@USBR Announces 2020 #ColoradoRiver Operating Conditions: #LakeMead operations = Normal or ICS Surplus Condition in Calendar Year 2020, #LakePowell operations = Upper Elevation Balancing Tier in Water Year 2020 #DCP #COriver #aridification

Lake Mead. Photo credit: Bureaus of Reclamation

Here’s the release from the Bureau of Reclamation (Patti Aron/Marlon Duke):

The Bureau of Reclamation today released its Colorado River Basin August 2019 24-Month Study, which sets the annual operations for Lake Mead and Lake Powell in 2020. Based on projections in the 24-Month Study, Lake Mead will operate in the Normal or ICS Surplus Condition in Calendar Year 2020 and Lake Powell will operate in the Upper Elevation Balancing Tier in Water Year 2020 (October 1, 2019 through September 30, 2020).

The Upper Basin experienced above average snowpack, and runoff was 145% of average this past spring, raising Lake Powell’s elevation by more than 50 feet since early April. Total Colorado River system storage today is 55% of capacity, up from 49% at this time last year. In addition, critical drought contingency plans adopted by the seven Basin States, federal government and Mexico earlier this year are now in place to reduce risks to the system.

“While we appreciate this year’s above average snowpack, one good year doesn’t mean the drought is over. We must remain vigilant,” said Commissioner Brenda Burman. “I applaud everyone who came together this year to get the drought contingency plans done. The additional actions under the contingency plans will help ensure the reliability of the Colorado River system for the 40 million people dependent upon it.”

The August 2019 24-Month Study projects Lake Mead’s January 1, 2020, elevation to be 1,089.4 feet, about 14 feet above the Lower Basin shortage determination trigger of 1,075 feet. Lake Powell’s January 1, 2020, elevation is projected to be 3,618.6 feet — 81 feet below full. Because Lake Mead is projected to begin the year below the drought contingency plans threshold of 1,090 feet, Arizona, Nevada and Mexico will make water savings contributions to Lake Mead in 2020.

Despite the above average 2019 snowpack, the Colorado River Basin continues to experience its worst 20-year drought on record, dating back to 2000. This 20-year period is also one of the driest in the 1,200-year paleo record. The August 2019 24-Month Study can be found at https://www.usbr.gov/lc/region/g4000/24mo.pdf

DCP’s Tier Zero Begins a New Era from the Central Arizona Project (Chuck Cullom):

Today, the U.S. Bureau of Reclamation issued its August 24-Month Study Report, a two-year outlook projecting water supply and operating conditions in the Lower Colorado River Basin..

The August Report defines, among other things, the operating conditions for Lake Mead for 2020, and includes the recently enacted Lower Basin Drought Contingency Plan (DCP). At the end of 2019, the projected Lake Mead elevation – the measuring stick for whether there is a shortage declaration on the river for 2020 – is just shy of 1090’. And, for the first time, the Lower Colorado River Basin will formally implement reductions outlined in the DCP at the new Tier Zero beginning January 2020.

What does this mean?

In short, it shows that in its first year, DCP is already working.

While the Basin experienced a stellar snowpack year and subsequent phenomenal run-off, because Lake Mead is projected to end 2019 below elevation 1090’, the Lower Basin States (Arizona, California and Nevada) will be in a DCP Tier Zero shortage condition next year. Under Tier Zero, Arizona’s Colorado River supplies will be reduced by 192,000 acre-feet; Nevada’s will be reduced by 8,000 acre-feet; and California takes no reductions. In addition, Mexico will reduce its water use by 41,000 acre-feet, due to Minute 323, an agreement under the 1944 Treaty for water users in both countries. [ed. emphasis mine] Because of Arizona’s Colorado River priority system and agreements amongst water users, the Central Arizona Project (CAP) will take 100% of Arizona’s reductions under Tier Zero. CAP’s supplies will be reduced by 192,000 acre-feet, representing 12% of its normal annual Colorado River water supply. For CAP customers, this means eliminating the water that would have been available for underground storage, banking and replenishment. Water going toward CAP agricultural uses will be reduced by about 15%.

The Tier Zero reduction to CAP, while significant, is largely equivalent to the amount of Colorado River water CAP has been leaving voluntarily in Lake Mead since 2015 as part of our Lake Mead Conservation Program. In essence, CAP and its water users have been planning and preparing for Tier Zero reductions for the past five years. The difference is that those previous contributions were voluntary – now, under DCP, these contributions are mandatory.

