Navajo Nation nears deal for #Arizona water rights on #ColoradoRiver and the #LittleColoradoRiver — AZCentral.com #COriver #aridification

Confluence of the Little Colorado River and the Colorado River. Climate change is affecting western streams by diminishing snowpack and accelerating evaporation. The Colorado River’s flows and reservoirs are being impacted by climate change, and environmental groups are concerned about the status of the native fish in the river. Photo credit: DMY at Hebrew Wikipedia [Public domain]

Click the link to read the article on the AZCentral.com website (Arlyssa D. BecentiDebra Utacia Krol). Here’s an excerpt:

March 1, 2024

For the past 60 years, Navajo leaders have worked to settle water claims in Arizona. The aim of the Northeastern Arizona Indian Water Rights Settlement Agreement is to affirm and quantify the nation’s rights to water in the state and to secure funding to build much needed water delivery infrastructure to homes on the Navajo Nation, according to a summary of the agreement.

“When we took office last year there was a huge push for us to start talking about our water rights, our water claims,” Navajo Nation Speaker Crystalyne Curley told The Arizona Republic. “It’s been far too long, going through COVID, climate change, drought that we are facing every year, we had to take into account of what we want to secure for the next 100 years.”

The U.S. Supreme Court held last summer that the United States did not have an affirmative treaty or trust obligation to identify and account for Navajo Nation water rights on the Colorado River. Curley said that ruling was a pivotal moment that led the Navajo Nation and its water rights negotiation team to focus on completing on the settlement…

The Coconino Aquifer. The fundamental law of the Navajo (Dine) people believes water to be one of the four sacred elements that was put forth by Diyin dine’e’ (Deities) as a source of life. Water is part of prayer in the Hozho ceremonies for healing. All human and all life on Nahasdzaan (Mother Earth) have a degree of water in their system. Water is precious to native people – it is life. Credit: Dine’e’ C.A.R.E.

The agreement will settle all of the Navajo Nation, Hopi Tribe and San Juan Southern Paiute water rights for the upper and lower basins of the Colorado River, the Little Colorado River basin, the Gila River Basin (including Big Boquillas Ranch) and claims to groundwater in the Navajo Aquifer, the Coconino Aquifer and other alluvial aquifers.

Presentation details Lincoln Creek contamination but solutions unclear: #ClimateChange may be increasing leaching-metals pollution of #LincolnCreek — @AspenJournalism

Grizzly Reservoir was a bright shade of turquoise in September 2022. The man-made alpine lake has high concentrations of metals that are toxic to fish, according to a report from the Environmental Protection Agency. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM

Click the link to read the article on the Aspen Journalism website (Heather Sackett):

February 5, 2024

Presenters at a public meeting Thursday [February 1, 2024] about contamination on Lincoln Creek hosted by agencies that oversee water quality offered a lot of information, but few solutions yet to the problem.

The meeting, held at the Rocky Mountain Institute in Basalt, featured the results of water quality sampling and presentations from a panel of experts from agencies including Environmental Protection Agency, Colorado Parks and Wildlife, U.S. Fish and Wildlife Service, Colorado Department of Public Health and Environment, the U.S. Forest Service, Colorado Division of Reclamation, Mining and Safety, the U.S. Geological Survey, environmental group Trout Unlimited and Pitkin County Environmental Health.

“We have a lot of questions,” said Kurt Dahl, Pitkin County environmental health manager. “Is (the contamination) going to continue to increase? What does it mean for the Roaring Fork? For my office? For human health? … There’s also this question around mitigation. I think we want to get our arms around, is this a possibility? What does this look like? What are the costs? Can we afford it?”

A report released in November by the EPA based on water-quality samples from 2022 found that Lincoln Creek in the four miles between the Ruby Mine and Grizzly Reservoir exceeds state water quality standards for aquatic life for aluminum, cadmium, copper, iron, lead, manganese and zinc. Aluminum and copper concentrations were especially high.

Water quality issues on Lincoln Creek have been a concern for years, with the creek above the reservoir often running a yellowish color, and Grizzly Reservoir often a bright turquoise. In September 2022, Lincoln Creek below the reservoir turned a milky-green color, and white and yellow sediment settled on the streambed, prompting water quality testing in the fall of 2022 and the EPA report. These conditions in 2022 could be seen downstream at the confluence with the Roaring Fork River, sparking concern for local residents and organizations.

And the problem has gotten worse in recent years. The high concentrations of aluminum and copper are toxic to fish, and Lincoln Creek and Grizzly Reservoir experienced a fish die-off in 2021. In fall of 2023, there was a fish kill downstream in the Roaring Fork in the North Star Nature Preserve, which experts say was probably due to a combination of high metals concentrations and too-warm water.

The EPA report also found that the main source of contamination is not drainage from the Ruby Mine, but is naturally occurring from a “mineralized tributary” just downstream from the mine.

During the Q&A portion of the meeting, attendees asked whether the Ruby Mine, where turn-of-the-20th-century prospectors dug for gold and silver, could really be the source of contamination. Mindi May, water quality program director with CPW, said she initially shared the audience’s skepticism that the mine wasn’t the main source of contamination, but after visiting the site she agrees with geologists’ findings that it’s naturally occurring.

“You could just see the water from the mineralized trib just seeping out of the ground,” she said. “So at this point I am convinced … that the mineralized trib and the Ruby are separate and that the mineralized trib is natural and that it really is the problem.”

The fact that the contamination of the creek is naturally occurring creates a question about who’s responsible for cleaning it up. The EPA is authorized to address elevated metals concentrations only from human-caused sources, not contamination from natural sources.

Primarily an ecological problem

Panelists addressed the potential human health impacts from the contaminated water in the creek and at Grizzly Reservoir, a popular spot for summer camping, hiking and fishing. The U.S. Forest Service manages the seven-site Portal Campground near the reservoir.

Mike Carney, a toxicologist with U.S. Fish and Wildlife Service, said his agency is primarily concerned with arsenic and lead, which have health risks but aren’t the main contaminants in Lincoln Creek. He said there’s not much risk associated with someone’s skin coming into contact with the copper and aluminum-laden water. As for drinking the water, backpacking filters are unlikely to filter out all the contamination and gastrointestinal distress could result. But would-be guzzlers of the orange-tinted water would probably be turned off by the taste.

“At those concentrations, that water would likely not be palatable because it would taste very bad,” Carney said. “This is primarily an ecological problem here.”

Carney said they did not find worrisome concentrations of metals accumulating in the tissue of fish sampled from Grizzly Reservoir. CPW restocks the fish every summer so they may not spend enough time living in the reservoir to build up metals concentrations before they die or are caught and eaten by anglers.

Twin Lakes collection system

Lincoln Creek feeds into the Twin Lakes Reservoir and Canal Company’s transmountain diversion system, in which Grizzly Reservoir is used as a collection pool before sending water through the Twin Lakes Tunnel to the Arkansas River basin, where it is used primarily in Front Range cities, including for drinking water. Colorado Springs Utilities owns the majority of the water in the Twin Lakes system.

The November EPA report said the substantial mixing, the distance that the water travels to the Front Range and the water-treatment process limit the impacts to Colorado Springs’ drinking water.

Twin Lakes is planning to drain Grizzly Reservoir this summer so it can do a rehabilitation project, including installing a membrane over the steel face of the dam, replacing the gates that control the flow of water into the Twin Lakes Tunnel and repairing the outlet works that release water down Lincoln Creek.

Repairs to fix damage after a log got caught in the outlet works in 2015 resulted in the release of a slug of contaminated water and sediment from the reservoir that quickly boosted flows in the Roaring Fork near Aspen and turned it yellow, alarming residents. Twin Lakes board president Alan Ward said that wouldn’t happen with this summer’s planned draw-down.

“The company was very embarrassed by that, we do not want that to happen again,” he said. “We talked with our contractor about a drawdown plan and we need to make sure that as we get to those sediments, that we’re moving slowly and have a lot of sediment control in place so that we’re not putting that in the creek.”

Lincoln Creek is one of several drainages that flow into Grizzly Reservoir, a collection pool for Twin Lakes Reservoir and Canal Company. Drainage from defunct upstream mines may be partly responsible for the water’s yellow color. Photo credit: Heather Sackett/Aspen Journalism

Leaching metals and climate change

When water and oxygen come into contact with pyrite-rich rock, it reacts to form sulfuric acid and causes the leaching of metals from the rock. One take-away from Thursday’s presentations is that this type of metals contamination of Colorado waterways is increasing with climate change.

Thomas Chapin, a research chemist with USGS, said drought and climate change have reduced the volume of streamflows, meaning metals concentrations will be higher even if the overall amount of metal leaching stays the same. But melting ice and ground that was once frozen also allow water and oxygen to come into contact with rock that used to be inaccessible to the leaching process.

Prior to mining, snowmelt and rain seep into natural cracks and fractures, eventually emerging as a freshwater spring (usually). Graphic credit: Jonathan Thompson

“The combination of the decrease in flow coming down, so less dilution, and the lowering of the water table and exposing more material to acid rock drainage, it’s a double whammy,” Chapin said.

Pitkin County isn’t the only place in Colorado where increasing metals concentrations is negatively impacting water quality. Chapin said a recent study looking at the Snake River, a tributary of the Blue River in Summit County, found a 100% to 400% increase in the amount of zinc concentrations over 30 years.

“We saw similar data with Lincoln Creek,” he said. “Those September values have gone up quite a bit.”

The recently released Climate Change in Colorado report found that temperatures have warmed more in fall than other seasons.

