Coordinated watershed restoration and protection strategy for Oklahoma's impaired scenic rivers (per 82 O.S. section 1457 as amended by Senate Bill 972 in 2002)

              Coordinated Watershed Restoration and Protection
Strategy for Oklahoma’s Impaired Scenic Rivers
(per 82 O.S. §1457 as amended by Senate Bill 972 in 2002)
● 2010 Update ●
Coordinated and Prepared By:
Office of the Secretary of Environment
Gary L. Sherrer, Secretary of Environment
3800 North Classen Boulevard
Oklahoma City, Oklahoma 73118
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 2
During its 2002 Session, the Legislature passed Senate Bill 972, which charged the Secretary of
Environment with coordinating with the other state environmental agencies to develop a
“watershed restoration and protection strategy for each impaired scenic river in this state”
(“Strategy”). In particular, the Strategy was to list “all permitted or registered water pollution
sources,” and to describe the efforts of state environmental agencies to identify and mitigate
pollutants causing impairment of these most treasured watersheds.
This information is required in subsequent annual reports in order to check the progress of
actions initiated by the state environmental agencies in their efforts to restore and protect
Oklahoma’s Scenic Rivers. These annual reports (“Updates”) are to be coordinated and
compiled by the Secretary of Environment and submitted to the Governor, the President Pro
Tempore of the Senate, and the Speaker of the House of Representatives. This report
constitutes the 2010 Update.
The Oklahoma Legislature resolved to protect a handful of treasured streams when in 1970, it
passed the “Scenic Rivers Act” (82 O.S. 1451-1471) as a means to identify and preserve the
unique characteristics and uses of the state’s most scenic streams. This same legislation
identified four streams to be designated as “Scenic River Areas”: Flint Creek, Illinois River,
Barren Fork Creek, and Upper Mountain Fork River. In 1975, the Legislature added Lee Creek
and Little Lee Creek. The primary purpose of the Scenic Rivers Act, and the subsequent water
quality standards regulations promulgated pursuant thereto, is to preserve the high quality and
unique characteristics of these outstanding resource waters.
Recent water quality data collected by the Oklahoma Water Resources Board (“OWRB”) at its
Beneficial Use Monitoring Program (“BUMP”) permanent monitoring stations and the Oklahoma
Conservation Commission (“OCC”) at its Rotating Basin Monitoring Program permanent
monitoring stations indicate that water quality is presently impaired in Flint Creek, Barren Fork
Creek, and the Illinois River (all within the Illinois River watershed), as well as in Lee Creek,
Little Lee Creek and the Upper Mountain Fork River. The most recent data and information are
included in the 2007-2008 BUMP Final Report, and these impairments are reflected in the
State’s 2010 Integrated Water Quality Report/303(d) list.
RESTORATION/PROTECTION EFFORTS
Since the 1970 enactment of the Scenic Rivers Act, the Oklahoma Legislature has placed special
emphasis on the protection of the state’s Scenic Rivers. Through a combination of cooperative
initiatives, coupled with administrative and legal actions, great strides have been made in the
effort to stem degradation of these treasured resources.
Over the past decade, the State has heightened efforts to restore and protect its Scenic Rivers,
notably through the development of a numeric phosphorus criterion in Oklahoma’s Water
Quality Standards (“OWQS”). The high level of cooperation and support of all state
environmental agencies, coupled with the solid technical justification derived from extensive
Restoration/Protection
The Scenic Rivers
Introduction
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 3
research, paved the way for State and U.S. Environmental Protection Agency (“EPA”) adoption
of a 0.037 mg/L phosphorus criterion to protect the state’s nutrient-imperiled Scenic Rivers.
With the numerical phosphorus criterion, the state now has an invaluable regulatory tool for
addressing nutrient loading to its Scenic Rivers.
For its part, the State of Arkansas expressed its concerns regarding the proposed criterion and
vehemently opposed its passage due to the regulatory implications on its municipalities and
industries as a result of a previous Supreme Court decision that held that downstream states’
water quality standards could be imposed upon upstream states. Shortly after Governor
Keating’s approval of the new OWQS in May of 2002, State officials from Oklahoma, Arkansas,
and EPA Region 6 met in an effort to reach agreement on necessary phosphorus reductions in
both states while, at the same time, avoiding what could be costly and protracted litigation.
Negotitations between Oklahoma, Arkansas, and EPA Region 6 resulted ina a statement of Joint
Principles and Actions (“Statement”) signed on December 18, 2003, which laid the groundwork
for future collaboration and cooperation in reducing phosphorus loading in the Scenic River
watersheds. The statement includes provisions regarding:
• Arkansas legislation on poultry waste and nutrient management
• Joint efforts to expand litter removal and reuse techniques
• Joint phosphorus index controlling land application of poultry litter
• Data collection regarding litter management
• Watershed monitoring
• Reopener provision regarding the Oklahoma Scenic River phosphorus criterion
• Arkansas and Oklahoma controls on point source, and
• Watershed planning.
Over the course of the negotiations, the major municipalities in Arkansas vowed to upgrade
their treatment facilities in order to meet the same 1 mg/L effluent limit for phosphorus that is
required of Oklahoma’s municipal dischargers in the Scenic River watersheds. Further, the
Arkansas General Assembly passed legislation in 2003 establishing a poultry regulatory program
somewhat like the one enacted by Oklahoma’s Legislature in 1998. In addition to regulation of
poultry waste, this Arkansas legislation seeks to regulate the land application of other nutrient
sources in vulnerable watersheds, including commercial fertilizer.
Albeit more encompassing in that it also regulates commercial fertilizer application, the
Arkansas legislation contains several provisions that allow for unregulated litter application
under certain circumstances. For example, the land application standards can be deferred if
“there is no alternative use for litter or there are no readily available, affordable alternative
nutrient supplies for which litter has been used” (Arkansas Code Title 15 § 20-1111(c)(2)).
What is more, poultry operators must be “adequately compensated” for the value of their litter
in order for a use other than land application to be considered an “alternative use” under the
Arkansas statute (Arkansas Code Title 15 § 20-1110(c)(2)). After approximately 18 months of
delay, Arkansas promulgated permanent rules to implement its new nutrient management
statutes in the fall of 2005. However, the prohibition against land application of poultry litter
except according to the requirements of an animal waste management plan was deferred until
January 2007.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 4
Because the majority of the phosphorus and bacterial pollution, stems from nonpoint sources,
efforts to restore the Scenic Rivers are obstructed by the lack of a similar commitment on the
part of the poultry integrator companies that operate in Scenic River watersheds. The single
largest contributor of nonpoint source phosphorus pollution is surplus poultry litter generated by
the integrators’ flocks. Thus, it is imperative that the poultry integrator companies take
responsibility for the safe disposal of surplus litter at their corporate-owned and contract
facilities in both states in order to remove one of the most significant sources of pollution in
Oklahoma’s Scenic Rivers. This is one of the specifically identified purposes of the State’s
current litigation.