Through the DCP, Arizona continues to prepare for a drier future. This year, CAP, along with the Gila River Indian Community and the Colorado River Indian Tribes, is contributing and storing 236,000 acre-feet in Lake Mead. Next year, even with the Tier Zero reductions, these same water users, along with the Mohave Valley Irrigation and Drainage District, will continue to conserve and store additional water in Lake Mead. These efforts are part of Arizona’s plan to implement DCP developed collaboratively by the Arizona water community and legislative leaders. The plan balances the impacts of DCP amongst water users and provides additional protection to the Colorado River system, giving us a road map to follow for the next several years.

Tier zero cuts. Graphic credit: Central Arizona Project

From Arizona Central (Ian James):

Arizona, Nevada and Mexico will be required to take less water from the Colorado River for the first time next year under a set of agreements that aim to keep enough water in Lake Mead to reduce the risk of a crash.

The federal Bureau of Reclamation activated the mandatory reductions in water deliveries on Thursday when it released projections showing that as of Jan. 1, the level of Lake Mead will sit just below a threshold that triggers the cuts.

Arizona and Nevada agreed to leave a portion of their water allotments in the reservoir under a landmark deal with California called the Lower Basin Drought Contingency Plan, which the states’ representatives signed at Hoover Dam in May.

California agreed to contribute water at a lower trigger point if the reservoir continues to fall. And Mexico agreed under a separate accord to start contributing to help prop up Lake Mead, which is now 39 percent full…

Reservoirs were approaching levels last year that would have triggered a shortage and required deeper cuts, but heavy snow across much of the Rocky Mountains this winter boosted runoff and raised reservoir levels. The river’s reservoirs are now at 55% of total capacity, up from 49% at the same time last year.

But Lake Mead is still projected to be just below the threshold of 1,090 feet above sea level at the beginning of next year. That will put the reservoir in a zone called “Tier Zero,” at which the first cuts take effect.

“While we appreciate this year’s above-average snowpack, one good year doesn’t mean the drought is over. We must remain vigilant,” federal Reclamation Commissioner Brenda Burman said in a statement. She applauded the seven states that depend on the river for coming together to finish the set of drought-contingency plans. Burman said the actions laid out under those agreements “will help ensure the reliability of the Colorado River system for the 40 million people dependent upon it.”

Arizona will see a cut of 192,000 acre-feet in water deliveries next year, or 6.9% of its total allotment of 2.8 million acre-feet. Nevada’s share will be reduced by 8,000 acre-feet, while Mexico’s will take 41,000 acre-feet less. That water will remain in Lake Mead, and will only be recovered once the reservoir rises above an elevation of 1,100 feet.

The cuts under the Drought Contingency Plan, or DCP, represent 12% of the total water supply for the Central Arizona Project, which delivers water by canal to Phoenix, Tucson and other areas. Chuck Cullom, manager of Colorado River programs for CAP, said this reduction will mean “eliminating the water that would have been available for underground storage, banking and replenishment,” and cutting CAP deliveries to agriculture by about 15%.

Should Rivers Have Same Legal Rights As Humans? A Growing Number Of Voices Say Yes — National Public Radio

Satellite imagery of a toxic algal bloom on Lake Erie in 2011. The image is gorgeous, but microcystis aeruginosa, the green algae pictured here, is toxic to mammals.
NASA Earth Observatory via Popular Science.

From National Public Radio (Ashley Westerman):

In early July, Bangladesh became the first country to grant all of its rivers the same legal status as humans. From now on, its rivers will be treated as living entities in a court of law. The landmark ruling by the Bangladeshi Supreme Court is meant to protect the world’s largest delta from further degradation from pollution, illegal dredging and human intrusion…

Following the ruling, anyone accused of harming the rivers can be taken to court by the new, government-appointed National River Conservation Commission. They may be tried and delivered a verdict as if they had harmed their own mother, Matin says.

“The river is now considered by law, by code, a living entity, so you’ll have to face the consequence by law if you do anything that kills the river,” [Mohammad Abdul Matin] says.

What is environmental personhood?