Dahl wrapped up the meeting, which ran 30 minutes past its scheduled time of 6 to 7:30 p.m., by saying that local water quality experts are talking about next steps and plan to hold another public meeting this spring.

“We recognize that there was a lot of information here without a lot of opportunity to ask questions,” he said. “We’ve already agreed that we need to have another public meeting.”

This story ran in the Feb. 3 edition of The Aspen Times.

Map of the Roaring Fork River drainage basin in western Colorado, USA. Made using USGS data. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69290878

#ClimateChange, cost and competition for water drive settlement over tribal rights to #ColoradoRiver — The Associated Press #COriver #aridification

Confluence of the Little Colorado River and Colorado River; Credit: EcoFlight

Click the link to read the article on the Associated Press website (Felicia Fonseca and Suman Naishadham). Here’s an excerpt:

February 28, 2024

A Native American tribe with one of the largest outstanding claims to water in the Colorado River basin is closing in on a settlement with more than a dozen parties, putting it on a path to piping water to tens of thousands of tribal members in Arizona who still live without it. Negotiating terms outlined late Wednesday include water rights not only for the Navajo Nation but the neighboring Hopi and San Juan Southern Paiute tribes in the northeastern corner of the state. The water would come from a mix of sources: the Colorado River that serves seven western states, the Little Colorado River, and aquifers and washes on tribal lands. The agreement is decades in the making and would allow the tribes to avoid further litigation and court proceedings, which have been costly. Navajo officials said they expect to finalize the terms in the coming days. From there, it must be approved by the tribe’s governing bodies, the state of Arizona, the other parties and by Congress…

On Wednesday, the Navajo Nation cited climate change, cost, competition for water and the coronavirus pandemic as reasons to move toward a settlement. Arizona, in turn, would benefit by having certainty over the amount of water that is available to non-tribal users. The state has had to cut its use of Colorado River water in recent years because of drought and demand…

Arizona — situated in the Colorado River’s Lower Basin with California, Nevada and Mexico — is unique in that it also has an allocation in the Upper Basin. Under the settlement terms, Navajo and Hopi would get about 47,000 acre-feet in the Upper Basin — nearly the entire amount that was set aside for use at the Navajo Generating Station, a coal-fired power plant on the Navajo reservation that shut down in late 2019.  The proposal also includes about 9,500 acre-feet per year of lower-priority water from the Lower Basin for both tribes. An acre-foot of water is roughly enough to serve two to three U.S. households annually. While the specific terms for the San Juan Southern Paiute Tribe remain under discussion, Congress could be asked to establish a small reservation for the tribe whose ancestral land lies in Utah and Arizona. The tribe’s president, Robbin Preston Jr., didn’t immediately respond to emailed questions from the AP.

Native America in the Colorado River Basin. Credit: USBR

From farms to cities: Analysis shows #Colorado-Big Thompson water right ownership changes — The #FortCollins Coloradoan #ColoradoRiver #SouthPlatteRiver #COriver #aridification

First water through the Adams Tunnel. Photo credit Northern Water.

Click the link to read the article on the Fort Collins Coloradoan website (Ignacio Calderon). Here’s an excerpt:

February 29, 2024

On Wednesday [February 28, 2024], 96 Colorado-Big Thompson water shares and 154 acres of farmland from the Carlson Family Trust were auctioned for $5,473,600 and $990,000, respectively. It was the second such water auction in February. Earlier this month, Carol Oswald Yoakum sold her 90 shares of Colorado-Big Thompson water for an average of $52,481 per share...In recent years, around 95% of Colorado-Big Thompson shares that were transferred went from farms to municipalities and water districts, a Coloradoan analysis found…

When Colorado-Big Thompson water changes hands, it is recorded in the Northern Water Board’s monthly meetings agenda. The Coloradoan manually compiled every document available online, with records going back to June 2019, to understand this trend.  The analysis focused on the transfers where there was a change in contract class. This excludes transfers where water is kept in the same use, like when shares are passed down in a family farm. Different contract classes allow for different water uses…During the time period covered by the analysis, the Coloradoan found 237 transfers, which moved 4,396 shares. The 10 biggest receivers, which were all water districts or municipalities, accounted for nine out of every 10 shares. However, that doesn’t necessarily mean most water is being used by cities…

“When we look at the data of where water is delivered, we see that on average it’s a little more than 50% that goes to municipal use, but municipal ownership is about 75%,” said Jeff Stahla, spokesperson for Northern Water, referring to water use from the Colorado-Big Thompson Project…Christopher Goemans, an associate professor in the Department of Agricultural and Resource Economics at Colorado State University, said “we’ve seen this shift in the ownership of rights from agricultural to municipal uses. And yet the vast majority of the water is still diverted and used in agriculture.”

[…]

On the other hand, the cost of acquiring water is driven in large part by the market for water rights. Wednesday’s auction averaged around $57,000 per Colorado-Big Thompson water share — several orders of magnitude higher than it cost when the project began. In 1960, three years after the project first started delivering water to users, the cost per share was $1.50.

Colorado-Big Thompson Project map. Courtesy of Northern Water.

2024 #COleg: #Colorado lawmakers approve resolution backing efforts to restore #GrandLake’s clarity — Fresh Water News

Grand Lake and Mount Craig. CC BY 2.5, https://commons.wikimedia.org/w/index.php?curid=814879

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

Colorado lawmakers OK’d a measure this week backing efforts to restore Grand Lake, the state’s deepest natural lake once known for its clear waters.

Advocates hope the resolution will help fuel statewide support for the complicated work involved in restoring the lake and give them leverage with the federal government to secure funding for a new fix.

The resolution is largely symbolic and doesn’t come with any money, but it adds to the growing coalition of water interests on the Western Slope and Front Range backing the effort.

After more than a year of work, Mike Cassio, president of the Three Lakes Watershed Association, said he is hopeful the resolution will create a new path forward after years of bureaucratic stalemate. The association advocates on behalf of Grand Lake, Shadow Mountain and Lake Granby.

“It’s been a long process, but this resolution puts the state legislators in support of what we are trying to do and we will be able to take that to our congressional representatives,” Cassio said.

The measure was carried by Sen. Dylan Roberts, a Democrat from Frisco, and House Speaker Julie McCluskie, a Democrat from Dillon.

“I’m really encouraged with all the work that has been done in the past few months and I think it will hopefully lead to more progress,” Roberts said.

Colorado-Big Thompson Project map. Courtesy of Northern Water.

Owned by the U.S. Bureau of Reclamation and operated by Northern Water, what’s known as the Colorado-Big Thompson Project gathers water from streams and rivers in Rocky Mountain National Park and Grand County, and stores it in Lake Granby and Shadow Mountain Reservoir. From there it is eventually moved into Grand Lake and delivered via the Adams Tunnel under the Continental Divide to Carter Lake and Horsetooth Reservoir, just west of Berthoud and Fort Collins, respectively.

On the Front Range, the water serves more than 1 million people and thousands of acres of irrigated farmlands. But during the pumping process on the Western Slope, algae and sediment are carried into Grand Lake, clouding its formerly clear waters and causing algae blooms and weed growth, and harming recreation.

Advocates have long been frustrated at the failure to find a permanent fix to the lake’s clarity issues, whether it’s through a major redesign of the giant federal system or operational changes.

The Bureau of Reclamation, Northern Water, Grand County and other agencies and local groups have been working since 2008 to find a way to keep the lake clearer, and Northern Water and others have experimented with different pumping patterns and other techniques to reduce disturbances to the lake’s waters.

Now an even broader coalition has come together, Cassio said, led by Grand County commissioners and Northern Water’s board of directors.

“Northern Water is fully committed to the continued and collaborative exploration of options to improve clarity in Grand Lake and water quality in the three lakes,” said Esther Vincent, Northern Water’s director of environmental services.

Last year, a technical working group reconvened, and is now studying new fixes that may be possible, including taking steps to reduce algae growth and introduce aeration in Shadow Mountain, a shallow artificial reservoir whose warm temperatures, weeds and sediment loads do the most damage to Grand Lake, Cassio said.

Though much more work lies ahead, the work at the legislature is critical, he said.

“This resolution is one piece of the puzzle,” Cassio said. “We’re at the finish line and everybody is coming together. It’s a wonderful thing.”

More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.

@UteWater Board of Directors commits financial backing to keep Shoshone water rights flowing west in perpetuity #ColoradoRiver #COriver #aridification

Click the link to read the release on the Ute Water website:

February 24, 2024

With a unanimous decision during a regular board meeting on February 14th, Ute Water’s Board of Directors pledged a financial contribution of two million dollars to the Colorado River District in securing the Shoshone water rights. The largest domestic water provider between Denver, Colorado, and Salt Lake City, Utah, is committing funding for the historic and monumental acquisition of the state’s largest and most senior non-consumptive water right on the Colorado River. This landmark purchase aims to finalize the Shoshone permanence efforts that Ute Water has been committed to for over 20 years.

Summary: View of a packtrain used for President Theodore Roosevelt’s hunting party in Glenwood Canyon (Garfield County), Colorado. The Colorado River is nearby.. Date: 1905. Buckwalter, Harry H.. Photo credit: Denver Public Library Digital Collections

What are the Shoshone water rights?

The senior Shoshone water right was established in 1902, before the Shoshone Hydroelectric Facility was constructed in the Glenwood Canyon east of Glenwood Springs, Colorado. The rights have commanded supreme control over the Colorado River for over a century to ensure the hydroelectric plant’s “first in time, first in right” allocation to run water through the power-generating turbines and back into the river below. The Colorado River water that exits the Xcel Energy-owned facility after power generation flows downstream has contributed to the life force of the Grand Valley for generations.

