From The Fort Collins Coloradoan (Jacey Marmaduke):
A group of Northern Colorado water users and stakeholders is quietly piecing together a plan to prevent that from happening down the road. If the group’s efforts succeed, their plan could increase flows in the Poudre through Fort Collins and beyond. It could also mitigate the impacts of future water storage projects.
The project is somewhere between back-of-the-napkin and final draft stage, but the goal is to create a virtual barter market on the Poudre where cities, farmers and ditch companies can lend their water rights to a stretch of the river before taking it back further downstream. Fort Collins, Greeley, Thornton and other stakeholders are involved in the project, which has been in the works for years.
“All these diverse interests are collaborating and cooperating on an approach to help flows in the Poudre,” said Linda Bassi, the Colorado Water Conservation Board’s Stream and Lake Protection Section chief. “Everyone’s putting all their brain power into it to find a way to make it work.”
The Poudre starts running out of water as soon as it tumbles from the canyon mouth. More than 20 major diversions suck water from the river before it even gets to Fort Collins…
For decades, the river that fostered growth in Northern Colorado communities has been plagued with low flows and dry spots that hurt recreation, tourism, water quality and flood resilience.
Preserving river flows “is not just about ecology and fish,” Fort Collins Natural Areas Director John Stokes said. “It’s also about how we manage this volatile natural system in order to create all the co-benefits we care about.”
The cities, joined by the Cache la Poudre Water Users Association, Colorado Water Trust, Colorado Water Conservation Board and Northern Water, are parsing nearly 50 miles of the Poudre into five segments running from the canyon to the river’s confluence with the South Platte. They’re working together to decide target flows for each section and draft a water court application.
A lot of crucial details still need to be worked out: The water users involved in the plan need to identify “seed water” for the project and figure out where to release it and where to pick it back up. The organizers say it’s crucial to craft a plan that doesn’t infringe on other people’s water rights.
Putting the plan in action could take years, if it works. But Poudre water users have already spent decades trying to tackle the problem of low river flows.
The Poudre was the birthplace of western water law, a notoriously complex system that allows people who possess older or “senior” water rights to use their water before junior users. Seniority becomes important during dry times when there might not be any water left for the users at the end of the line.
Our water laws have allowed cities, farmers and industry to coexist along the Poudre, but the system can make it hard to keep water in the river.
“There really isn’t any water out there that isn’t going to be managed and used and owned by somebody,” Stokes said.
The Colorado Water Conservation Board is the only entity in the state allowed to hold a water right purely for the purpose of preserving or enhancing river flows. Everyone else must prove they’re using the water for something else, like municipal drinking supply or irrigation.
The board has a couple ways to protect water in rivers: It can create a new, junior water right, or it can buy an older water right from someone else.
“Both of those have limitations,” said Emily Hunt, water resources manager for city of Thornton. “Appropriating new water rights on a stream that’s already stressed isn’t going to get you very far, because you’re at the end of the line. And acquiring senior water rights requires a willing seller and money.”
The new approach is different because it would basically allow water users to temporarily sell or lease their water to the Colorado Water Conservation Board. That means the water would be protected from diversions or exchanges and the user that loaned the water would be able to take it back downstream.
“There’s currently no mechanism to protect that flow from point A to point B,” Hunt said. “That’s the real issue. If entities are going to voluntarily do this, we want to make sure the water is protected.”
The planning group was born as a sub-group of the local Poudre Runs Through It work group. Colorado Water Trust, a statewide group that works to restore river flows, pitched the concept. It’s essentially a scaled-up version of the program that allows the Colorado Water Conservation Board to purchase senior water rights, said Zach Smith, Colorado Water Trust’s staff attorney.
Building the legal foundation for the water transactions ahead of time will simplify the process, and the program will also offer flexibility because people who participate won’t be obligated to put water in the program every year, Smith said.
“Colorado already has a water market,” Smith said. “Water rights are property rights, and they’re bought and sold all the time. A program like this just gives the environment a seat at the table.”
The group could submit its application to Colorado water court as early as next year. Group leaders plan to conduct more outreach with Poudre River water users to help them nail down the specifics of the plan.
“People are committed to solving the problem,” Hunt said. “This is one approach. It has some legs and we hope it keeps them, but by no means are we there yet.”