Bangladesh follows a handful of countries that have subscribed to an idea known as environmental personhood. It was first highlighted in essays by University of Southern California law professor Christopher D. Stone, collected into a 1974 book titled Should Trees Have Standing? Toward Legal Rights for Natural Objects. Stone argued that if an environmental entity is given “legal personality,” it cannot be owned and has the right to appear in court.

Traditionally, nature has been subject to a Western-conceived legal regime of property-based ownership, says Monti Aguirre with the environmental group International Rivers.

“That means … an owner has the right to modify their features, their natural features, or to destroy them all at will,” Aguirre says.

The idea of environmental personhood turns that paradigm on its head by recognizing that nature has rights and that those rights should be enforced by a court of law. It’s a philosophical idea, says Aguirre, with indigenous communities leading the charge…

In 2008, Ecuador became the first country to enshrine the legal rights of nature in its constitution. Bolivia passed a similar law in 2011. Meanwhile, New Zealand in 2017 became the first country to grant a specific river legal rights, followed by the Indian state of Uttarakhand. This year, the city of Toledo, Ohio, passed what is known as the Lake Erie Bill of Rights to protect its shores, making it one of several U.S. communities to have passed legislation recognizing the rights of nature

In a 2018 study co-authored with Julia Talbot-Jones, O’Donnell shows that the onus of enforcement will fall on whoever is deemed the guardian of the waterway. And that can be anyone from a court-appointed body to the government itself — which may have chosen not to participate in environmentally friendly practices in the past — to nongovernmental organizations.

In Ecuador, says O’Donnell, the Global Alliance for Rights of Nature and others sued a construction company trying to build a road across the Vilcabamba River and initially won in court.

But when the construction company didn’t comply with the court’s ruling, “the NGO could not afford to run a second case,” says O’Donnell.

What’s more, the trans-boundary nature of rivers makes enforcement inherently difficult. This issue has come up in India, where the high court in Uttarakhand state in 2017 recognized the Ganges and Yamuna rivers as legal persons because of their “sacred and revered” status. The court named the state government as their guardians.

Soon after, the state government appealed to the Indian Supreme Court, arguing “that their responsibilities as guardians of the rivers were unclear because the rivers extended well beyond the border of Uttarakhand,” says O’Donnell…

he struggle to achieve this paradigm shift is also taking place on the shores of Lake Erie, in Toledo, Ohio. Earlier this year, the city passed an ordinance that would allow the its citizens to sue on behalf of the lake, arguing that it had gotten so polluted, there was no choice.

The ordinance’s constitutionality was immediately challenged by a farm in a federal lawsuit. The farm argued the ordinance made it vulnerable “to massive liability” when it fertilizes its fields “because it can never guarantee that all runoff will be prevented from entering the Lake Erie watershed.” Then the state of Ohio joined that lawsuit, arguing it — not the citizens of Toledo — has the “legal responsibility” for environmental regulatory programs.

“What’s interesting is the state of Ohio intervening on behalf of the polluter, not on behalf of the people who passed the law,” says Tish O’Dell, the Ohio community organizer for the Community Environmental Legal Defense Fund.

The lawsuit is ongoing, though O’Dell predicts the ordinance will ultimately be overturned.

“But what I would say to people is it doesn’t matter what happens in the courts in Toledo with this case, because the genie has been let out of the bottle. And as hard as they want to try to put it back in, the people shouldn’t let them,” O’Dell says. “I mean, we have to change our environmental protection in this country and across the world, because obviously what we’re doing isn’t working.”

#ClimateChange could threaten Carbondale’s water supply — @AspenJournalism

The Ella Ditch, in the Crystal River Valley, placed a call for the first time ever during the drought-stricken summer of 2018. That meant the Town of Carbondale had to borrow water from the East Mesa Ditch under an emergency water supply plan.

From Aspen Journalism (Heather Sackett):

A new climate study and a first-ever call on a tributary of the Crystal River offer a glimpse of the future for Carbondale’s water supply.

A Vulnerability, Consequences and Adaptation Planning Scenario report by the Western Water Assessment found a strong upward trend in local temperatures over the past 40 years, which could threaten local water supplies.

“This report sort of drove the message home that (climate change) is here and it’s no longer a conceptual discussion — it’s a pragmatic discussion,” Carbondale Mayor Dan Richardson said. “It was sobering from that perspective.”