On December 19th, 2023, Xcel Energy signed a momentous Purchase Sale Agreement (PSA) with the Colorado River District, which will transfer the senior water rights to the multi-county conservation organization for 98.5 million dollars. The sale will provide a permanent solution to an agreement made in 2016–the Shoshone Outage Protocol (SHOP), a standing acknowledgment between major water users across the state to operate the Shoshone Call, thereby sending historic flows westerly even when the hydroelectric facility is not in operation. The facility does not have any plans to close to date, but isolated outages related to the age of infrastructure and a host of natural disasters that the Glenwood Canyon has inflicted, from rockslides to wildfires, have tested the SHOP agreement.

According to the Colorado Division of Water Resources, water rights can be abandoned or dissolved when not put to beneficial use. When called, rights as influential as Shoshone can command as much as 86,000 acre-feet of westerly flow in a dry year.

With the Shoshone water rights purchase, the Colorado River District, in collaboration with the Colorado Water Conservation Board, aim to arrange an instream flow agreement to secure the historic flows to the Western Slope.

Photo: 1950 “Public Service Dam” (Shoshone Dam) in Colorado River near Glenwood Springs Colorado.

Why are the Shoshone Water Rights important to Ute Water and its 90,000 customers?

With strategically redundant infrastructure and source waters, Ute Water can overcome the difficulties of dry years by activating secondary water sources from Ruedi Reservoir and the Colorado River to supplement primary Plateau Creek water sources. Additional flows in the Colorado River from the Shoshone call improve water quality characteristics, such as the dilution of salinity levels. Irrigation entities also rely on Colorado River flows that fill canals and allow for robust and bountiful agriculture. Continued flows from Shoshone aid in maintaining the natural heritage of four endangered and threatened fish species that utilize the 15-mile reach (Bonytail, Colorado Pikeminnow, Humpback Chub, and Razorback Sucker), and persist alongside continued water security and sustainability for the Grand Valley community.

On a statewide level, maintaining higher recreational flows fuels the river recreation economy in Colorado, where the Colorado River basin on the Western Slope contributes around four billion dollars annually to the state’s GDP, according to the Colorado River District. The flows from Shoshone that reach Lake Powell also contribute to Colorado River interstate compact compliance.

How will the purchase be funded?

The Colorado River District presented the plan and progress for funding the Shoshone permanency effort during Ute Water’s regular board meeting on February 14th. Colorado River District General Manager Andy Mueller outlined two major milestones that have gotten the project’s funding off the ground.

On December 19th, 2023, in conjunction with signing the PSA with Xcel Energy, the Colorado River District’s 15-county board unanimously approved a 20-million-dollar contribution.

Then on January 29th, during the regular Colorado Water Conservation Board meeting, a hearing took place regarding Shoshone water rights funding. Ute Water staff testified in support of the Shoshone permanency effort at the hearing, and the Colorado Water Conservation Board unanimously backed the effort with an additional 20 million dollars in state funds through the Non-Reimbursable Investment Grant.

Moving forward, the Colorado River District hopes to leverage at least ten million dollars committed by various water users and providers of the Western Slope who will continue to benefit from the flows of Shoshone. Once local funds are secured alongside Ute Water’s two-million-dollar contribution, the Colorado River District plans to request the remaining balance of 49 million dollars from the Bureau of Reclamation’s Inflation Reduction Act funding sources, which is slated to support drought mitigation funding projects like these efforts on Shoshone permanency.

What’s next?

More information about the effort can be found through the Shoshone Water Right Preservation Coalition and Campaign, of which Ute Water is a member, at keepshoshoneflowing.org. The Colorado River District plans to meet the four closing conditions of the PSA by December 31st, 2027. These closing conditions are as follows:

  1. Negotiation of an instream flow agreement with the Colorado Water Conservation Board
  2. A change of water rights decree through the water court process
  3. Secure Funding
  4. Approval by the Colorado Public Utilities Commission

Once these conditions are met and the acquisition is completed, Ute Water, the Grand Valley, and the Western Slope at large will realize the water security and sustainability benefits of Shoshone permanency.

Ute Water is proud to stand with our Western Slope community in preserving the lifeblood of our region – the Colorado River. Shoshone permanency has been generations in the making, and it will provide Western Slope water resources and prosperity for generations to come.

The latest on Keep Shoshone Flowing can be found online, on Facebook, and via newsletter.

More Coyote Gulch Shoshone coverage.

A long-sought deal around a little power plant might be a model for #ColoradoRiver cooperation: Purchase of Shoshone Power Plant water rights in Glenwood Canyon will ensure baseline level — The #Denver Post #COriver #aridification

This historical photo shows the penstocks of the Shoshone power plant above the Colorado River. A coalition led by the Colorado River District is seeking to purchase the water rights associated with the plant. Credit: Library of Congress photo

Click the link to read the article on The Denver Post website (Elise Schmelzer). Here’s an excerpt:

February 26, 2024

A small hydroelectric power plant on the banks of the Colorado River has inspired a unique coalition in a state where water scarcity and politics often pit environmentalists, growers and recreationists against each other. Yet those groups recently set aside their competing interests in western Colorado, banding together to safeguard the water rights tied to the squat brown building tucked just off Interstate 70 in Glenwood Canyon. It still generates power, but its true value has been in the water that flows through it — which just might be the key to the river’s future…

Peter Fleming, the general counsel for the district, said of the interests along the river, from agricultural producers to the recreation industry: “Uniformly, across the board, they are in support of protecting the Shoshone flows. It’s pretty unique. People don’t always see eye to eye on water issues.”

[…]

Environmental protection plans exist based on the assumption that the water will be in the river. If the plant’s right were to disappear, those plans likely would need to be rewritten. The flows also keep water temperatures down for endangered fish and keep salinity low in drinking water for towns on the river…For agricultural producers in the Grand Valley, the water is crucial for growing Palisade peaches, wine grapes, wheat, corn, hay and alfalfa, said Tina Bergonzini, the general manager of the Grand Valley Water Users Association…The consistent flows provided by the Shoshone right also are critical for the $4 billion recreation industry centered on the Colorado River on the Western Slope, according to the river district.

More Coyote Gulch coverage of the Shoshone right.

Data Dump: Western Farms: We dig into the latest agricultural census numbers — Jonathan P. Thompson (@Land_Desk)

Photo credit: Jonathan P. Thompson/The Land Desk

Click the link to read the article on The Land Desk website (Jonathan P. Thompson):

February 23, 2024

Happy Agricultural Census time! Last week, the USDA released the 2022 Census of Agriculture — a once-every-five-year event — and, as always, it’s chock full of data on the state of the nation’s farming. I like to peruse the numbers and compare them to those from previous censuses to try to get a sense of how the West’s agricultural landscape is changing, and to get answers to questions like: How are farmers responding to aridification? Is residential development really gobbling up all the farmland? 

The report only offers numbers, without a lot of context. So drawing firm conclusions isn’t possible. But the data are interesting, and sometimes enlightening, nonetheless. Let’s start with an overview:

Credit: Jonathan P. Thompson/The Land Desk

I gotta say, I had to double- then triple-check the numbers on this one. New Mexico has way more farmed acres than California — Say what!? But yeah, they do. Keep in mind that this is not cropland, but farm land, which can include sprawling ranches and just land that someone is calling agricultural for tax reasons. So take it with a grain of salt. Farm acreage is decreasing in all the states, which is hardly surprising. 

But before you freak out about the death of American farming, consider this: The total number of farms has increased everywhere since 1997 except in California.

Credit: Jonathan P. Thompson/The Land Desk

Other data suggest that small farms are making a big comeback, especially in Colorado (though there was a slight dip in farm numbers between 2017 and 2022). 

Now let’s look at alfalfa, since hay is not only fodder for horses but also for fighting over these days, especially in the Colorado River Basin. We hear a lot about how much water alfalfa uses and about how the federal government is paying farmers in the Lower Colorado River Basin not to grow the stuff. And so, one might expect to see a big drop in alfalfa production in those places. 

That didn’t happen. In fact, several places produced significantly more alfalfa in 2022 than in 2017. It seems weird, but there are a few things to consider. First, even though the Colorado River Crisis was well under way by 2022, most of the programs paying farmers to stop farming hadn’t yet kicked in in 2022. Also, farmers aren’t really being paid to stop farming or plow up their crops. They’re being paid to use less water. Or, another way to look at it: The feds are leasing the farmers’ water from them in order to keep it in the reservoirs. Which means farmers can keep growing if they want; they just can’t irrigate as much. And alfalfa, it turns out, is fairly drought tolerant, unlike, say, almonds or lettuce or broccoli. So it makes some sense to see alfalfa production hold steady or even climb during a drought.

Credit: Jonathan P. Thompson/The Land Desk

Once again, Imperial County, California, is the West’s biggest alfalfa producer. And the Imperial Irrigation District remains the largest single water user on the Colorado River. Maricopa County, Arizona, is in second place for alfalfa tonnage, which just goes to show that Phoenix sprawl may be gobbling up farm- and desert-land, but the hayfields endure (and Maricopa County is ginormous). And alfalfa production increased substantially between 2017 and 2022 in those places, though it fell in most of the other counties surveyed. 

And here’s something else that doesn’t show up on the graph: Eddy County, New Mexico’s alfalfa acreage and production fell by more than 50% between 1997 and 2022. I don’t know the reason, but I wouldn’t be surprised if it had to do with the Permian Basin oil and gas drilling boom, some of which surely is taking place on farmland. Just a guess. It also might have to do with ongoing drought, I suppose. 