Since Federal approval of the State’s numeric phosphorus criterion, Oklahoma is in a much
stronger position to utilize the Clean Water Act process and seek significant Scenic River
protections, including the drafting of watershed plans and, as needed, the total maximum daily
loads (“TMDL”) for each pollutant causing impairment. Either process can result in the
calculation of an “overall pollutant-specific load reduction” called for in 82 O.S. 2002, section
1457(B)(2)(a), which can serve as the target “to bring each impaired scenic river back into
compliance with water quality standards.” However, neither of these processes will be effective
without the cooperation of the State of Arkansas and the participation of those entities on both
sides of the border, such as the poultry integrator companies and municipal dischargers, which
contribute pollutants. Unfortunately, the inability of the states to agree on core issues, such as
a common approach for managing poultry waste, prevents such a joint effort.
A critical component of Oklahoma’s efforts to protect and restore the water quality in its Scenic
Rivers is the lawsuit it has brought against poultry integrators operating in the Illinois River
Basin. The suit seeks to force the integrators to take responsibility for the proper management
of poultry waste on both sides of the border and to work to undo the impact of pollution by
nutrients, bacteria, and other contaminants. The successful resolution of Oklahoma’s lawsuit
against the integrators will hopefully establish a more unified and effective approach throughout
the watershed.
Municipal/Industrial Sector
Both the Arkansas Department of Environmental Quality (“ADEQ”) and the Oklahoma
Department of Environmental Quality (“ODEQ”) will enforce the discharge permits issued
pursuant to the Statement of Joint Principles and Actions. In 2008, the ODEQ conducted
multiple inspections of wastewater treatment plants within Scenic River watersheds in an effort
to ensure compliance with permit requirements.
Other efforts of the ODEQ to restore and protect Scenic Rivers include the following:
• Tahlequah - DEQ has approved a small MS4 (municipal separate storm sewer system)
stormwater permit for Tahlequah which contains special requirements for monitoring and anti-degradation
safeguards. Tahlequah has been monitoring the quality of their stormwater
discharges since October, 2007. This information will be utilized to assess the effectiveness of
stormwater management measures and the need for any additional stormwater controls in the
future.
• Tahlequah - The Tahlequah Public Works Authority (TPWA) has implemented a
composting program for biosolids produced by their Wastewater Treatment Facility. The
material is mixed with wood chips and composted to produce a Class A compost
product. The compost is provided to homeowners for use in gardens and flowerbeds,
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 5
sold to plant nurseries, and used by the City of Tahlequah in parks and landscaping to
help establish vegetation on sewer and water line projects as well as reduce storm water
runoff. Much of the compost is used outside of the Illinois River Basin as well as
providing many benefits.
• DEQ has supported the EPA-led effort to develop updated water quality models for the
Illinois River watershed and Lake Tenkiller that are intended to result in one or more
TMDLs for the lake and impaired streams in the watershed. The focus of these efforts is
nutrients and associated dissolved oxygen impairments. The goal of the TMDLs is to
achieve the phosphorus standard for the Illinois River, the Flint Creek, and Baron Fork at
0.037 mg/L and chlorophyll-a standard for Lake Tenkiller at 10 μg/L. In 2010, DEQ
participated in the special project meeting of agency heads in Dallas, various workgroup
meetings and two public meetings related to this project. In addition to supplying EPA
and its contractor with data and existing model files, DEQ provided comments on their
data compilation report and model selection memo. In the process, DEQ secured a
confirmation from EPA that a TMDL for Lake Tenkiller remains a key objective of the
project in addition to TMDLs for the streams in the watershed. DEQ continues to
coordinate with EPA and their contractor to ensure the success of this effort.
• A significant effort has been made by DEQ to provide comments and information to
adjacent states concerning those wastewater activities that may have some impact on
our state waters, particularly our Scenic Rivers. By providing comments on proposed
permits, or simply providing supporting information to decision makers, DEQ works with
adjacent states to protect our waters. A few examples of proposed actions on which
DEQ has commented are:
o Arkansas proposed 303(d) list of impaired waters (2008 and 2010)
o Proposed renewal of discharge permit for the City of Rogers
o Proposed discharge permit for new Fayetteville sewage treatment facility
o Proposed renewal of discharge permit for America Electric Power (SWEPCO Lake)
o Proposed renewal of discharge permit for Prairie Grove
• Proposed new wastewater facility for the Northwest Arkansas Conservation Authority
(new since last update to the report). A significant effort was made assessing the likely
impacts on Oklahoma water quality from this major new discharge in the Illinois River
watershed. Several rounds of comments and objections were filed with EPA and the
Arkansas Department of Environmental Quality. A significantly more stringent limit for
phosphorus in this discharge was ultimately required by EPA. As a result of a private
party lawsuit against the new discharge, NACA agreed to implement the stricter
phosphorus limit upon beginning operation of the new facility rather than three (3)
years later as EPA had proposed.
• When considering 401 Water Quality Certification for Corps of Engineers (Corps)
nationwide permits (404 dredge and fill operations) within Scenic River watersheds, DEQ
continues to evaluate unique conditions to determine if additional justification is required
or if certification denial is warranted.
• Targeted training is provided to local DEQ staff on addressing issues that are unique to
Scenic River watersheds. This proactive step allows for a prompt and appropriate DEQ
response to situations that arise.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 6
• DEQ continues to investigate complaints and to pursue enforcement, where warranted,
within Scenic River watersheds. A few examples of such actions are as follows:
o Provided assistance to the Corp of Engineers concerning a complaint regarding
gravel mining near Watts, Oklahoma. The property owner restored the site and
ceased any such operations in the future
o Assisted the Cherokee Nation in January 2010 regarding the demolition of an
acquired building in Tahlequah and the construction a new building
o Technical assistance was provide to the Park Hill gravel removal site near
Tahlequah in February 2010 and the matter was resolved without formal
enforcement action
o The DEQ received a complaint of construction taking place within Black Fox
Hollow Creek. An inspection was performed on October 21, 2009, and a Notice
of Violation was issued on November 23, 2009. The DEQ issued a Consent Order
on February 16, 2010, in an effort to address the violations identified at the site.