According to the report, the average temperature since 2000 has been 2.2 degrees warmer than the 20th-century average. Water year 2018 was more than 4 degrees higher than the 20th-century average and was the warmest recorded in the past 120 years.

Warmer temperatures are bad news for the watershed because they have an overall drying effect, even if precipitation remains constant. According to the report, Roaring Fork River streamflows since 2000 have been about 13% lower than the 20th-century average, due, in part, to warmer temperatures. By 2050, a typical year in the Roaring Fork Valley is projected to be warmer than the hottest years of the 20th century, which means mild drought conditions even during years with average precipitation.

“Just the warming temperatures alone are enough to tell us drought will be a concern in the future and drought conditions are likely to persist for longer,” said WWA managing director Benét Duncan. “What does that mean for the water supply?”

The Town of Carbondale treats water at its facility on Nettle Creek, a tributary of the Crystal River. The town nearly had to shut the plant down during the summer of 2018 because of a senior call on the downstream Ella Ditch. Photo credit: Town of Carbondale

Drought illustrates vulnerability

The summer of 2018’s historic drought illustrated a vulnerability in Carbondale’s water supply that surprised local officials. Senior water-rights holder Ella Ditch, which serves agriculture lands south of Carbondale, placed a call for the first time Aug. 8.

This meant that because there wasn’t enough water in the Crystal for Ella Ditch to divert the amount to which it was legally entitled, junior water-rights holders, including Carbondale, had to reduce their water use — threatening the domestic water supply to roughly 40 homes on the Nettle Creek pipeline.

“We had a situation last summer where we were inches away from having to shut down our water-treatment plant at Nettle Creek because there was a more senior call on the river,” Richardson said. “When you look at the water rights we have on paper, most municipalities feel confident their water portfolio is resilient and can stand the test of time, but that was paper water. And when it comes to wet water, we were pretty vulnerable.”

Carbondale applied for and received an emergency substitute water-supply plan from the state engineer. The emergency plan allowed for a temporary change in water right — from agricultural use to municipal use — so that another irrigation ditch could provide water to the town.

The East Mesa Ditch Co., whose water right is senior to Ella Ditch’s, agreed to loan the town 1 cubic foot per second of water from Sept. 7 to Dec. 7 under the agreement. However, Carbondale had to borrow the water only until Sept. 28, when the call was lifted on Ella Ditch. East Mesa Ditch is located upstream from Ella Ditch. Both are used to irrigate lands farther downstream on the east side of the Crystal River.

The town didn’t pay East Mesa Ditch for the water but paid the company about $5,000 in legal and engineering fees to draw up the water loan agreement, according to Town Manager Jay Harrington.

A wake-up call

Although Carbondale has other sources it can turn to for municipal use, including wells on the Roaring Fork, the summer of 2018 and the VCAPS report were a wake-up call.

“Nettle Creek is a pretty senior right, and we didn’t anticipate it to be called like it was,” Harrington said.

Potential solutions to another Ella Creek call outlined in the report include moving away from Crystal water sources to Roaring Fork sources and providing upstream pumps to the homes on the Nettle Creek pipeline.

“I think (the report) gives one of the clearest pictures of where we are heading and what we need to look at as a municipality as the climate changes,” Harrington said.

Editor’s note: Aspen Journalism is collaborating with the Aspen Times and Glenwood Springs Post-Independent on coverage of water and rivers.

Farmington, #NewMexico: San Juan Water Commission meeting recap

From Farmington Daily Times (Hannah Grover):

The lower basin states of Arizona, Nevada and California have created a drought contingency plan while the upper basin states including New Mexico, Colorado, Utah and Wyoming have a different drought contingency plan.

These two plans fall under a companion agreement between the upper and lower basin states as well as federal legislation signed into law earlier this year.

The key component of these agreements is to keep water levels in Lake Powell from dropping below 3,525 feet in elevation and to keep water levels in Lake Mead above 1,090 feet in elevation.

The upper basin states will be responsible for maintaining the levels in Lake Powell.

The San Juan Water Commission learned about the drought contingency plan during a meeting on Aug. 7 in Farmington.