Of course, most of that alfalfa is going to feed livestock, either in the U.S. or elsewhere. And a surprisingly (for me, at least) large percentage of that livestock in the West are dairy cattle. So eschewing beef, alone, in order to save water ain’t gonna be enough. You gotta ditch the whole enchilada, cheese and all! (Ain’t happening).

Credit: Jonathan P. Thompson/The Land Desk

California, especially Tulare and Merced Counties, is dairy country. The state is home to nearly 1.7 million dairy cattle. Idaho runs a distant second for the West, with a mere 664,000. Nearly a half-million dairy cattle call New Mexico home, while Maricopa County has about 103,000 dairy cows. Montana is the West’s beef-cow leader, with California, Wyoming, Colorado, and New Mexico rounding out the top five, in that order. Weld County, Colorado, (home of the Greeley stench) is the beefiest county in the West, with Fresno, Kern, and Tulare in California up there, too. 

$36 million; $14 million; $45 million: Amount spent in 2018 on energy for on-farm irrigation-pumping in the Rio Grande; Upper Colorado; and Lower Colorado watersheds, respectively. 

626,000; 1.4 million Acres of almond orchards in California in 2002 and 2022, respectively. (Aridification ain’t keeping these water hogs at bay, apparently!)

546; 1176 Number of farms in Colorado harvesting vegetables for sale in 1997; 2022, respectively. (A small-farm/farmers market revolution?)

$671,000; $2 million Average value of a Colorado farm’s land and buildings in 1997; 2022, respectively (That amounts to $618/acre then vs. $2,401/acre now, meaning it’s a lot more expensive to get into farming these days if you don’t already have any land). 

37; 105 Number of farms in Nevada harvesting vegetables for sale in 1997; 2022, respectively.

85,446; 58,831 Acres of potatoes harvested in Colorado in 1997; 2022, respectively. (That’s a big drop. I plan to look into this one a bit more in a future dispatch).

2,038,456; 606,105 cwt (approx. 100 lbs) of dry beans harvested in Colorado in 1997; 2022, respectively (Ack! What’s going on?!)

6.8 million; 9.4 million Bushels of corn produced in Arizona in 1997; 2022, respectively. (Another counterintuitive one. Warrants further investigation!)

860,000; 313,000 Bales of cotton harvested in Arizona in 1997; 2022, respectively. 

73,603; 58,492 Acres of land in orchards in Arizona in 1997; 2022, respectively. (Those citrus groves have been displaced by subdivisions, I’m afraid). 

2.7 million; 4.1 million Acres of land in orchards in California in 1997; 2022, respectively. (Wow! A lot of these acres are planted with almonds, surely.) 

2.6 million; 1.8 million Number of hogs and pigs sold by Utah operations in 2012; 2022, respectively. (Yes, Utah is hog-farm central. Smithfield Foods contracts with a bunch of factory hog farming operations in Beaver County. They are cutting back operations, however.)

And the most heartbreaking data point? Dove Creek isn’t even close to being the Pinto Bean Capital of the World anymore. Hell, it’s not even the bean capital of Colorado. Dolores and Montezuma Counties together produced about 25,000 cwt of dried beans in 2022. Yuma County, Colorado, harvested 270,000 cwt. Okay, granted, that’s for alldry beans, not just pintos (the census doesn’t break them out by variety). Still … How the mighty have fallen! 

Are you curious about specific ag stats for your county or state? Drop the Land Desk a line or put your question in the comments below and we’ll try to track down an answer.

Alfalfaphobia? 

JONATHAN P. THOMPSON

SEPTEMBER 23, 2022

Golf course at Page, Arizona, with Glen Canyon Dam and the diminished Lake Powell in the background. Jonathan P. Thompson photo.

In recent weeks I’ve written a piece or Two about Alfalfa. My thesis: As the biggest single water user in the Colorado River Basin, the crop must plan an equally large role in contributing two the cuts necessary to keep the river from drying out. I know, it doesn’t seem like a hot-button topic. I mean, it’s just hay, after all.

Read full story

A follow up

This cool map by the Grand Canyon Trust’s Stephanie Smith shows how these projects usually work and gives a sense of scale and impacts. Source: Grand Canyon Trust.

When I wrote earlier this week that federal regulators had nixed all of the still active proposals for pumped hydropower energy storage facilities on the Navajo Nation, I overlooked one: the proposed Big Canyon Pumped Storage Project on a tributary of the Little Colorado River. Seems that when the Phoenix-based company surrendered permits for two other Little Colorado projects back in 2021, it kept a third proposal alive. Since I hadn’t heard anything about it, I had assumed it had simply faded away. Not quite. 

Confluence of the Little Colorado River and the Colorado River. Climate change is affecting western streams by diminishing snowpack and accelerating evaporation. The Colorado River’s flows and reservoirs are being impacted by climate change, and environmental groups are concerned about the status of the native fish in the river. Photo credit: DMY at Hebrew Wikipedia [Public domain]

This week FERC issued a notice seeking public input on the Pumped Hydro Storage’s application for a preliminary permit for the project, which would be located on Navajo Nation lands. 

So why didn’t FERC reject this project like it did the other proposals? Because back in 2020, when the application was initially submitted, the tribe intervened in the case, but didn’t express outright opposition. Now they have the chance to do so, which presumably would result in the permit’s rejection per FERC’s new policy. The Hopi Tribe has also weighed in on FERC policy and these projects.

Parting Shot

A cow in the desert. Jonathan P. Thompson photo

The Pagosa Area Water & Sanitation District votes to increase rates, capital investment fees: New rages and fees take effect March 1, 2024 — The #PagosaSprings Sun

Wastewater Treatment Process

Click the link to read the article on the Pagosa Springs Sun website (Josh Pike). Here’s an excerpt:

At its Feb. 15 meeting, the Pagosa Area Water and Sanitation District (PAWSD) Board of Directors voted to raise fees and rates for 2024 in accordance with the rate study by Stantec that the board approved at its Dec. 14, 2023, meeting. The board voted to increase the monthly service charge per equivalent unit (EU) by 3 percent, going from $31.44 in 2023 to $32.38 in 2024. The monthly service charge per EU for wastewater was voted to increase by 30 percent from $32.80 in 2023 to $42.64 in 2024. Short-term rentals (STRs) will be charged 140 percent of the wastewater rate, according to the fee schedule approved by the board.

The capital investment fee (CIF) for water increased from $5,352.37 in 2023 to $8,958, and the wastewater CIF increased from $1,178.98 in 2023 to $15,697 in 2024, according to the fee schedule.

Other fees, such as availability fees, dumping fees for septic haulers and water fill station fees also increased, with the increases matching the percentage increase in water rates for water-related fees and the percentage increase in wastewater rates for wastewater-related fees.

The new rates and fees will take effect March 1.

Ignoring an Inconvenient #ColoradoRiver Basin Risk — John Fleck (InkStain.net) #COriver #aridification

Sometimes all we can do is sit and watch and wonder. Credit: John Fleck/InkStain

Click the link to read the article on the InkStain website (John Fleck):

It is agonizing to watch this, but here we are.

With efforts by the Colorado River Basin states to craft an agreement to share the river’s water skidding, brakes screeching, toward a cliff, we appear on the brink of repeating the disastrous mistake the authors of the Colorado River Compact made a century ago: ignoring inconvenient truths about the risks we face, washing away genuine uncertainties with convenient talking points.

As Eric Kuhn carefully documented in a post here [February 22, 2024], there is once again a genuine risk that we will ignore inconvenient truths about a huge uncertainty in our understanding of how much water the river can offer us, and for whom. We are pretending that an uncertainty literally at the scale of millions of acre feet in how we measure and manage water does not exist.

Resource: A freight train of thoughts about the Colorado River — Allen Best (Big Pivots)

Becky Mitchell. Photo credit: Allen Best/Big Pivots

A masterful Upper Colorado River Basin public relations blitz, led by the Colorado Water Conservation Board, would have us believe one set of numbers about the river’s future, a set of numbers that has given Upper Basin water users comfort that they can sit tight and blame others for the river’s woes.

But as Eric’s analysis showed, there are hidden assumptions behind the Upper Basin’s numbers – assumptions that hide a genuine and irreducible uncertainty. The uncertainty is irreducible because more than a century after the adoption of the Colorado River Compact, there is still no agreed upon definition of how to measure the use of water. As Eric wrote, these are questions “with enormous potential impacts on the allocation and distribution of the shrinking Colorado River – questions we have avoided dealing with by draining the Basin’s reservoirs. We no longer have that option.”

ARITHMETIC AND LAW

Eric is a master of the arcane and wonky details of the interface between Colorado River law and hydrology, and I commend you to his analysis – it rewards a careful read. But Eric once described my role in our collaboration as “dewonkifying”, so let me try to put this in simpler terms.

The 1922 Colorado River Compact based its allocations on “beneficial consumptive use”. But the phrase was never defined, and the definitions ended up bitterly contested in the decades that followed. It remains undefined to this day. Or rather, there are two competing definitions that yield very different results.

Each definition makes intuitive sense, and at first glance they look puzzlingly similar. But at the scale of the Colorado River Basin they yield very different results that have become a critical piece of the current basin management debate.

Method A is based on the collective amount of water communities take from the river, minus the amount they return – “diversions less return flows.”

Method B is based on the ultimate impact of that use on the Colorado River downstream of the use – for the Upper Basin, for example, at Lee Ferry, or for Arizona at the confluence of the Gila and the Colorado near Yuma. This is the “stream depletion theory”.