A settlement has been offered and executed
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 7
Agricultural Sector
The Oklahoma Department of Agriculture, Food, & Forestry (“ODAFF”) has the authority to
ensure compliance with the revised nutrient management plans at registered poultry feeding
operations in Oklahoma.
Except for two nurseries, none of the agricultural related activities under ODAFF’s jurisdiction
have permits to discharge to Scenic Rivers. However, land application of poultry waste or other
agricultural waste above the agronomic rates or applying on land already saturated with
nutrients yields polluted runoff contributing to the degradation of water quality in the Scenic
Rivers. In addition to nutrients, land application of poultry waste introduces bacteria and other
pollutants into Scenic River watersheds. The irrigation tail-water return flow from plant
nurseries in the Illinois River watershed could also contribute to the degradation of the water
quality of the Scenic Rivers.
Tasks performed by ODAFF in an effort to restore and protect Scenic River watersheds
included:
For Poultry Operations:
• Assisted growers in developing Animal Waste/Nutrient Management Plans. Two
ODAFF contract soil scientists have written 933 Animal Waste Management Plans for
Poultry Feeding Operations (PFO); while ODAFF/NRCS’s engineers and
environmental specialists have developed 139 Comprehensive Nutrient Management
Plans (CNMPs) for PFOs state-wide.
• Conducted inspections of all poultry operations located in the watersheds; 59
inspections were performed by ODAFF poultry inspectors in fiscal year (FY) 2010
(from July 1, 2009 to June 30, 2010). Also 29 follow-up inspections were conducted
during that time period.
• Provided 126 technical assistances in FY 2010 to the PFOs in the watershed.
• Performed 33 complaint investigations and took enforcement/compliance actions
against 12 PFOs and/or Poultry Waste Applicators located or operated in the
watersheds violating poultry statutes and rules. Coordinated with intra and
interstate agencies/entities in developing CNMPs for facilities located in the impaired
watersheds. Agricultural Environmental Management Services (AEMS) Division of
ODAFF has signed a cooperative agreement with Natural Resources Conservation
Service (NRCS) of USDA to develop CNMPs for those operations applying for
Environmental Quality Incentives Program (EQIP) funds to install conservation
measures at their facilities. Under this agreement CNMPs have been and are being
developed by AEMS staff.
• Received a Pollution Prevention (P2) grant with EPA to provide training and technical
assistance to PFO growers to implement Best Management Plans at their farms in order to
control pollution at the source. Under this grant, soil sampling of all fields at the farms will be
conducted by our inspectors to assess phosphorus contents of the soil in all fields where litter
was spread. EPA has awarded the grant to ODAFF in October 2010 with a project period from
October 2010 to September 2013
• Continued to pursue cost-effective alternative methods of disposal of excess litter
through Oklahoma Litter Market Website. This website connects buyers and sellers
of poultry litter together.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 8
• Continued assisting growers in developing Animal Waste Management Plans (AWMP)
and/or Nutrient Management Plans (NMP).
• Accelerated inspection and enforcement actions against violators of the Registered
Poultry Feeding Operations Act and Poultry Waste Applicators Certification Act and
the permanent rules, and those who do not comply with requirements of Animal
Waste/Nutrient Management Plans.
• Evaluated the possibility of the pursuit of the following research and development
projects:
o An assessment of technical, economical and environmental impacts of using
poultry waste as direct-burn and blended source of energy in coal-fired
power plants in Oklahoma. AES Shady Point Power Plant is actively pursuing
the use of poultry litter as blended source of energy at either their existing
generation plant or in a stand-alone facility. They hope to begin this activity
this year or next.
o Evaluation of the impact of land application of poultry waste on water bodies
located in the vicinity of application sites.
For Nursery Operations:
• Monitored nursery operations monthly for nitrate-nitrogen, total-phosphorous and
pesticides from 1989 to 2001. Results have been published in The Curtis Report
1989 –1992, 1993, 1994, 1995, 1996, 1997.
• Signed voluntary compliance agreements with nursery operations to reduce nutrient
loading.
• Started monitoring nurseries again since 2008 to determine if any irrigation return
flow is entering the Illinois River. If return flow is entering the river then the water is
sampled and analyzed for nutrients and pesticides.
• Notified nurseries when they were out of compliance.
Based upon its inspection and oversight activities, ODAFF evaluated and assessed the impact of
its regulated activities in the Scenic River watersheds:
Poultry Farms
• There are 85 poultry operations (more than half raising broilers) registered with ODAFF,
consisting of 71 operations in the Upper Illinois River (“UIR”) watershed encompassing
parts of Adair County, Cherokee County and Delaware County; 1 operations in the Lee
Creek/Little Lee Creek (“LLC”) watershed encompassing parts of Adair, Leflore and
Sequoyah Counties; and 13 operations in the Upper Mountain Fork (“UMF”) watershed
encompassing part of McCurtain County. Registration information suggests that these
operations manage a total of 392 houses with 372 houses and 7,283,330 birds in UIR
watershed, 4 houses and 100,000 birds in LLC watershed, and 16 houses and 179,000
birds in UMF watershed.
The total number of operations decreased from 87 to 85 PFOs this year; while the total
number of houses increased from 380 to 392 houses, an increase of 2.7%. The trend of
the industry is building larger houses with more bird space than before. The total
number of bird spaces increased about 2.9% in UIR watershed, decreased 12% in LLC
watershed; and satyed the same in UMF watershed.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 9
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 10
• The majority of the poultry operations in the watersheds raise broilers, consequently
ODAFF has estimated the total amounts of litter and nutrients produced for all
operations based on the broiler production rate of 18 lbs of litter per year per space and
its nutrient values of 46 lbs of total nitrogen and 53 lbs of P2O5 per ton of litter.(1) The
estimated amount of litter and nutrients generated per year in the Oklahoma portion of
the different watersheds is listed in Table 1.
Table 1. Estimated annual amount of litter and nutrients generated in the Scenic River
watersheds in Oklahoma.(1)
Watershed Litter (ton) Total N (ton) P2O5 (ton) Phosphorus P (ton)
UIR 65,550 1,508 1,737 759
LLC 900 21 24 10
UMF 1,611 37 43 19
Total 68,061 1,566 1,804 788
(1)Table 11: Estimated Solid Manure Characteristics, Manure Characteristics, Manure
Management System Series, Midwest Plan Service (MWPS)-18, Section 1.
