvironmentalQuality

LAC Title 33,Part IX,Subpart I,Chapter 15

Water Quality Certification(Section 401 of the CleanWater Act)

Request will be submittedfollowing the filing of thefinal license applicationwith FERC.

N/A La. Rev. Stat.§ 38:2325.

Right to conserve, store,control, preserve, utilize,and distribute waters of theSabine River

Existing statutory rightsare sufficient to operatethe Project as proposed inthis application.

Louisiana Departmentof Natural Resources,Office of CoastalManagement (LOCM)

La. Rev. Stat.§ 49:214:21to 49:214.39

Louisiana Coastal Zone No federal consistencycertification ordetermination is required,as the Project is outsideof, and does not affect,Louisiana’s coastal zone.A coastal zone permit isnot required.

In addition to the state laws referenced above, the Project also is subject to the SabineRiver Compact, Pub. L. No. 82-578, 68 Stat. 690 (1954), an interstate compact between



Texas and Louisiana, approved by Congress, regarding the allocation of the waters of theSabine River Basin between the two states. The Compact equitably apportions the watersof the Sabine River between Louisiana and Texas. A copy of the Sabine River Compactappears at Attachment 3.

(5)(ii)The steps which the applicant has taken or plans to take to comply with each of the lawscited above.

Sabine River Compact

The operation of the Toledo Bend Project for water supply purposes provides a dependableyield of 1,868,000 gallons per day, equally shared by SRA-TX and SRA-LA pursuant toand in compliance with the Sabine River Compact. Similarly, the yield of the Toledo BendReservoir (2,086,600 ac-ft/yr) is equally divided between Texas and Louisiana (Freese andNichols 19991), as envisioned by the Compact.

Water Quality

Pursuant to 18 C.F.R § 5.23, the Authorities are subject to water quality certification fromthe Louisiana Department of Environmental Quality (LDEQ) and Texas Commission onEnvironmental Quality (TCEQ) pursuant to Section 401(a)(1) of the federal Clean WaterAct (CWA). The Authorities will apply for the water quality certifications no later than 60days after FERC issues the notice of acceptance and ready for environmental analysis.

Coastal Zone Management Act Consistency Certification

The Toledo Bend Project is outside the designated coastal zone in both Texas andLouisiana, and the operation of the Project does not affect resources within the designatedcoastal zone in either state. The relicensing of the Project, therefore, is not subject toconsistency certification under the Coastal Zone Management Act. By letter dated August9, 2011, the Louisiana Office of Coastal Management stated: “based on the location of theProject and the information described in the draft license application, the LOCM hasconcluded that the Commission's issuance of a new license for the continued operation andmaintenance of the Project will not adversely affect coastal resources. The Project is not inand will not affect the coastal zone. Provided the operations remain unchanged, this actionis not subject to a consistency review under La. Rev. Stat. 214.32 and no consistencycertification is required.” By letter dated September 16, 2011, the Texas CoastalCoordination Council stated: “it has been determined that the project referenced above[the Toledo Bend Project] is outside the Texas Coastal Management Program (CMP)boundary. Therefore, it is not subject to consistency review under the Texas CMP.”Copies of these letters appear at Attachment 4.

1 Freese and Nichols, Inc. 1999. Comprehensive Sabine Watershed Management Plan. Prepared for the SabineRiver Authority of Texas in conjunction with the Texas Water Development Board. Contract #97-483-214.



Water Rights

The Authorities possess all of the necessary water rights to operate the Project as proposedin this application as discussed below.

State Water Rights (Texas)

On September 23, 1961, Permit No. 1994 was issued to the SRA-TX that grants the rightto create Toledo Bend Reservoir with a gross storage capacity of 4,477,000 ac-ft (TCEQ19612). The permit also states that SRA-TX can divert a total of 750,000 ac-ft of water peryear for the following uses:

■ 100,000 ac-ft for municipal uses;■ 600,000 ac-ft for industrial uses; and■ 50,000 ac-ft for irrigation uses.

