#Drought news: Moderate and severe drought (D1 and D2) expanded over #Colorado’s E. plains, most of the W. U.S. received little to no rain

Click on a thumbnail graphic to view a gallery of drought data from the US Drought Monitor.

Click here to go to the US Drought Monitor website. Here’s an excerpt:

This Week’s Drought Summary

An active pattern of storms brought cold, wet weather to the Northeast, rain and locally severe thunderstorms to parts of the South, lower Midwest, and Southeast. Drought areas along the western Gulf Coast missed the heaviest rains, while those in the eastern half fared better. A ridge of high pressure over the West kept conditions warm and dry…

High Plains

Temperatures across the High Plains were generally warmer than normal last week with departures of 2 to 6 inches above normal. Much of the region received less than 0.5 inches of precipitation. Exceptions included parts of eastern North Dakota, South Dakota, and Nebraska, with totals of more than 1 inch, and eastern Kansas, with amounts of more than 2 inches – nearly 200% of normal. The warm, dry conditions led to an expansion of abnormal dryness (D0) in the Dakotas, southwest Nebraska, northwest Kansas, and eastern Colorado. Additionally, moderate and severe drought (D1 and D2) expanded over Colorado’s eastern plains. This area has failed to receive the timely spring rains needed, resulting in reductions in soil moisture, streamflow, and vegetation health. Across the entire High Plains region, local drought experts are discussing the emerging dryness and closely monitoring the situation as planting begins and the need for moisture increases…

West

Most of the western U.S. received little to no rain, except for small pockets of the Pacific Northwest and the Southwest. Temperatures were generally above normal, with record-setting heat across parts of the Southwest and daily highs of 10 to 20 degrees above normal. The heat and dry weather led to deteriorating conditions across several states. In Oregon, severe drought (D2) expanded near Portland and in the north-central part of the state in response to drying soils, vegetation stress, and streamflow and groundwater declines. Precipitation for the water year ranks as the third driest in the Portland station’s 89-year period of record. In northern California, moderate drought (D1) expanded. While the state coordination committee noted that reservoir levels are acceptable, precipitation deficits are less 50% of normal for the water year, streamflow values are low, and rangeland grasses have been affected by the lack of moisture and heat. Likewise, parts of central Nevada also saw expansions to D1 and the introduction of D2 in response to increasing moisture deficits, declining streamflow and groundwater levels, and vegetation stress. The only improvements on this week’s map included minor reductions in D1 in Oregon and D0 in Washington in response to locally heavy rainfall…

South

Locally heavy rain and thunderstorms fell across the eastern half of the southern region. The largest totals (4 inches or more) were recorded in Louisiana and Mississippi. Temperatures were near to below normal, with the largest departures (5 degrees below normal) recorded in Tennessee. For the most part, the rain either missed the drought areas near the coast or wasn’t enough to warrant improvements in conditions, instead preventing degradations. The western half of the region generally saw little or no rain again this week. Weekly average temperatures ranged from 2 to 8 degrees above normal, with locations in south Texas setting daily record highs with temperatures reaching triple digits. The warm, dry weather continued to deplete moisture supplies, stress vegetation, and deteriorate drought conditions across parts of the Texas Gulf Coast, with expansions to moderate (D1), severe (D2) and extreme (D3) drought. Texas also saw improvements as localized rain improved soil moisture, vegetation health, and streamflow…

Looking Ahead

The National Weather Service Weather Prediction Center forecast for the remainder of the week calls for continued wet conditions across much of the eastern U.S., with the highest values (more than 2 inches) expected over the Mid-Atlantic. Temperatures in the eastern half of the country are expected to be near to above normal, with departures of 1 to 8 degrees, over the weekend. For the western half of the country, areas expected to receive an inch or more of precipitation include parts of the Pacific Northwest, northern Rockies, and Central Plains. In the Southwest, dry weather with temperatures 10 to 15 degrees above normal is expected to continue. Moving into next week, the Climate Prediction Center 6-10 day outlook (valid May 5-9) favors below-normal temperatures for the much of eastern half of the country. Above-normal temperatures are expected throughout the West, the southern Plains, along the Gulf Coast, and throughout Florida. The greatest probabilities for above-normal precipitation are expected from northern Texas to the Middle Mississippi Valley and along the Mid-Atlantic and New England coasts.

US Drought Monitor one week change map ending April 28, 2020.

Environmental groups sue EPA over Clean Water Act rollback — The Palm Springs Desert Sun #WOTUS #DirtyWaterRule

Fen photo via the USFS

From The Palm Springs Desert Sun (Mark Olaide):

Two separate coalitions of environmental advocacy groups filed litigation on Wednesday against the U.S. Environmental Protection Agency and the Army Corps of Engineers challenging the Trump Administration’s rollback of the Clean Water Act.

At the core of the litigation is the definition of federally protected waterways, as recent changes in regulatory language have reduced legal protections for huge numbers of streams, especially around the arid West…

“This regulation is plainly unlawful. It violates the simple but powerful mandate of the Clean Water Act to protect the integrity of our nation’s waters,” Jon Devine, the Natural Resources Defense Council’s director of federal water policy, said in a statement announcing one of the legal petitions.

The NRDC — joined by seven other environmental groups from Wisconsin, New Mexico and elsewhere — filed a challenge in a federal district court in Massachusetts.

The other lawsuit was launched by more than a dozen national and local environmental organizations in the federal district court in South Carolina. It claims that the EPA and the Army Corps “neglected fundamental rulemaking requirements meant to constrain whimsical agency action.”

From The Coastal View (Jennifer Allen):

The Environmental Protection Agency and the Department of the Army published April 21 in the Federal Register the final replacement rule defining what waters are federally regulated under the Clean Water Act. The rule, which is set to take effect June 22, had been met with both support and promises of legal action.
The EPA and Department of the Army have 60 days to respond to the lawsuit.