• Compared to last year, ODAFF estimates a increase (about 2.7%) in litter produced,
from 66,254 tons to 68061 tons, resulting in a increase in P2O5 generated: from 1,756
tons in 2009 to 1,804 tons in 2010.
• The above estimation is based on the actual bird space rather than the traditional
method of estimating based on a litter production rate of 125 tons per year per house.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 11
Since the houses are larger, the number of chicken spaces per house increase as well as
the amount of litter generated.
• The total amount of manure produced per the latter method would be 49,000 tons
(46,500 tons in UIR, 500 tons in LLC and 2,000 tons in UMF). Thus, the former method
is more appropriate in evaluating the impact of poultry industries in the watersheds. It
is also noted that the OSU (Oklahoma State University) Extension Fact Sheet F-2228
“Fertilizer Nutrients in Animal Manure” specified an average content of P2O5 of manure
in Oklahoma of 61lbs per ton of manure for broiler. Based on this phosphorus content
and the latter method for estimating manure produced of 49,000 tons, the total amount
of P2O5 generated in the watersheds would be 1,495 tons, compared to 1,804 tons per
the former method as presented in the above table. The difference between the two
methods is within 17%.
ODAFF inspectors collected soil samples for soil test phosphorus (“STP”) at poultry operations
located in several counties in the Scenic River watersheds in Summer and Fall of 2002. The
results indicated that more than 39% of samples collected exceeded the STP of 250. Samples
collected by ODAFF inspectors also indicated that more than 77% of the samples exceeded the
STP of 120, and more than 33% of the samples exceeded the STP of 300.
Under the EPA’s P2 grant awarded in 2010, our poultry inspectors will collect soil samples at all
fields, where litter was applied, of PFOs located in the eastern part of the state in the next three
years to get an updated picture of soil test phosphorus levels of land owned or leased by PFOs
and used, or potentially used for land application of litter. This would help regulators as well as
regulated communities in determining how much litter generated will be transferred out fo the
watershed.
• Since the above samples do not cover all lands located in the watersheds, that are either
being used as land application sites or that may be available for future land application
sites, the extra phosphorus loading, above and beyond the soil capacity for agronomic
use, could not be accurately estimated.
• Based on a threshold of STP of 250 and the results of soil tests collected by ODAFF
inspectors, we assumed that 39% of lands with STP of 250 located in the watersheds
that are being used for litter application are at capacity for P loading; thus, no more
litter should be applied on these lands. Numerous AEMS (Agricultural Environmental
Management Service Division) compliance letters have been sent in 2010 directing the
halt of the application of poultry waste on specific fields. Similarly, based on STP
thresholds of 120 and 300, and ODAFF’s inspectors soil test results, the percentage of
land at capacity for P loading would be 77% and 33% respectively. As a conservative
measure for pollution prevention at the source, it is estimated that the amounts of extra
poultry litter presented in Table 2, based on different STP thresholds of 120, 250 and
300, should either be transferred out of each watershed or be applied onto other
available lands in the watersheds.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 12
Table 2. Estimated amounts of extra poultry litter generated in Oklahoma, based upon
different soil test phosphorus thresholds, that should not be applied to traditionally used land
application fields.
Watershed Excess Litter
(STP 120)
Excess Litter
(STP 250)
Excess Litter
(STP 300)
UIR 50,474 tons 25,265 tons 21,632 tons
LLC 693 tons 351 tons 297 tons
UMF 1,240 tons 828 tons 532 tons
Total 52,407 tons 26,744 tons 22,461 tons
The percentage of lands at capacity for P loading and the estimated amount of excess litter
listed above will need to be revised once all STP data are submitted and verified by ODAFF
and/or additional STP samples are collected by ODAFF inspectors. These values will also be
reevaluated based on the updated STP thresholds, if any, recommended by NRCS and/or OSU.
Depending on the terrain and slopes of the sites, the proximity to the Scenic Rivers and the
nature and conditions of the intermediate zones between the sites and the waters, the impact
could be significant or negligible. Therefore, to accurately estimate the impact of agricultural
activities on water quality of Scenic Rivers, especially of the poultry operations in the
watersheds, in-stream monitoring stations to measure nutrient levels up and downstream of the
operations, above and below the operations and at the state line for monitoring of interstate
phosphorus contributions should be established. Monitoring data will also help in reevaluating
the effectiveness of pollution prevention measures applied in the watershed and the
appropriateness of currently recommended STP threshold values. In monitoring nutrient levels
at the edge of the operation fields or land application areas, site-specific STP threshold could be
developed for each watershed and put in use for stricter control of Phosphorus loading in the
watershed.
Nursery Operations
There are two large containerized plant nurseries along the Illinois River that have had irrigation
tail-water return flow enter the river. These operations were monitored monthly for nitrate-nitrogen,
total-phosphorous and pesticides from 1989 to 2001. One operation became totally
contained in 1998 and only has runoff leaving its property during large rainfall events. These
nurseries signed voluntary compliance agreements with ODAFF to reduce the yearly average
nitrate level in their discharge from a high of 27.99 mg/l NO3-N in 1989 to 10 mg/l in 1996.
They also agreed to reduce the Phosphorus (total) level down to 1 mg/l.
Beyond the aforementioned regulatory efforts to reduce pollution from municipal dischargers
and poultry operations, which together contribute the vast majority of the pollution to Scenic
Rivers, projects designed to enlist voluntary cooperation from watershed landowners continue
in the Scenic River watersheds. Such projects are designed to provide government cost-share
assistance for landowners to install best management practices (“BMPs”) that are designed to
reduce the pollutants causing impairment. Significant Clean Water Act §319(h), USDA
Environmental Quality Incentive Program (“EQIP”), and/or State Cost-Share Program monies
have been expended in both Arkansas and Oklahoma to reduce nutrient impacts on water
quality, particularly in the Illinois River watershed. Oklahoma hopes to continue working with
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 13
Arkansas on these essential nonpoint source pollution abatement projects in the future so that
voluntary efforts to reduce Scenic River impairment are intensified.
ODAFF Goals for Reducing Agricultural Impact to Scenic Rivers
• Goals:
o Phase 1: 50% reduction of potential agricultural sources, to be achieved in 5
years.
o Phase 2: 100% of significant potential agricultural sources, to be achieved in 10
years.
**Depending on resources available, the results of further soil sampling and the
assessment of the level of impact contributed by agricultural sources on the
watersheds, the above goals could be reevaluated in the future.