By the 1961 permit, SRA-TX also was permitted to make non-consumptive use of waterfor the purpose of hydroelectric power generation not to exceed 16,000 cubic feet persecond (cfs) and to use the bed and banks of the Sabine River to convey water. As part ofthe permit, the SRA-TX was required to construct a 100-square-foot sluiceway in the damto insure water for delivery of downstream senior water rights.

On October 30, 1974, the SRA-TX was authorized under Permit No. 1994A to transfer80,000 ac-ft of water per year to the Neches River basin (TCEQ 19743).

On April 29, 1986, Permit No. 1994B was issued stating that SRA-TX was authorized toconstruct an additional hydroelectric generating unit which was never implemented(TCEQ 1986a4). This permit also authorized SRA-TX to “change the release rate from16,000 to 21,000 cfs for combined generating units.”

On December 16, 1986, Certificate of Adjudication No. 05-4658 was issued to SRA-TX,which consolidated the previously issued water rights permits and set forth the followingconditions (TCEQ 1986b5):

■ SRA-TX can impound 4,477,000 ac-ft of water;■ SRA-TX can divert water for the following uses:

– 100,000 ac-ft for municipal uses;– 600,000 ac-ft for industrial uses; and– 50,000 ac-ft for irrigation uses.

■ A total of 80,000 ac-ft of the water uses described above can be diverted to theNeches Basin for municipal/industrial use;

■ SRA-TX can divert water for hydroelectric generation not to exceed 21,000 cfs;■ SRA-TX can use impounded waters for recreation purposes;

2 Texas Commission on Environmental Quality. 1961. Permit #1994. Water Rights Permitting Section.3 Texas Commission on Environmental Quality. 1974. Permit #1994A. Water Rights Permitting Section.4 Texas Commission on Environmental Quality. 1986a. Permit #1994B. Water Rights Permitting Section.5 Texas Commission on Environmental Quality. 1986b. Certificate of Adjudication No. 05-4658. Water Rights

Permitting Section.



■ SRA-TX can use bed and banks for downstream delivery of water; and■ The impoundment of water in the reservoir for hydroelectric purposes is subordinate

to the impoundment of water for municipal, industrial, and irrigation purposes.

State Water Rights (Louisiana)

Louisiana’s system of water law is set forth in the Louisiana civil code and is similar to ariparian system. Free flowing waters (i.e., surface waters) are considered state ownedexcept where riparian claims have been made. With regard to the Sabine River basin, theLouisiana State Legislature, in creating the SRA-LA, authorized SRA-LA, among otherthings, to conserve, store, control, preserve, utilize, and distribute the waters of the riversand streams of the Sabine watershed.

To maintain downstream flow and improve lake access surrounding the Toledo BendReservoir, the Louisiana State Legislature amended existing statutes to restrict the use ofhydroelectric power to water levels in the reservoir above 168 feet, subject to certainexceptions.

(6) Name and address of the owner of existing Project Facilities:

Sabine River Authority of Texas Sabine River Authority, State of LouisianaP.O. Box 579 15091 Texas HighwayOrange TX, 77631-0579 Many, LA 71449-5718

The dam associated with the Project is not federally owned or operated.



Additional Information Required by 18 C.F.R. § 5.18(a)

(1) Identify every person, citizen, association of citizens, domestic corporation, municipality,or state that has or intends to obtain and will maintain any proprietary right necessary toconstruct, operate, or maintain the project:

The Authorities presently hold and will continue to hold the proprietary rights necessary tooperate and maintain the Project.