Here are three things New Mexico residents should know about the Drought Contingency Plan:

The outflow at the bottom of Navajo Reservoir in New Mexico. Photo: Brent Gardner-Smith/Aspen Journalism

1. Navajo Lake is a key component

…New Mexico Interstate Stream Commission Lawyer Dominique Work said the first step will be to look at operations at Lake Powell to determine if less water could be released. If that does not work, the response plan will look at different storage reservoirs — Flaming Gorge, Aspinall and Navajo Lake.

All three reservoirs can release water into rivers that eventually flow into Lake Powell.

One of those three storage reservoirs could be chosen to release water to keep the levels at Lake Powell above 3,525 feet…

How much electricity the turbines in the bowels of Glen Canyon Dam can generate depends upon how much water is delivered from the Wind River Range of Wyoming and the high mountains of Colorado into Lake Powell. Photo/Bureau of Reclamation.

2. The 3,525 feet water level was chosen for hydropower generation

Lake Powell produces hydropower that provides electricity to utilities in Wyoming, Utah, Colorado, New Mexico, Arizona, Nevada and Nebraska. According to the U.S. Bureau of Reclamation, the hydropower plant at Glen Canyon Dam produces about five billion kilowatt hours of power each year.

Electric utilities in Farmington and Aztec both receive power from Lake Powell.

If the lake levels drop below 3,490 feet, the hydropower plant cannot work…

Hay fields under Meeker Ditch 2. Photo credit: Brent Gardner-Smith/Aspen Journalism

3. Plan also allows upper basin states to place water in storage

Another key aspect of the plan is it allows the upper basin states to develop a plan to store up to 500,000 acre-feet of additional water in Navajo Lake, Flaming Gorge and Aspinall. This water would be released if needed to fulfill Colorado River Compact requirements…

However, the 500,000 acre-feet of water must come from water rights that would otherwise have been used if it had not been put into storage. For example, a farmer could choose to put an acre-foot of water into storage and let their field go fallow.

The upper basin states must develop a demand management program before they can begin putting water in storage in the reservoirs.

Jack Holmes: One solution to numerous water projects — The Vail Daily “Valley Voices”

Eagle River Basin

Here’s a guest column about water projects for the upper Eagle River Valley, from Jack Holmes, that’s running in theThe Vail Daily:

There are at least five water-related project proposals being considered for the Upper Eagle River Valley from Dowd Junction to the top of Tennessee Pass in the next 50 years. These include several tributaries of the Eagle River.

One combined project could take care of all major stakeholders and turn the area into a model for the future. The alternative will be five decades of litigation and a patchwork of projects that will be costly to all communities.

It is not about who will get the water. That is settled by Colorado Water Law and the 1989 Memorandum of Understanding. It is about whether the parties involved will work together, which happened during the drought of the early 2000s, or go in separate directions, which was the case during the middle 1950s.

The common project would be an Upper Eagle Pipeline and Storage Co. from Dowd Junction to Tennessee Pass. Storage, if needed, could be at Bolts Lake and Camp Hale. The 20-mile-long pipeline would follow the route of the Eagle River, the Railroad, the U.S. 24 highway or some combination thereof depending on what works and preserves the existing scenic corridor between Dowd Junction and Tennessee Pass.

That is the lowest continental divide pass in the Central Rockies. Those wanting to move or store water would need to pay accordingly. A trench and bury pipeline approach would seem to a good approach.

This proposal would give all major parties what they need at a reasonable cost. Memorandum of Understanding obligations could be met. To be sure, this would require some compromise. Camp Hale restoration might need to shift from some limited and expensive wetland restorations to a series of small reservoirs but probably would get more visitors to honor the 10th Mountain Division. Extensive wetlands are a few miles away on Homestake Creek in the original Camp Hale boundaries.

Building the one project pipeline and reservoirs would require funding, but it should cost less than tunnels, which are problematic to begin with because of potential seismic activity that would destroy the tunnels. In fact, the concept could be sold as a demonstration project worthy of grant funding.

While moving of water is not attractive to environmentalists, the concentration of project impacts in a well-established corridor makes sense. To be sure, the rail corridor would need to be preserved for possible future use, but an adjoining pipeline could be helpful in this regard.

If Front Range communities are more willing to pay for initial construction than Western Slope entities, the first phase of the project could start at the junction of Fall Creek and the Eagle River.