• Strategy to Achieve the Goals:
o For Poultry Operations:
􀂃 Evaluate the accuracy of STP data of lands located in the watersheds as
submitted by poultry applicators through required annual reports to
ODAFF; spot check the STPs, by conducting on site inspection and soil
sample collection. Notify the applicators of the additional future sites
with currently more than an STP of 250.
􀂃 Coordinate with growers in locating available lands in the watersheds
with STP less than 250 for future land application of litter. This will help
determine the amount of litter, if any, to be transferred out of the
basins/watersheds.
􀂃 Measure in-stream P levels upstream and downstream of the poultry
operations and/or litter land application sites by setting up monitoring
stations in the Scenic Rivers. Evaluate currently available OWRB’s BUMP
or USGS data on nutrient levels in the watersheds.
􀂃 Evaluate the above data to determine effectiveness of land application
restrictions, and the appropriateness of the recommended STP threshold
values.
􀂃 Select a typical litter land application site located within ¼ mile of a
scenic river, coordinate with grower and/or NRCS to monitor phosphorus
levels in the runoff water within 100 feet outside of the perimeter of the
land application field after storm events, and to measure the phosphorus
content of the soil of the field to determine the phosphorus amount
leaving the field, if any, in order to develop or adjust the STP threshold
specific for the watershed or sub-watershed.
o For Plant Nursery Operations:
􀂃 Monitor the irrigation return flow of the nurseries to maintain compliance
with the voluntary compliance agreements and the new in-stream total
phosphorus criteria of 0.037 mg/l.
􀂃 Monitor the river upstream and downstream from the nursery operations
to determine if impact to the river is occurring.
􀂃 Assist operations with developing management plans to reduce nutrient
loading.
�� A review of compliance agreements will be done if monitoring data
indicated phosphorus in the irrigation return flow is having an adverse
effect on the in-stream total phosphorus criteria.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 14
􀂃 Involve pesticide manufacturers if pesticides are detected in any irrigation
tail-water due to normal label use.
􀂃 Work toward total retention and recycling of the irrigation water with the
use of state and federal assistance within 10 years.
Poultry Litter Transfer in the Illinois River Watershed
The purpose of this project, which was begun in 2002 and has been supplemented multiple
times since, is to protect water quality in the Illinois River and Eucha-Spavinaw watersheds by
reducing land application of poultry litter through exportation. The latest iteration was
launched in late 2007 and uses lessons learned from the previous program to help expand the
litter market. Now, buyers are eligible to receive $0.03/ton/mile or up to $8/ton for litter
purchased from the Illinois River or Eucha/Spavinaw watersheds. Haulers and growers are not
subsidized through this program and buyers are responsible for locating their own sources and
haulers of litter.
This revamped program is administered by local Conservation Districts, which ensure buyers
complete the steps necessary to receive the subsidy. Conservation Districts who support the
program are eligible to receive up to $1.00/ton for the litter that moves to their district. In
return for these administrative fees, Conservation Districts process claims and advertise the
program. It is believed that this subsidy will help encourage cash-strapped districts to strongly
endorse the use of poultry litter as an alternative to commercial fertilizer. Many one-time users
of litter become repeat users; therefore, the intent of these subsidy programs is to get
producers hooked on the economic and agronomic benefits of litter such that they will continue
to purchase it beyond the life of the subsidy. Through the latest federally funded and now
exclusively state funded programs, a total of 82,213 tons of poultry litter have been moved out
of the Illinois River and Eucha-Spavinaw Watersheds between October 2007 and November
2009. Approximately $325,000 federal and $288,000 in state funds were spent to accomplish
this effort. In 2009, two poultry spreaders were purchased and are located at the Kay County
and Talihina Conservation Districts.
Conservation Reserve Enhancement Program
Oklahoma’s Conservation Reserve Enhancement Program is a partnership between local, state,
and federal partners (USDA/FSA & NRCS) to protect and improve water quality through
voluntary retirement of agricultural land under production in environmentally sensitive riparian
areas along streams and rivers. Landowners are paid an incentive to protect these areas for up
to 15 years. CREP is entirely voluntary, providing incentive payments to producers in priority
watersheds who enter a 10-15 year contract to fence off and protect riparian buffer areas along
streams in program zones. The CREP program requires a 20% non-federal match to receive
the federal dollars. In Oklahoma, OCC, City of Tulsa, Oklahoma Scenic Rivers Commission, FSA
and NRCS are currently utilizing the CREP program to restore and protect thousands of acres of
riparian area in the Oklahoma portion of the Illinois River and Eucha/Spavinaw watersheds.
Initial commitments (e.g. City of Tulsa, OSRC, and OCC program matching funds) are sufficient
to implement a $20.6 million dollar program in the Eucha/Spavinaw and Illinois River
Watersheds. This program is an excellent means to extend what are often short-term NPS
programs into 10-15 years, with a new source of federal funds.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 15
After its third year, two main endeavors appear to be driving an increased interest in CREP: a
stepped-up effort to contact landowners individually through letters and word of mouth
between neighbors.
The following overall accomplishments have taken place since 2007:
• 119 applications have been taken
• 117 site visits have occurred
• 44 contracts have been approved and 19 are pending approval
• 468 acres are enrolled in CREP and 431 acres are pending enrollment
• 27,455 bare root seedling trees were planted
• 16,842 linear feet of fencing was installed
• $785,123 has been spent on installation of conservation practices
Public Outreach
During FY2010, the project coordinator and plan writers (OCC staff) have been busy contacting
landowners. Nearly 400 letters were sent out to eligible landowners. CREP staff attended 6
poultry meetings, 3 local cattlemen association meetings. Also, staff spoke and/or assisted at
annual NRCS public outreach meetings and a water quality day camp on the Illinois River.
Illinois River Supplemental Project
An effort to extend and compliment ongoing non-point source (NPS) management efforts in the
Illinois River watershed began in 2008. This program provides match and complements the
Conservation Reserve Enhancement Program (CREP) with focus on riparian area protection.
The project area encompasses Delaware, Adair, Cherokee, and Sequoyah Counties in the Illinois
River Watershed. The project focuses on protecting areas that are not eligible for CREP,
therefore extending the impact of the CREP program.
As of December 2010, the program has spent $1,403,313 to implement best
management practices. A total of 130 contracts have been approved and 58
conservation plans have been written.