(2) Identify (providing names and mailing addresses):

(i) Every county and/or parish in which any part of the project, and any Federal facilities thatwould be used by the project would be located:

Panola County110 S. Sycamore, Room 216ACarthage, Texas 75633

Shelby County200 San Augustine, Box 6Center, Texas 75935

De Soto ParishP.O. Box 898Mansfield, Louisiana 71052

Vernon ParishP.O. Box 1548Leesville, Louisiana 71446

Sabine CountyP.O. Box 176Hemphill, Texas 75948

Newton County110 Court StreetP.O. Drawer JNewton, Texas 75966

Sabine Parish400 S. Capital StreetMany, Louisiana 71449

(ii) Every city, town, or similar local subdivision:

(A) In which any part of the project, and any Federal facilities that would be used by theproject, would be located:

The Project facilities are not located within the boundary of any city or town but arelocated on lands within the counties referenced above in item (2) (i).

(B) That has a population of 5,000 or more people and is located within 15 miles of the projectdam:

There are no towns of 5,000 or more people located within 15 miles of the Project dam.

(iii) Every irrigation district, drainage district, or similar special purpose political subdivision:

(A) In which any part of the project, and any Federal facilities that would be used by theproject, would be located:

Panola County Groundwater DistrictP.O. Box 826Carthage, Texas 75633



(B) That owns, operates, maintains, or uses any project facilities or any federal facilities thatwould be used by the project:

There are no irrigation districts, drainage districts, or similar special purpose politicalsubdivisions that own, operate, maintain, or use any project facilities or any federalfacilities that would be used by the Project.

(iv) Every other political subdivision in the general area of the project that there is reason tobelieve would likely be interested in, or affected by, the application:

City of Hemphill211 Starr StreetHemphill, Texas 79548

City of Pineland101 Dogwood StreetPineland, Texas 79568

City of Center617 Tenaha StreetCenter, Texas 75935

City of JoaquinP.O Box 237Joaquin, Texas 75954-0237

City of TenahaP.O Box 70Tenaha, Texas 75974

City of TimpsonP.O Box 369Timpson, Texas 75975-0369

City of Newton101 West North StreetNewton, Texas 75966

City of Carthage812 West Panola StreetCarthage, Texas 75633

City of San Augustine301 South Harrison StreetSan Augustine, Texas 75972

City of Converse209 W. Port AuthorConverse, Louisiana 71419

City of Many965 San Antonio AvenueMany, Louisiana 71449

City of Leesville101 West Lee StreetLeesville, Louisiana 71446

Town of ZwolleP.O. Box 1038Zwolle, Louisiana 71486

Town of LogansportP.O. Box 400Logansport, Louisiana 71048

Town of MansfieldP.O. Box 773Mansfield, Louisiana 71052

(v) All Indian tribes that may be affected by the project:

There are no Indian reservation lands within the Project Boundary or immediate Projectvicinity. The ancestral lands of the Alabama-Coushatta Tribe of Texas, the Caddo IndianTribe of Oklahoma, the Choctaw-Apache Tribe of Ebarb, and the Coushatta Tribe ofLouisiana encompass the Toledo Bend Project area. The Alabama Coushatta Tribe ofTexas, the Caddo Indian Tribe of Louisiana, and the Coushatta Tribe of Louisiana arelisted on the Federal Register (FR 68:68180-68184) as Indian Entities Recognized andEligible to Receive Services From the U.S. Bureau of Indian Affairs. The Choctaw-Apache Tribe of Ebarb is recognized by the State of Louisiana. The following Indiantribes have been contacted by the Authorities informing them of the relicensing:



Alabama-Coushatta Tribe of TexasMr. Carlos Bullock, Chairman571 State Park Rd. 56Livingston, TX 77351

Coushatta Tribe of LouisianaMr. Kevin Sickey, ChairmanP. O. Box 8181940 CC Bell RoadElton, LA 70532

Caddo Nation of OklahomaMs. Brenda Edwards, ChairpersonP.O. Box 487Binger, OK 73009

Choctaw-Apache Tribe of EbarbJohn W. Procell, ChairpersonP.O. Box 142835 Lonnie Rd.Zwolle, LA 71486

TOLEDO BEND PROJECT FERC NO. 2305 FINAL … Statement...Initial Statement Final License Application ... Power Act (FPA) and are claiming the status of an existing licensee under Section

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