A major environmental question is how much effort should be spent to erase existing environmental impacts in the Eagle River and its Homestake Creek tributary basins above their lower Red Cliff junction. Such actions could merely shift impacts to the other basin at great public and environmental expense.

Anybody familiar with these issues knows that this proposal is a simplified summary. However, it also is known that 50 years in court and countless engineering and field hours can be curtailed by working together. The public has every right to insist that every attempt be made to arrive at a unified approach. While there are some good studies of limited areas, consideration of the larger area is missing at this point.

Jack Holmes is Professor Emeritus of Political Science at Hope College in Holland, Mich., and vice-chair of the Holy Cross Wilderness Defense Fund. He has backpacked in the Holy Cross Wilderness since 1959 and is a summer resident on Homestake Creek above Red Cliff. For many years, he taught a summer course on wilderness politics.

The Tribal Water Law Conference returns to Scottsdale on September 26 and 27, 2019 #ColoradoRiver #COriver #aridification

From email from the Tribal Law Institute (Mark Rackley):

The Tribal Water Law Conference returns to Scottsdale on September 26 and 27, now in a convenient new location: Hilton Resort & Villas.

Scottsdale, Arizona. Photo credit: Air Care Cooling and Heating, LLC

Visit the conference website

Download the brochure

Register online now

Imagine yourself in Scottsdale in September, gaining diverse perspectives on Tribal Water Law and connecting with your colleagues from around the country in luxurious surroundings.

The AAA 4-diamond Hilton Resort & Villas is set on 20 scenic acres, with breathtaking views of Camelback Mountain and a complimentary shuttle within a two-mile radius, including Old Town. Take advantage of specially discounted room rates, exclusively for Conference participants.

In Old Town Scottsdale, you’ll find cultural influences of the area’s first Native American residents along with hip new venues. Beyond Old Town, escape to the stirring beauty and serenity of the Sonoran Desert for exploration and adventure.

Expand your knowledge, broaden your network, and enjoy Scottsdale!

Register online now.

We look forward to seeing you there.

Sincerely,

Mark Rackley, CEO
CLE International

Aspen scores $186,356 from @CWCB_DNR for alternative water rights transfer methods

A view of the Wheeler Ditch headgate, looking upriver on the Roaring Fork River. Smith / Aspen Journalism

From The Aspen Daily News (Alycin Bektesh):

On Monday, the city announced that it is the recipient of $186,356, which will go toward establishing “alternative transfer methods” with area farmers. ATMs allow water-right holders to share a portion of their claims without giving them up entirely. The state has a goal to assist in 50,000 acre feet of water transfers through the use of ATMs by 2030.

The program allows creative solutions to water sharing in a way that was not previously accessible, according to Margaret Medellin, city of Aspen’s utilities portfolio manager.

“Traditionally in Colorado water law, if you don’t use your water right you’ll eventually lose it,” Medellin said, “so before this ATM concept came about you would want to use your water rights as much as you can at all times.”

This tactic is counterintuitive to what the state needs from its water holders, though. Colorado’s population growth projections show that the demand for water will increasingly outmatch the supply. By 2050, the state’s population is estimated to reach 10 million — double 2008’s figure — creating a water shortage for about 2.5 million families.

In attempting to preserve its own water rights on Castle and Maroon Creeks, the city found itself headed to state water court with 10 separate opponents last year. It was during those pretrial negotiations that the city decided to partner with two plaintiffs to explore the ATM solution locally.

“This project is one of a few good things that came out of that effort,” Medellin said. “It really is just us as different advocates for different parts of the community coming together to try and get creative.”

Wilderness Workshop and Western Resource Advocates have assisted the city in seeking out partners who would be willing to forfeit claims on diversions at different times. Over the last year, the city has held stakeholder meetings and consulted with experts, but they realized they would need assistance in identifying good partnerships.

“The thing we realized is that there was no clear project up here,” Medellin said.

The state grant allows the city to hire outside consultants who can continue the work of finding water-rights holders who would be willing to temporarily divert their claims to the city in exchange for fees.

Todd Doherty is the president of Western Water Partnership, the consultant who helped the city with the grant application and will continue to work on securing ATM agreements. He has identified 2,800 irrigated acres that use water diverted at or above the city. His team will be reaching out to farmers to explain the program and gauge interest.