Illinois River 319 Implementation Project
Completed Best Management Practices January 2010-
December 2010 2008-2010
Riparian acres excluded/ protected 573 681
Riparian fencing (feet) 18,384 36,783
Ponds 2 3
Waste storage/ winter feeding facilities and cake-out
litter storage buildings 2 9
Cross-fencing (feet) 16,066 41,398
Watering facilities, tanks 16 47
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 16
Wells 3 12
Heavy use areas (gravel or concrete) 22 75
Rural waste replacements (septic systems) 22 61
Monitoring
CREP and Illinois River Supplemental
To evaluate implementation effects on stream water quality resulting from CREP and the
extended Illinois River Watershed Projects, OCC initiated a strategic monitoring plan this past
spring, implementing autosamplers at key locations in the program area (Figure 4). The
monitoring design follows methods which utilize a paired or nested watershed monitoring
scheme. Use of autosamplers allows for a continuous assessment of both a true average
concentration of constituents in the stream water and continuous discharge data, both crucial to
calculating the accurate loading estimates necessary to account for changes in the water quality
brought about in relatively short project timeframes. Routine physico-chemical, instream
habitat, and biological sampling are also conducted at monitoring sites. Data from this
monitoring program will be used to evaluate changes in key parameters (particularly nutrients)
over time throughout the fifteen year lifespan of the CREP program.
ÊÚÊÚ ÊÚ
ÊÚ
ÊÚ
ÊÚ
ÊÚ
Oklahoma
Arkansas
Benton Co.
Delaware Co.
Washington Co.
Adair Co.
Crawford Co.
Sequoyah Co.
Cherokee Co.
Mayes Co.
Beaty Cr.
Spavinaw Cr.
Flint Cr.
Caney Cr.
Baron Fork
Baron Fork @ state line
Illinois River Watershed
Spavinaw Watershed
ÊÚ Autosampler Sites 2009-10
CREP Monitoring Sites
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 17
Recreational Sector
As the only State agency created with the specific charge of protecting the Illinois River and its
tributaries, the Oklahoma Scenic Rivers Commission (“OSRC”) has been extremely active in all
watershed efforts, particularly in policing the rivers and educating users about the value of
Scenic Rivers. Over the course of the year, the OSRC has evaluated every aspect of OSRC
Operations to eliminate unnecessary expenditures and to make operations as efficient as
possible in meeting their mission. Over the course of 2010, OSRC reports the following
milestones and successes:
• Provided public facilities and services to more than 500,000 individuals visiting Barren
Fork Creek, Flint Creek, and the Illinois River areas
• July 1, 2010thru December 31, 2010 150,000 people floated the Illinois River
• 65,000 Trash Bags distributed “free-of-charge” to river visitors
• Maintained trash abatement and maintenance services in public access areas everyday
of the year except Christmas Day
o 60,980 pounds of trash collected by OSRC Staff
o 2 - River Clean-Up Events with over 200 participants
o 16,840 gallons of wastewater collected and properly disposed from 12 Pit Toilet
and 13 Portable Toilet Facilities located in OSRC-managed public access areas
• OSRC Staff recycled aluminum, iron, and other recyclables that resulted in over $1,000
of revenue being generated back to the agency budget
• Education Outreach Coordinator, Rangers and Administrator spoke to 4,000+ individuals
regarding Water Quality and Safety
• Published Newsletters and Website to Public
• Provided 250+ Environmental Reviews for CDBG and other funded projects throughout
Oklahoma
• Communicated and cooperated with Illinois River Association, Illinois River Watershed
Partnership, Poultry Community Council, Poultry Partners, Save The Illinois River, Inc
(STIR), Sierra Club and The Nature Conservancy
• Fostered partnerships with sister state, federal and tribal agencies on many projects,
including the Oklahoma Department of Transportation and Oklahoma Department of
Wildlife Conservation to provide public access to scenic rivers, the state’s new
Conservation Reserve Enhancement Program administered by the Oklahoma
Conservation Commission and bacteria/other issues education outreach program with
Oklahoma Department of Environmental Quality
• Provided assistance to co-manage the 556 acre Sparrow Hawk Primitive Area to reduce
cost to the Oklahoma Department of Wildlife Conservation
• River Rangers rescued 49 individuals in swift water rescue calls, one missing person,
located three people in need of assistance and evacuation, and assisted local fire
departments on five rescues
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 18
• River Rangers issued citations directly related to Scenic River impacts:
Littering a Scenic Stream 2
Possession of Glass Containers 4
Possession of Styrofoam Containers 2
Failure to have a PFD (Lifejacket) 1
Tying vessels together 1
Failure to purchase user fee 1
Alcohol or 3.2 Beer where prohibited 5
Off-Road Vehicles where prohibited 1
Driving on streambed for recreation 1
Total 18
*These totals are for the time period January 1, 2010 thru December 31, 2010 and do not
include an approximate 110 citations for public drunkenness, assault and battery and other
arrests/misdemeanor citations issued by OSRC River Rangers.
Mining Sector
The Oklahoma Department of Mines (“ODM”) has specific regulations governing gravel mining
operations on Oklahoma’s Scenic Rivers (at OAC 460:10-13-3 and 10-13-4). These guidelines
establish more stringent operational requirements for permitting and operation on Scenic Rivers
as defined by Oklahoma Statute, as well as other High Quality Waters and Outstanding
Resource Waters identified in Oklahoma’s Water Quality Standards.
Some of the operational requirements implemented by ODM as detailed in OAC 460:10-13-4
include:
a. Reference to other state required permits pertaining to the site.
b. Comply with all state water quality environmental laws when removing or stockpiling
gravel.
c. Mining in or driving into the wetted portion of the riverbed is prohibited.
d. Changing the course of the river is prohibited.
e. Maintain a 100-foot buffer of natural vegetation between the river’s edge and any
processing plant site other than normal access to the stream. If no plant is located on
the property, the operator shall take precautions to preserve stream bank integrity.
f. Where appropriate, BMPs such as sediment traps and fences shall be installed and
maintained to minimize sediment and spoil return to a stream.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 19
Prior to ODM permit issuance, the applicant also must submit approved copies of other state,
federal, and local government permits or licenses, (460:10-13-4). These permits include but
are not limited to:
• Stormwater permit
• Pollution prevention plan
• NPDES and/or OPDES
• Floodplain permit
• Stream water permit
• Copies of notifications sent to state and federal fish and wildlife agencies
• Army Corps of Engineers notification
• Closure plan
Finally, a stream water monitoring plan is required to be submitted and implemented prior to,
and during, mining operations. This rule allows for the use of any plan filed with other agencies
with jurisdiction.