Those might sound so similar that the differences are trivial. And at localized scales they are. But, as Eric explained in yesterday’s post, with a classically Eric Kuhn working out of the mathematical details (I love collaborating with this guy – he shows his work!) at the scale of the Lower Colorado River Basin the differences amount to nearly 2 million acre feet of water.

Under Method A, Lower Basin use is more than 10.1 million acre feet per year, well above its Colorado River Compact allocation of 8.5 million acre feet. This is the methodology the Colorado Water Conservation Board staff used in its now-famous PowerPoint slide purporting to demonstrate that the  Lower Basin is using more than its legally allotted share of the Colorado.

But under Method B, Lower Basin use is some 8.3 million acre feet – less than its Compact allocation. Importantly, Method B is the method adopted by the Upper Basin Compact, and therefore the method used in the Upper Basin’s management of its share of the river.

LET’S BE HONEST ABOUT THE UNCERTAINTIES

To be clear, Eric and I are not arguing in favor of or B. We are arguing, as we did in our book Science be Dammed(we spent chunks of three chapters on this question), that the lack of an agreement over the definition of “beneficial consumptive use” remains a genuine and important unresolved uncertainty in the Law of the River, and our discussions of the future management of the Colorado River need to acknowledge that uncertainty, not pretend that it does not exist.

This is what I, as a stakeholder whose community depends on the Colorado River, expect of those leading the interstate effort – public honesty about the genuine risks and uncertainties we face.

“New plot using the nClimGrid data, which is a better source than PRISM for long-term trends. Of course, the combined reservoir contents increase from last year, but the increase is less than 2011 and looks puny compared to the ‘hole’ in the reservoirs. The blue Loess lines subtly change. Last year those lines ended pointing downwards. This year they end flat-ish. 2023 temps were still above the 20th century average, although close. Another interesting aspect is that the 20C Mean and 21C Mean lines on the individual plots really don’t change much. Finally, the 2023 Natural Flows are almost exactly equal to 2019. (17.678 maf vs 17.672 maf). For all the hoopla about how this was record-setting year, the fact is that this year was significantly less than 2011 (20.159 maf) and no different than 2019” — Brad Udall

#Colorado farmers find plenty of sweet deals at $4.7 million Front Range water auction — Fresh Water News #ColoradoRiver #SouthPlatteRiver #COriver #aridification

Horsetooth Reservoir

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

February 21, 2024

LONGMONT: It is 10:16 a.m. on Valentine’s Day. More than 100 people are gathered in a sprawling room at the Boulder County Fairgrounds. Pencils, notebooks, calculators, auction catalogs and heart-shaped chocolates lie on tables as buyers begin bidding for some of the most sought-after and pricey water in Colorado.

In less than an hour, they will have spent some $4.7 million to buy shares of water in the Colorado-Big Thompson (C-BT) Project, a federal water system whose construction began after the Dust Bowl, which now serves more than 1 million people on the northern Front Range and which helps irrigate thousands of acres of farmland in the South Platte River Basin. It is operated by Northern Water.

This liquid, in some ways, is the Saks Fifth Avenue of water — high quality, clean, neatly packaged and easily delivered within the boundaries of Northern Water’s eight-county district. Another major attraction is that transactions involving C-BT shares don’t have to be approved by Colorado’s water courts, as most water sales do.

Under the contract between Northern Water and the U.S. Bureau of Reclamation, transfers of C-BT Project shares are instead approved by the Northern Water Board of Directors.

Some 90 shares were for sale on that morning, a tiny fraction of the 310,000 shares that comprise the entire project, according to Jeff Stahla, a spokesman for Northern Water, which operates the system for the U.S. Bureau of Reclamation.

And the sales prices were low, averaging just over $52,000 per share, well below the $70,000-plus the water has fetched in recent years, Stahla said.

Jim Docheff is a retired dairyman from Weld County. He sits in the front row, in a Western red felt jacket and tan cowboy hat, one of his sons by his side.

Ultimately he will buy six shares of the water. “It’s all I could afford,” he said, smiling.

How much water is conveyed in a share of the Colorado-Big Thompson system varies from year to year and is tied to how much water the system gathers from the headwaters of the Colorado River and how much irrigators need, Stahla said. Each spring, Northern’s board decides how much water will be allotted to its shares, which are designed to supplement native supplies in the South Platte River Basin.

Some years, the board sets a quota as high as 100% per share, which is one-acre foot. The lowest it has set is 50%. In a dry year, the board might set the quota higher to help growers, and in a wet year, it may be lower because less water is needed.

An acre-foot of water equals about 326,000 gallons.

This purchase will add water security to Docheff’s dairy operations for years to come, he said, as his sons continue the work the family has been doing for 89 years.

But the deal must be approved by Northern Water, which will certify that the water will stay in its district, that it will be put to beneficial use, and that it will serve as a supplemental rather than a sole source of water, a requirement under its federal operating rules.

Docheff and others were surprised by the numbers. “Honestly, I thought the prices were low,” Docheff said.

In recent years, Colorado-Big Thompson shares have topped $70,000. And in fact, one share did sell for $79,200 on Valentine’s Day, but most sold for less, trading in the $50,000 to $72,600 range, according to Scott Shuman of Hall and Hall Auctions, which ran the morning’s proceedings.

And that was good news for farmers, who dominated the bidding. They were able to afford to buy shares in a system in which fast-growing cities from Broomfield north to the Wyoming state line once dominated the sales, often pricing farmers out.

“I think it actually speaks to the fact that there is a robust market for agriculture and you have producers who are looking to firm up their [water] portfolios,” Stahla said.

The lower prices may also be tied to a softening in the housing market in northern Colorado, Shuman said.

“We had an auction in 2019 and we had tons of cities participating,” Shuman said. But not this time around.

“In 2019 there were new subdivisions being built everywhere and we’re not seeing that kind of building now,” he said.

Throughout the proceedings, Carol Yoakum and her family, the sellers of the C-BT shares, sat at the back of the room, watching bid prices post on a huge screen behind the auctioneer.

“I think it went just fine,” she said, after the bidding closed. “I hope it makes everybody happy.”

More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.

Colorado-Big Thompson Project map. Courtesy of Northern Water.

Pacific Northwest tribal nations, states sign historic #ColumbiaRiver Basin agreement with U.S. — The Seattle Times

Columbia River Basin. By U.S. Army Corps of Engineers – Portland District Visual Information, U.S. Army Corps of Engineers, Public Domain, https://commons.wikimedia.org/w/index.php?curid=8963386

Click the link to read the article on The Seattle Times website

Leaders of four Pacific Northwest tribal nations indigenous to the region on Friday inked a historic agreement with the U.S. that lays out the future of the operations of hydropower dams in the Columbia River Basin, including the dams on the Lower Snake River. At the White House on Friday, the Nez Perce, Umatilla, Warm Springs and Yakama tribes, and the states of Washington and Oregon, signed a memorandum of understanding, outlining a series of commitments from the federal government. It’s not an agreement for dam removal; in fact, removal of the Lower Snake dams, a long-running and controversial goal of tribes and other groups, is put off for years. But it’s the end of an era.

“We need a lot more clean energy, but we need to develop it in a way that’s socially just,” Yakama Nation Chair Gerald Lewis said at the White House. “The last time energy was developed in the Columbia Basin it was done on the backs of tribal communities and tribal resources.”

[…]

Tribal nations helped draw up a road map for the future of the region’s energy and salmon. Under the $1 billion-plus agreement announced in December and approved by a federal judge this month,tribes will help restore wild fish and lead in the construction of at least 1 to 3 gigawatts of clean-energy production. The agreement stems from years of mediated negotiations in a decadeslong court battle over dam operations. A stay of litigation is in place for up to five years and could continue for as long as 10. In a key compromise, the agreement also reduces water spilled over the dams for summer and fall run fish, including fall Chinook, one of the more robust salmon runs on the river, and a mainstay of tribal and sport fisheries. That allows the Bonneville Power Administration to sell more power from the dams into the lucrative California power market. However, spring spill would be boosted, to help spring Chinook by providing something more like a spring freshet for young fish migrating to the sea.

It comes as climate change turns more mountain snow to rain, throwing imperiled salmon and steelhead into hot water, and straining access to a steady stream of hydropower.

Map of the Columbia River watershed with the Columbia River highlighted. By Kmusser – self-made, based on USGS and Digital Chart of the World data., CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=3844725

On the #ColoradoRiver, there are no Simple Disputes — Eric Kuhn (InkStain.net) #COriver #aridification

Click the link to read the article on the InkStain website (Eric Kuhn):

February 22, 2024

One of the commentors to our January 19th, 2024, blog post titled “Are We headed for the First Colorado River Compact Tripwire?” – John C. (who, by-the-way runs a very talented water resources engineering firm) raised several finer points to explore further:

The first point deals with obligations of each Basin to contribute water needed to meet U.S. obligations to Mexico under the 1944 Treaty. The second deals with the question of how to measure, and therefore manage, in the context of overall Colorado River Basin management, the use of tributary water in the Lower Basin. Both represent unresolved legal questions with enormous potential impacts on the allocation and distribution of the shrinking Colorado River – questions we have avoided dealing with by draining the Basin’s reservoirs. We no longer have that option.

The two issues have been disputed for decades. They are, of course, totally inter-related, and when one peels back the layers of each, the problems get so complicated that the only real solution may be for the Basin’s states and other stakeholders to ignore their past positions and grievances and negotiate a river management approach that works on the river we have today, even if that means changes to the foundation of the Law of the River, the 1922 Compact.