The groups that joined in the legal challenge include the North Carolina Coastal Federation, which publishes Coastal Review Online, along with American Rivers, Charleston Waterkeeper, Chattahoochee Riverkeeper, Clean Water Action, Defenders of Wildlife, Environment America, Friends of the Rappahannock, James River Association, National Wildlife Federation, North Carolina Wildlife Federation, Public Employees for Environmental Responsibility, Roanoke River Basin Association and South Carolina Coastal Conservation League.

“We are particularly concerned that many wetlands along our coast will no longer be regulated by the federal government,” said Todd Miller, executive director of the Coastal Federation.

“These areas include pocosins, Carolina Bays and other forested wetlands. These wetlands protect water quality in our coastal estuaries and reduce floods during storms. Current wetland rules, that have been in place for decades, balance the needs of landowners with these environmental and economic benefits,” he continued. “Losing this oversight by adoption of these new rules will result in more water pollution, less fish, and more costly disasters in coming years.”

[…]

The administration’s Navigable Waters Protection Rule is the second step in revising the definition of the scope of waters subject to federal regulation under the Clean Water Act and repeals the 2015 Clean Water Rule: Definition of “Waters of the United States,” often called “WOTUS.” The final rule “recognizes that waters of the United States are those within the ordinary meaning of the term, such as oceans, rivers, streams, lakes, ponds, and wetlands, and that not all waters are waters of the United States,” according to the April 21 document.

The final rule specifically states that waters of the United States do not include groundwater; ephemeral, or impermanent, streams, swales, gullies, rills and pools made by rain; diffuse stormwater runoff, which is rainwater that spreads across the landscape, and features that control stormwater; previously converted croplands; ditches that are not traditional navigable waters, tributaries, or that are not constructed in adjacent wetlands; and other exclusions.

2020 #COleg: @GovofCO Polis signs five major water bills into law: instream flows, anti-speculating, and more

State Capitol May 12, 2018 via Aspen Journalism

From Water Education Colorado (Larry Morandi):

Gov. Jared Polis, even as COVID-19 swept across the state, gave his stamp of approval to five major pieces of water legislation, paving the way for everything from more water for environmental streamflows to a new study on how to limit water speculation.

Lawmakers announced March 13 that they would temporarily suspend work to comply with stay-at-home orders, and now plan to return May 18 to complete the session.

Signed into law in late March and early April, the new measures represent months if not years of negotiations between farm, environmental and legal interests that came to fruition this year thanks to hard-fought bipartisan agreements.

Three of the new laws address water for streams, fish and habitat, allowing more loans of water to bolster environmental flows, protecting such things as water for livestock from being appropriated for instream flows, and using an existing water management tool, known as an augmentation plan, to set aside water rights for streams.

Expanded instream flow loans

House Bill 1157 expands the state’s existing instream flow loan program, which allows a water right holder to loan water to the Colorado Water Conservation Board to preserve flows on streams where the state agency already holds an instream flow water right. The CWCB is the only entity in Colorado that can legally hold such rights, intended to benefit the environment by protecting a stream’s flows from being diverted below a certain level. Under existing law, a loan may be exercised for just three years in a single 10-year period.

The new law, however, expands the loan program by authorizing a loan to be used to improve as well as preserve flows, and increases the number of years it can be exercised from three to five, but for no more than three consecutive years. It also allows a loan to be renewed for two additional 10-year periods.

“This bill becoming law is crucial for our state’s rivers, our outdoor recreation businesses, and downstream agricultural users who depend on strong river flows,” said Rep. Dylan Roberts, D-Avon. After a similar bill he sponsored failed to pass last year, he said, “I knew I needed to work to bring more people to the table and improve the bill so we could garner the support we needed, and that is what we did. I am thrilled that we were able to get this done with strong bipartisan support.”

To ensure protection of existing water rights, House Bill 1157 increases the comment period on loan applications from 15 to 60 days; allows appeal of the State Engineer’s decision on a loan application to water court; and requires the CWCB to give preference to loans of stored water over loans of direct flow water where available.

“There’s no injury to other water uses. And there’s a methodology if someone feels they are injured they can go to the water referee in an expedited manner,” said Rep. Perry Will, R-New Castle and one of the bill’s sponsors.

Protecting existing water uses

House Bill 1159 provides a means for existing water uses, such as water for livestock, that have not been legally quantified to continue when an instream flow right downstream is designated. Current law is unclear as to whether preexisting uses that lack a court decree are protected. To provide clarity, the bill requires the State Engineer to confirm any claim of an existing use in administering the state’s instream flow program.

Augmentation of instream flows

House Bill 1037 authorizes the CWCB to use an acquired water right, whose historic consumptive use has been previously quantified and changed to include augmentation use, to increase river flows for environmental benefits. Farmers have long used so-called augmentation water to help offset their water use, particularly of groundwater, when that use is not in priority within Colorado’s water rights system. Now that same water can be used to boost environmental flows.

Anti-speculation study and water conservation in master planning

Beyond instream flows, Gov. Polis signed Senate Bill 48, which requires the Colorado Department of Natural Resources to form a working group to explore ways to strengthen anti-speculation laws. The agency must report its recommendations to the interim Water Resources Review Committee by Aug. 15, 2021.

Also signed into law was House Bill 1095, which authorizes counties and municipalities that have adopted master plans that contain a water supply element to include state water plan goals and conservation policies that may affect land development approvals.

Larry Morandi was formerly director of State Policy Research with the National Conference of State Legislatures in Denver, and is a frequent contributor to Fresh Water News. He can be reached at larrymorandi@comcast.net.