There have been no surface or underground coal mining operations in the Illinois River
watershed for the past 20 years. Pursuant to OAC 460:20-27-11, 460:20-43-9, and 460:20-43-
12, all surface drainage and ground water seeps from area disturbed by coal mining and
reclamation activities must pass through a properly designed siltation structure/s before leaving
the permitted area. Discharges of water must also be in compliance with effluent limitations for
coal mining promulgated by ODEQ or the US Environmental Protection Agency set forth in 40
CFR, Part 434.
Oil & Gas
Historically, oil and gas activity near the scenic rivers has been extremely limited, and there has
been no activity in these watersheds during the past five years (Figure 2). The only recorded
well drilled near the Mountain Fork River was drilled in 1925.
The only recent oil and gas activity in a Scenic River Watershed is near Lee Creek. Of the 40
wells in Sequoyah County with new activity initiated from 2000 to 2005, seven were in the Lee
Creek watershed. These wells ranged from ¼ mile to 4 miles from Lee Creek. In April 2005,
Oklahoma Corporation Commission staff physically inspected the northeastern scenic rivers area
(Illinois River watershed, including the Flint Creek and Barren Fork tributaries, and near Lee
Creek). They found no new or unknown oil and gas drilling activity.
The Commission database shows thirty two complaints in Adair, Cherokee, Sequoyah and
Delaware counties since 2005, none specifically for problems involving the Scenic Rivers.
Commission complaints in Adair, Cherokee, and Delaware counties are usually for Petroleum
Storage Tank related problems. On in eastern Sequoyah County, near Lee Creek, have there
been oil and gas activity related complaints. All have been investigated and resolved.
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 20
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 21
SCENIC RIVER MONITORING
Closing the loop on water quality management involves intensive water quality monitoring,
which will be critical to providing answers regarding the success of measures taken to reverse
the impairment of Oklahoma’s Scenic Rivers. Monitoring is vital to establishing water quality
trends in the Scenic Rivers and to determining whether or not other impairments exist,
particularly in the Lee and Little Lee Creek watersheds where more data are needed. This same
long-term monitoring will ascertain the degree to which existing water quality standards
adequately protect the beneficial uses and antidegradation provisions assigned to the Scenic
Rivers. Any shortcomings in regulatory or voluntary tools employed to reverse impairment will
be identified through water quality monitoring, and modifications to those tools, including
possible water quality standards revisions and TMDL modifications, will result.
Under its Beneficial Use Monitoring Program, OWRB staff maintains several stations within the
Illinois River, Lee Creek, and Upper Mountain Fork River watersheds (Table 3). All but two of
the stations have been monitored since the program’s inception in November 1998. Caney
Creek near Barber was added in 1999 because of its potentially significant influence on Tenkiller
Lake. Lee Creek was added in 2002 so that all of Oklahoma’s Scenic Rivers could be adequately
monitored over the long-term. Although not included in Table 3, the Cherokee Nation Office of
Environmental Services (“CNOES”) is also monitoring Little Lee Creek at several locations.
Through cooperative agreements with the OWRB, OSRC, the USGS maintains stream flow
gauges in each watershed and conducts targeted water quality studies throughout the Illinois
River watershed.
Table 3. BUMP monitoring stations located in the Illinois River, Lee Creek, and Upper Mountain
Fork River watersheds.
STATION
I.D. STATION NAME COUNTY PERIOD OF
RECORD
AT197000 Barren Fork, SH 51, Eldon Cherokee 11/98-present
AT197360 Caney Creek, off SH 100, Barber Cherokee 9/99-present
AT196000 Flint Creek, US 412, Flint Delaware 11/98-present
AT195500 Illinois River, US 59, Watts Adair 11/98-present
AT196500 Illinois River, US 62, Tahlequah Cherokee 11/98-present
AT249800 Lee Creek, SH 101, Short Sequoyah 1/03-present
AT250040 Little Lee Creek, SH 101, Nicut Sequoyah 9/07-present
AT338750 Mountain Fork, SH 4, Smithville McCurtain 11/98-present
AT195865 Sager Creek, off US 412, West Siloam Springs Delaware 11/98-present
Recent water quality data collected by the OWRB at its Beneficial Use Monitoring Program
permanent monitoring stations indicate that water quality is presently impaired in Flint Creek,
Barren Fork Creek, and the Illinois River (all within the Illinois River watershed), as well as in
Lee Creek and the Upper Mountain Fork River. The most recent data and information are
included in the 2007-2008 BUMP Final Report, and these impairments are reflected in the
State’s 2008 Integrated Water Quality Report/303(d) list.
Monitoring
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 22
Continued monitoring and evaluation of Lake Tenkiller is equally important in understanding the
affects of watershed activities on water quality in the watershed, as well as in evaluating
whether pollution control efforts are achieving positive results. The OWRB's report titled
"Monitoring of Tenkiller Ferry Lake Near Horseshoe Bend and Caney Creek to Support Lake
Tenkiller TMDL and BMP Activities" clearly demonstrated that from 1998 through 2000, the total
phosphorus load at Horseshoe Bend of Lake Tenkiller not only failed to meet the interim goal of
40% reduction but was actually 124% of the established 1996 baseline load. The recently
published Arkansas-Oklahoma Arkansas River Compact Commission 2006 Report shows the
total phosphorus load to be even higher at 179% of the 1996 baseline load.
Sampling of Lake Tenkiller Ferry by the Corps of Engineers showed that a new and potentially
toxin-producing algae is present in the lake. Test results by the COE, OWRB, and OU Health
Sciences Center show that the blue-green algae Cylindrospermopsis raciborskii has colonized
Lake Tenkiller. Algae of the genus, Cylindrospermopsis have been known to produce the potent
cyanotoxin, cylindrospermopsin. Because of this potential, Lake Tenkiller was included in the
OWRB’s Harmful Algae Bloom (“HAB”) project. Here, BUMP lake sampling was leveraged to
allow a grab sample of algae community to be enumerated and compared against World Health
Organization criteria of risk due to recreational exposure. HAB algae samples were taken in
August 2004, March 2005, and May 2005 from five lacustrine zone sites in the lake. The overall
recreational risk in Lake Tenkiller due to HAB toxins was found to be moderate. Algae of the
genus Cylindrospermopsis and Aphanocapsa presented the greatest risk for cyanotoxin
production in Lake Tenkiller. Aphanocapsa is known to produce microcystin, a hepatotoxin.
Interestingly, the haptophyte, Chrysochromulina parva, was noted in the March 2005 samples.
This mixotrophic algae is in the same family and may fill the same ecological niche as its cousin,
Prymnesium parvum, or “golden algae”.