MEXICO OBLIGATION

The different interpretations of the Upper Basin’s delivery obligations to Mexico under Article III(c) are well understood throughout the Basin. III(c) says that water for Mexico should be provided from “surplus”. If there is no surplus, the Upper and Lower Basins much each provide half the necessary water. But there has never been agreement on what that language means in practice. This unresolved uncertainty has enormous implications for how much water is available to each basin in the future.

The Lower Division States take the position that there’s no current “surplus,” as defined by Article III (c), thus the Upper Division States must deliver at Lee Ferry 50% of however much water is required to be delivered under the Treaty. The annual delivery is normally 1.5 maf/year, but under either the “extraordinary drought” provision of the Treaty, or Minutes, it could be less. In 2023, it was 1.4 maf.

The Lower Division States’ position would dictate an average annual delivery of 8.25 maf/year at Lee Ferry, 7.5 maf under Article III(d) + 750,000 af under Article III(c). The 8.25 maf includes an average contribution of 20,000 af/year from the Paria River and would be adjusted for the occasional annual delivery of less than 1.5 maf. Veterans of the negotiations that led to the 2007 Interim Guidelines will recall that Arizona’s Herb Guenther always brought with him to the meetings a posterboard sign with “8.25” written on it.

Going back to the 1970 decision by the Secretary of the Interior to set the “minimum objective release” from Glen Canyon Dam at 8.23 maf/year, the Upper Division States have consistently taken the position that their annual obligation Mexico has never been formally defined and, whatever it is, it is not 750,000 af/year, every year. While they vigorously complained, they never chose to formally challenge the issue in court or in Congress, perhaps because they concluded that they couldn’t show that any of their interests were injured. Today, based on post-2000 hydrology, that dynamic may have fundamentally changed.

The basic position of each basin has not changed. If anything, because the stakes are much higher, the positions have hardened. In a December 20, 2022, scoping letter to Reclamation, Arizona’s Tom Buschatzke, and Ted Cooke, wrote: “Article III(d) and (c) prohibits the Upper Division States from depleting the flow of the river at Lee Ferry below a rolling 10-year aggregate of 75 maf plus one-half of the Mexico delivery obligation. With reduced releases from Glen Canyon Dam potentially analyzed under the SEIS, if the 10-year rolling aggregate falls below the required aggregate volume, the Upper Division States could be subject to a “Compact call” that would require a reduction in consumptive use in the Upper Basin.  In footnote 1, they add “A “surplus” currently does not exist because natural flows in the Colorado River have not exceeded 16 maf in the past 10 years.”  In their August 15, 2023, scoping letter, the three Lower Division States write: “The Post-2026 EIS must analyze whether alternatives are consistent with the 1922 Colorado River Compact non-depletion obligations and delivery obligations to Mexico. Alternatives should include actions necessary to ensure compliance with such obligations.”

Eugene Clyde LaRue measuring the flow in Nankoweap Creek, 1923. Photo credit: USGS

The Upper Division States are equally adamant that because of overuse in the Lower Basin, they currently have no annual obligation to Mexico under Article III(c). Note that I used the term “Lower Basin” because under the 1922 Compact, the Lower Basin includes the upper Gila River in New Mexico, where uses are small, Kanab Creek in Utah and Arizona, again uses are small, and the Virgin River, shared by Nevada, Arizona, and Utah, where uses are not small. The Virgin River is the water supply for the rapidly growing St. George area.  As a state, Utah consumes the second largest amount of Lower Basin tributary water, about 150,000 af/year, albeit much less than Arizona.

In recent public presentations, Colorado Commissioner Becky Mitchell has stated that the Lower Basin’s total annual use, including tributaries and reservoir evaporation, were 10.5 maf in 2020, 10.8 maf in 2021, and 10.4 maf in 2022, far more than the Lower Basin’s compact apportionment (7.5 maf under Article III(a) plus 1.0 maf under Article III(b)). Their position is that the Lower Basin’s overuse is “surplus” water that must first be used to meet the 1944 Treaty obligations to Mexico before the Upper Division States have any obligation to Mexico, a position the Lower Division States do not agree with.

The situation is messy. As I explain below, Mitchell’s 10-plus million acre foot calculation is based on analysis that contains a hidden assumption about the correct way to measure water use, an assumption at odds with the method the Upper Basin has traditionally used to measure its own water use. But when one peels back the layers, it’s even messier. First, there is no agreement on whether the obligation of the Upper Division States to Mexico is calculated on an annual basis, a ten-year rolling aggregate basis, or something else (I’m in the something else camp). The predominant position the Upper Division States is, as mentioned in John’s comments, that the since the 1944 treaty provides for an annual delivery to Mexico (which can change), therefore, the obligation of the Upper Division States is determined annually. As can be seen by the language in the Arizona and Lower Division States letter, the Lower Basin states’ position is based on a ten-year rolling aggregate. The logic of this position is that the last sentence of Article III(c) states: “whenever necessary the States of the Upper Division shall deliver at Lee Ferry water to supply one-half of the deficiency so recognized in addition to that provided in paragraph (d).”  Paragraph (d) is a ten-year requirement; does it make sense to add an annual requirement to a ten-year requirement? Further, the data necessary to determine whether a deficiency exists (and thus the obligation of each basin) would not be available until well after the water year is over.

My reading of the reports of the compact commissioners, their Congressional testimony, and the minutes of both the 1922 and 1948 suggests a third possible alternative.  The negotiators of the 1922 Compact, the 1944 Treaty, and the 1948 Compact considered the surplus to be the difference between the average long-term natural flow of the river at the international boundary and 16 million acre-feet, the aggregate of the apportionments made by Articles III(a) and III(b). During the negotiations of the 1948 Compact, Colorado’s Royce Tipton and Arizona’s Charles Carson laid out the logic. Based on the comprehensive hydrologic analysis conducted by Reclamation (Appendix I of the 1947 Comprehensive Report), the estimated long-term natural flow below the confluence of the Colorado and Gila Rivers was 17.7 maf/year. Subtracting 16 maf left an average surplus of 1.7 maf, 1.5 maf for Mexico and about 200 kaf for surplus uses within the United States. Upper Division State officials argued that with this hydrology there was no deficiency. Colorado’s Tipton and Clifford Stone (its 1948 Compact Commissioner), however, did acknowledge that the location of the surplus was an important factor.

With their 1940s understanding of the river hydrology, the Upper Division States did not want the deficiency calculated either on an annual basis or a ten-year running average. They understood that in both cases, they would be required to deliver more water to Mexico than using the long-term average. Under an annual determination, there would be many years (~50%) when there was a deficiency. Under the ten-year rolling average, there would be long periods when it would be below 16 maf/year and there would be a deficiency (the 1930s drought period for example) but provided the long-term average was more than 17.5 maf/year, there would be no deficiency. Tipton also made the point that in the future, the construction of additional storage reservoirs (like Lake Powell) would effectively “equate” the river. Today’s problem with this approach is that in the 1940s, the basin’s water managers assumed a level of “stationarity” (future river flows can be predicted by what happened in the past) that because of climate change does not exist today.

Resource: Stationarity is dead: Whither water management?

An additional problem we have today is the calculation of the deficiency is based on the natural flow at the international border with Mexico, not Lee Ferry. Note that the Arizona letter states, “natural flows in the Colorado River have not exceeded 16 maf/year.” That statement is very likely true, but there are no data to back it up. Unlike Lee Ferry, there are no recent calculations of annual natural flows at the international border. There is no Colorado River system natural flow database. The existing database includes natural flows to Lee’s Ferry, but downstream to the Imperial Diversion Dam, Reclamation acknowledges that they have little confidence in these data and much of it is not based on reconstructed natural flows.  Importantly, the existing natural flow database does not include the Gila River system.

The last widely published estimate of natural flows at the international border was completed by the Bureau of Reclamation nearly eighty years ago (Appendix I). These data were used during the 1944 Treaty ratification hearings and, to a lesser extent, by the 1948 Compact negotiators. Appendix I shows an average natural flow at the border of 17.72 maf/year. At Lee Ferry, it was 16.41 maf/year (based on1898-1943). Assuming a similar relationship between the flows today, from 2000-2023 the estimated natural flow at the border, including the Gila, would be approximately 13.5 maf/year (12.44/16.41 x 17.72). Note, because of climate change, which appears to have a greater impact on the southern tributaries of the Colorado River system, the relationship may no longer be reasonable.

Gila River watershed. Graphic credit: Wikimedia

Updating the natural flow database to include the Gila River has been suggested by Upper Division State officials, but Arizona has historically objected. Clearly this would not be an easy task and there would be large uncertainties, especially estimating with any certainty natural losses on the Colorado River below Hoover Dam and on the Gila River from the Phoenix area to Yuma under today’s climatic conditions.

LOWER BASIN TRIBUTARY USE

The Gila River is also the central subject of John C.’s second comment that Arizona, California, and Nevada should be concerned that including mainstem consumptive uses, tributary consumptive uses (including those in Utah and New Mexico), reservoir evaporation, and maybe system losses, the Lower Basin total consumptive uses exceed its compact apportionment of 8.5 maf/year. Alternatively, Lower Basin tributary consumptive uses far exceed 1.0 million acre-feet – if one believes Article III(b) was intended to only cover Lower Basin tributaries.  The problem with this argument is that there is no 1922 Compact definition of “beneficial consumptive use” (the “commodity” the Compact apportions). This is especially important for the Lower Basin tributaries.