Tenkiller Ferry Lake was sampled for four quarters by the Oklahoma Water Resources Board,
from October 2005 through July 2006. OWRB summarized its findings as follows:
Tenkiller Ferry Lake was classified as eutrophic, indicative of high primary productivity
and nutrient levels (Plate 113). Water clarity was excellent during the study period and
may be attributed to the absence of inorganic turbidity (Plate 113) levels that are
commonly seen in most Oklahoma reservoirs. A trophic state index (TSI), using Carlson's
TSI (chlorophylla), was calculated using values collected at all sites for four quarters
(n=28). The average TSI was 55 classifying the lake as eutrophic, indicative of high
levels of primary productivity and nutrients. This value is similar to the TSI calculated in
both 2004 and 2002 (TSI=56), indicating no significant change in productivity. TSI
values varied by site and season with lower values generally occurring in the lower end
of the lake near the dam. At the upper end of the lake TSI values were generally mid to
upper-eutrophic throughout the year. All turbidity values were well below the Oklahoma
Water Quality Standard (WQS) of 25 NTU, therefore meeting the FWP beneficial use as
it relates to turbidity. All of the true color values were well below the numeric criteria of
70 units and the Aesthetics beneficial use is considered fully supported. Tenkiller Ferry
Lake was supporting its FWP beneficial use based on nephelometric turbidity and
partially supporting the beneficial use based on low D.O. concentrations in the water
column. The low D.O. values observed in the summer at several sites are a cause for
concern and should be studied further. Bacteriological samples were also collected to
assess the Primary Body Contact Recreation (PBCR) beneficial use. Samples were
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 23
collected at five sites throughout the lake for E.coli, fecal coliform, and enterococci
during the recreation season of May through September 2006. Although all sample
results were below both the screening level and geometric mean, the minimum data
requirements for each segment were not met and an assessment of the PBCR beneficial
use cannot be made at this time.
In addition, the Oklahoma Water Resources Board initiated a probabilistic sampling program
within the Illinois River basin in the summer of 2007. The main project goal is to establish
baseline biological conditions throughout the watershed on the Illinois River in Oklahoma.
Sampling involves data collection at 50 sites chosen randomly with sites encompassing all
stream sizes. The sampling entails three to four collection events over two sample years (25
sites per year), and for quality assurances purposes, 5 sites (or 10%) will be revisited during
each sample year. The final report for this project was released on July 31, 2010.
Parametric coverage for the probabilistic program is diverse with a variety of chemical
parameters collected and three biotic assemblages measured. The following table outlines the
varying collection events and frequencies. General index periods will include late spring/early
summer, mid/late summer, and winter. Fish will be collected sometime during the late spring
to mid summer. The two Benthic Macro-Invertebrate collections will occur in summer and
winter. Habitat measurement will be assemblage specific.
Table 4. Sample parameters for Illinois River Basin Probabilistic Sampling Program.
Parameter Collection Frequency
Physical and chemical field parameters During each collection
Chemical “lab samples” One collection
Benthic Macroinvertebrates Two collections
Benthic and Sestonic Chlorophyll-a Three collections
Total Phosphorus Three collections
Fish One collection
Flow With each assessment.
Habitat During each field collection (will have forms
tailored to the algal and macroinvertebrate
collections)
Bacteria One collection
In order to build upon the momentum of the State’s efforts to restore and protect Oklahoma’s
treasured Scenic Rivers, the support of the Oklahoma Legislature in providing adequate funding
and resources is vital. Continued support of the BUMP program has been crucial to the
coordinated efforts of the State. Continued support of the USGS monitoring and stream
gauging programs is critical to the data needs inherent to this effort, as well. Additionally,
routine monitoring of Lake Tenkiller should be resumed in order to determine the magnitude of
impact from continued phosphorus loading on its beneficial uses. The feasibility of mitigating
in-lake impacts should be revisited, as well, with an eye towards the potential of short-term
relief while efforts toward a long-term solution continue.
Oklahoma Water Quality Standards
Strategy to Restore & Protect Oklahoma’s Scenic Rivers – 2010 Update 24
Critical to managing water quality are suitable water quality standards and implementation
rules. The Oklahoma Water Resources Board adopted a criterion of 0.037 ug/L total
phosphorus to protect Oklahoma’s six Scenic Rivers in March 2002. EPA Region VI approved
the criterion in May 2004. This criterion has become the basis for substantial remedial efforts in
the watershed. OWRB has subsequently continued efforts to protect and restore the Scenic
Rivers with development of protocols and rules to determine if Scenic Rivers are impaired by
phosphorus. OWRB also has adopted a criterion to provide additional protection for the drinking
water use of Lake Tenkiller by adding a Nutrient Limited Watershed designation. OWRB also
adopted a 10 ug/l criterion for chlorophyll-a that applies to both Tenkiller Ferry and Broken Bow
Lakes.
The “Statement of Joint Principles and Actions” that enable EPA approval of the phosphorus
criterion include the following clause:
“Oklahoma periodically reevaluates all of its water quality standards. In particular,
Oklahoma will reevaluate Oklahoma’s 0.037 mg/l criterion for total phosphorus in
Oklahoma’s Scenic Rivers by 2012, based on the best scientific information available at
that time, and with the full, timely inclusion fo officials from the State of Arkansas
representing both point and non-point source dischargers.”
To complete reevaluation by 2012, the process must be initiated no later than the spring of
2011. As currently planned, the review will involve a Technical Advisory Group that includes
representation from Arkansas Soil and Water Conservation Commission, Arkansas Department
of Environmental Quality, Oklahoma Department of Agriculture, Food, and Forestry, Oklahoma
Conservation Commission, Oklahoma Department of Environmental Quality, Oklahoma Water
Resources Board, the Cherokee Nation, and EPA Region 6. The Best scientific information
available will be solicited with a formal hearing. The technical advisory group will review the
best scientific information acquired and make a recommendation to OWRB staff whether
additional criteria development is necessary.
CONCLUSION
For over three decades, the State of Oklahoma has worked diligently to ensure that its six
Scenic Rivers receive the protection and reverence that they deserve. Unfortunately,
Oklahomans have continued to see water quality deteriorate in many of these once pristine
systems. Indeed, the sheer magnitude of the population growth (both human and avian) in the
Illinois River watershed, in particular, coupled with the fact that the majority of the pollutant
loading stems from actions taken across state lines, often frustrates and masks the incremental
improvements made by the efforts of Oklahoma. With these realities in mind, it is incumbent
upon the State of Oklahoma to redouble its efforts to secure further pollutant reductions in the
Scenic River watersheds, both in Oklahoma and Arkansas.
Conclusion