There are different interpretations among the states and between the basins of how “beneficial consumptive use” should be defined and therefore measured. Each has a strong legal argument in its favor. But their approaches result in vastly different numbers, and as my co-author John Fleck has written, “There’s not enough water for all the lawyers to be right.”

Article VI of 1948 Compact defines and provides a method measuring compact apportionments for the Upper Basin. The 1964 decree in Arizona v. California defines how to measure the mainstem apportionments made to the Lower Division States under the 1928 Boulder Canyon Project Act. Since the 1963 decision did not interpret the 1922 Compact and there is no Lower Basin Sub-Compact, there is no accepted or defined method for measuring 1922 Compact apportionments on the Lower Basin tributaries (and arguably the entire Lower Basin).  The methods used by the 1948 Compact and the 1964 Decree are very different. The 1964 Decree uses the concept of “diversions minus return flows.” It comes from the language of the Boulder Canyon Project Act. Stream losses and reservoir evaporation from Hoover Dam to the points of diversion are not considered a use, but rather a limitation on the available supply.

September 21, 1923, 9:00 a.m. — Colorado River at Lees Ferry. From right bank on line with Klohr’s house and gage house. Old “Dugway” or inclined gage shows to left of gage house. Gage height 11.05′, discharge 27,000 cfs. Lens 16, time =1/25, camera supported. Photo by G.C. Stevens of the USGS. Source: 1921-1937 Surface Water Records File, Colorado R. @ Lees Ferry, Laguna Niguel Federal Records Center, Accession No. 57-78-0006, Box 2 of 2 , Location No. MB053635.

The 1948 Compact approach for defining and measuring consumptive use under Article VI is based on what was referred to as the “stream depletion” theory. Consumptive uses for the Upper Basin and for the individual states are measured as the net impact of man-made depletions on the natural (AKA virgin) flow of the Colorado River at Lee Ferry using the “input-output” method. The 1948 Compact gives the UCRC the authority to change the method by unanimous approval. The UCRC has instructed its staff to identify an alternative to the input-output method, so this may happen soon.  Article VI was one of the most debated and carefully written articles in the 1948 Compact. The negotiators had a clear objective in mind. They wanted to carefully define how to measure compact apportionments so that water made available for consumption through “salvage by use” would not count as compact apportioned use.

The issue of salvaged water was a major dispute among the basin states in the 1940s and 1950s. Simply put, salvaged water is water made available for use by the reduction of natural losses caused by the development of the river. The best example of salvage by use is Arizona’s Gila River. As the Gila River and its two major tributaries, the Salt and Verde Rivers, leave the rim country upstream of Phoenix, they have a combined average natural flow of over 2.0 maf/year (2.3 according to the 1947 report). As the river flows to its confluence at Yuma, in its natural state it loses about 1.0 maf/per year. By diverting and using the entirety of Gila River’s waters upstream, these losses are eliminated. Thus, Arizona can consume a million af/year more water than what the Gila River contributes to the natural flow of the Colorado River system.  Under the “stream depletion” theory, which was favored by Arizona and the Upper Division States, Arizona is only charged for a million acre-feet of 1922 Compact apportionment. Under California’s “diversions minus return flows” theory, also favored by Nevada, all 2+ maf/year of Arizona’s Gila River consumptive use would be charged as 1922 Compact apportionment.

The Upper Basin adopted the stream depletion theory during an era when the states were competing for every acre-foot possible. They thought could benefit by 400,000 -600,000 af per year. Simply put, in years when the water was physically available, the Upper Basin could consume 7.9 – 8.1 maf/year while only depleting the natural flow of the river at Lee Ferry by 7.5 maf/year (their compact apportionment). The negotiators never contemplated that 75 years later, the water available to the Upper Basin would be far less than 7.5 maf.

During the negotiations of the 1948 Upper Basin Compact, the decision to use the stream depletion theory was thoroughly debated. Wyoming’s legal advisor, W. J. Wehrli, warned the other states that using this definition would benefit the Lower Basin far more than the Upper Basin. Additionally, he noted that it could reduce the amount of surplus water under Article III(c), potentially increasing the obligation of the Upper Division States to Mexico. Wyoming ultimately fell in line and agreed to the Article VI definition. During the Congressional debate over the authorization of the Central Arizona Project, Upper Division State officials (primarily Tipton and Stone) testified in favor of the stream depletion theory, arguing that the negotiators of the 1922 Compact intended this method to measure apportionments. Note, the compact does not include a definition of “beneficial consumptive use,” they made their case based on an analysis of the minutes and the use of the term “depleted” in Article III(d).

The structural deficit refers to the consumption by Lower Basin states of more water than enters Lake Mead each year. The deficit, which includes losses from evaporation, is estimated at 1.2 million acre-feet a year. (Image: Central Arizona Project circa 2019)

The Upper Division States make a rhetorically powerful public argument that in the face of climate change, overuse in the Lower Basin is the central problem in the Colorado River Basin that must be solved to reach a sustainable future where water use, and the available supply are in balance. The argument is that when mainstem uses, reservoir evaporation, system conveyance losses, and tributary consumptive uses (in Arizona, Nevada, New Mexico, and Utah) are added together, the Lower Basin’s total use exceeds ten maf/year, perhaps as high as eleven maf/year. The Lower Basin’s compact apportionment, however, is only 8.5 maf/year (perhaps 7.5 maf/year depending on how Article III(b) is interpreted), resulting in an overuse of at least 1.5 maf/year. Such an overuse has major policy implications:

  • If the Lower Basin is overusing its compact entitlement, why should the Upper Basin, which is using far less than its apportionment, reduce its uses to help bring the system into balance?
  • Should the Lower Basin’s overuse be considered “surplus” water under Article III(c)? If so, should this surplus water be delivered to Mexico before the Upper Division States have any obligation to deliver half of the deficiency to Mexico?
  • These two questions have implications for Mexico, if the Lower Basin is overusing its compact apportionment, why should Mexico reduce its annual use?

The problem with the Upper Basin’s argument is that it’s based on the diversions less return flow theory. If the Lower Basin’s uses are calculated based on the stream depletion theory – the methodology the Upper Basin adopted in its own 1948 Upper Basin Compact, uses may not be greater than 8.5 maf/year.

Stream DepletionDiversions less Return Flows
Mainstem uses (a)6.6 maf/year6.6 maf/year
Reservoir Evaporation (b)0.5 maf/year0.86 maf/year
System Losses (c)00.45 maf/year
Tributary Uses (d)1.2 maf/year2.2 maf/year
Total8.3 maf/year10.1 maf/year

Explanation:

a) Mainstem uses (deliveries from Hoover Dam) are very similar under both theories. Almost all mainstem uses are either fully consumptive or located low in the system. The average mainstem use by the Lower Division States over the last five years (2019-2023) is approximately 6.6 maf/year.

b) Under diversions less return flows the 0.86 maf/year is the average evaporation (2017-2021) from the December 2023 Reclamation study. Under the stream depletion theory, reservoir evaporation is calculated as surface evaporation less the natural losses in the inundation area that would have occurred had the reservoir not been built. This is how evaporation on Lake Powell is calculated. I estimated natural losses as .36 maf/year.

c) The 0.45 maf/year is from the December 2023 Reclamation study. Under the stream depletion theory, system losses are offset by salvaged water. As a practical matter, we have no idea how much salvaged water is currently generated on the mainstem below Hoover Dam, but we do know that the channel is much smaller today than it was before development. In 1945 during the Mexican Treaty ratification hearings, Colorado’s Royce Tipton estimated the number to be 400,000 af/year. I’ll assume they offset.

d)Under diversion less return flows, tributary uses are 2.2 maf/year, the latest data from the 2001-2005 Consumptive Uses and Losses and Report. Under the stream depletion theory, it’s reduced by 1.0 maf/year, the estimated salvage on the Gila River from the 1947 study. Because of climate change, losses today may be greater, but no data are available.

Thus, using the diversions less return flows theory, the Lower Basin is clearly using more than 8.5 maf/year, but under Upper Basin’s own stream depletion theory, it is not. Since the 1922 Compact neither defines nor prescribes a way to measure “beneficial consumptive use,” the basic question – “is the Lower Basin overusing its compact apportionment?” simply cannot be answered. [ed. emphasis mine]

These disputes also point to the fundamental flaw with the states’ talking point that the 1922 Compact, the 1948 Upper Basin Compact, and the Mexican Treaty will serve as the foundation of the post-2026 operating rules. There is no agreement on what they say or mean. As the states continue their discussions with the goal of agreeing on a state proposal, they need to consider addressing the disputed compact issues in a straight-forward manner. Leaving these critical uncertainties for future generations to handle (like we have in the past) is no longer possible and asking the Supreme Court for a resolution will likely make matters worse, not better.

Map credit: AGU

Pitkin County exploring concern that Shoshone deal could harm #RoaringForkRiver: Upper Fork ‘lives and dies’ on the Cameo call — @AspenJournalism #ColoradoRiver #COriver #aridification

The Shoshone hydropower plant in Glenwood Canyon has one of the oldest non-consumptive water rights on the main stem of the Colorado River and that right is in the process of being acquired by the Colorado River Water Conservation District. Pitkin County is exploring potential impacts the deal might create for the upper Roaring Fork River. CREDIT: BRENT GARDNER-SMITH/ASPEN JOURNALISM

Click the link to read the article on the Aspen Journalism website (Heather Sackett):

February 21, 2024

An historic deal to put a senior water right in the hands of the Colorado River Water Conservation District has been celebrated as a victory for the Western Slope. But Pitkin County officials say there’s a chance it could harm the upper Roaring Fork River.

Map of the Roaring Fork River drainage basin in western Colorado, USA. Made using USGS data. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69290878

In December, the Glenwood Springs-based River District signed a deal with Xcel Energy to buy water rights associated with the Shoshone hydropower plant in Glenwood Canyon for $98.5 million. As some of the biggest and oldest non-consumptive water rights on the mainstem of the Colorado River, they ensure water keeps flowing west to the benefit of downstream users because the water runs through Shoshone’s power-generating turbines and then returns to the river.

Pitkin County’s concerns have to do with the complex interaction of the Shoshone water rights with another set of big downstream water rights known as Cameo, which are made up of Grand Valley irrigation water rights. These two senior water rights have the ability to command the flow of the Colorado River and force Front Range cities that send water from the Colorado’s headwaters across the Continental Divide to shut their diversions off.

Under Colorado’s cornerstone of water law, known as prior appropriation, oldest rights get first use of the water. When a senior water right isn’t receiving its full amount, it can place a “call.” When Shoshone, which dates to 1902, places a call, transmountain diverters like Denver Water and Northern Water have to shut off. When Cameo places a call, the Twin Lakes Reservoir and Canal Co., which takes water from the top of the Roaring Fork basin to Colorado Springs, Pueblo and Aurora, has to shut off because its 1930s water rights are junior to Cameo’s 1912 water rights.

About 600 cfs of water from the Roaring Fork River basin flowing out of the east end of the Twin Lakes Independence Pass Tunnel on June 7, 2017. Photo: Brent Gardner-Smith/Aspen Journalism

Pitkin County’s concern is that with Shoshone under new ownership — and the proposed addition of an instream flow use for the water along with hydropower — the call for the water through Glenwood Canyon could be on more often, which might delay or reduce the need for the Cameo call. Aspenites like to see the Cameo call come on because it forces the Twin Lakes diversion to shut off, which means more water flowing down the Roaring Fork, typically during a time of year in late summer and early fall when streamflows are running low and river health is suffering.

“The upper Roaring Fork lives and dies on the Cameo call because that’s what curtails Twin Lakes,” Pitkin County Attorney John Ely, who sits on the River District’s board, said in an interview with Aspen Journalism. “If the Cameo call is changed through administration of the river because there is a change in the flow going to satisfy Shoshone, then that could delay Cameo, which would prolong the operation at Twin Lakes and deplete the upper Fork.”

Pitkin County in November hired Golden-based engineering firm Martin and Wood Water Consultants to do a technical analysis and modeling of the Colorado and Roaring Fork rivers. They bill in monthly installments and have charged Pitkin County $6,600 so far, according to Ely; the firm is expected to produce a report after they finish studying the issue, although Ely did not say when that would be.

Graphic credit: Laurine Lassalle/Aspen Journalism

Health of Roaring Fork dependent on Cameo

The River District has said the goal of owning the Shoshone right is to preserve the status quo and keep water flowing west the same way it always has. Xcel representatives have said they intend to keep operating the plant for hydropower, but the facility is old, frequently offline for repairs and located in a treacherous area of Glenwood Canyon.

Ely isn’t so sure that nothing would change. If the Colorado Water Conservation Board (CWCB) was to place a Shoshone instream flow call, it could alter the way the system has historically operated, he said. The CWCB is the only entity allowed to hold an instream flow water right, which is intended to preserve the natural environment to a reasonable degree.

“If it wasn’t going to change the administration of the river, why would anyone pay $98 million for it? … The potential for injury (to the Roaring Fork) is most definitely there,” he said.

River District General Counsel Peter Fleming said the organization is working with Pitkin County to look into the issue.

“The question has arisen and we’re working in good faith with the county to identify and resolve any concerns,” he said. “We’re going to determine whether there is an actual issue that we can accommodate.”

The Cameo call comes on most years in late summer. But it occurs for more days in dry years than wet ones. According to a database maintained by the Colorado Division of Water Resources, in 2019 and 2023 — both years with above-average snowpack and runoff — the Cameo call was on for 22 and 24 days, respectively. In 2020 and 2021 — two back-to-back below-average years — Cameo called for 88 and 75 days, respectively.

The health of the upper Roaring Fork may be more dependent on the Cameo call in drought years.

Wendy Huber is board chair of Pitkin County Healthy Rivers, a taxpayer-funded organization focused on maintaining and improving water quality and quantity in the Roaring Fork watershed that doles out grants and advises the board of county commissioners. She said Healthy Rivers needs more information from engineers about the impacts from any changes to Shoshone on the Cameo call.

“The Cameo call may allow more water to remain in the Roaring Fork to satisfy the call,” Huber said. “We need to understand the potential impact on quantity of water in our Roaring Fork Valley rivers, especially the Roaring Fork and Crystal rivers.”

Ely said he is optimistic Pitkin County will reach a resolution with the River District, at which point the county would be in a position to support the Shoshone permanency campaign. The River District has committed $20 million from its own pocket, and so far has secured $20 million in funding from the CWCB and $2 million from Grand Valley domestic water provider Ute Water Conservancy District toward purchasing the Shoshone rights. It is in the process of seeking funding from other entities in its 15-county district.

“Water is just simply too scarce a resource to not be mindful that you must protect your interests,” Ely said. “We’re not looking to get in the way of Eagle and Garfield and Mesa counties protecting themselves, but we don’t want to sacrifice our river for them to be able to do so.”

This story ran in the Feb. 22 edition of the Glenwood Springs Post-Independent.

Map of the Colorado River drainage basin, created using USGS data. By Shannon1 Creative Commons Attribution-Share Alike 4.0

Senators and Agencies Support Improving Tribal Access to Clean Water at Committee Legislative Hearing — Getches-Wilkinson Center

Manuel Heart, Ute Mountain Ute Chairman. Photo credit: Getches-Wilkinson Center

Click the link to read the article on the Getches-Wilkinson Center website (Frannie Monasterio):

February 21, 2024

On Thursday, February 8, 2024, the Senate Committee on Indian Affairs held a Legislative Hearing to gather more information about several tribal bills,1including S. 2385, the Tribal Access to Clean Water Act of 2023, which we have covered in a previous blog. It was the Committee’s first hearing in 2024.

Witnesses commenting on the Act included Melanie Anne Egorin, Assistant Secretary for Legislation the Department of Health and Human Services; Kathryn Isom-Clause, the Deputy Assistant Secretary of Indian Affairs within the Department of the Interior; and Manuel Heart, Chairman of the Ute Mountain Ute of Colorado.

Though several bills were raised during the Hearing, comments from Senators Bennet (D-Colorado) and Murkowski (R-Alaska) focused almost exclusively on the lack of access to water and water infrastructure experienced by Tribes.

Some of the Ute Indian Tribe’s irrigation system is in poor condition, as shown here on the Uintah Canal east of Salt Lake City. Source: Tribal Water Study

Senator Bennet, who introduced the Tribal Access to Clean Water Act last year in July, highlighted that “only half of households on Native American reservations have clean water or adequate sanitation.”2 Senator Bennet stated the lack of water access “is completely unacceptable to me, and it should be unacceptable to every member of the United States Senate. No family in this country should have to raise their children without clean water. No member of a Tribe should have to accept circumstances none of us would accept for our own family.”3

Senator Murkowski raised concerns for water access for Alaska Native communities. Lack of access to indoor plumbing, she noted, impacts one in ten Native Americans in 2024, and is “one of our great public health challenges in rural Alaska and so many parts of the country.”4

Ms. Egorin of the Department of Health and Human Services, within which the Indian Health Service (IHS) is housed, acknowledged that “too many tribal families still do not have access to clean water and reliable wastewater infrastructure.” The Department is still reviewing the implications of the Act and has not expressed support but stated it “would like to continue to work with the bill sponsors and Committee to ensure compatibility with existing sanitation facility authorities, and determine the best way to serve non-eligible homes and commercial properties located within tribal communities.”5

Ms. Egorin also commented on S. 3022, the IHS Workforce Parity Act of 2023, as a means to help address staffing issues chronically experienced by the IHS. Although healthcare services and sanitation services are different programs within the agency, the two are related. Health and Human Services reported that “[t]he absence of clean water to sanitation facilities for tribal households exacerbate concern for the Indian Health Service Clinical Health Care Program” and that “[e]fforts by other public health specialists such as nutritionists and public health nurses are much more effective when safe water and adequate wastewater disposal systems are available in the home.”Furthermore, “[e]very $1 spent on water and sewer infrastructure will save $1.23 in avoided direct healthcare cost.”7

Ms. Isom-Clause, the Deputy Assistant Secretary of Indian Affairs within the Department of the Interior, also commented on the S. 2385 and some of the services offered by Interior programs that help address water security issues. The “Bureau of Reclamation’s Native American Affairs Technical Assistance Program or TAP,” for example, “provides technical assistance to Tribes to develop, manage, and protect their water and related resources” and supports “a broad range of activities, including water needs assessments, improved water management studies, water quality data collection assessments, and water measurement studies.”8

Though Interior has not expressly supported S. 2385,9 it “is committed to further developing this program in the coming years, including with the FY 2024 President’s Budget Request of” $23.5 million.10

Ms. Egorin and Ms. Isom-Clause did not comment on water-related treaty obligations or trust responsibilities the United States has to Tribes.

Manuel Heart, Chairman of the Ute Mountain Ute of Colorado, poignantly stated, “[o]ne of the most significant issues facing the Tribe today is access to reliable, clean drinking water.” He detailed Ute Mountain Ute’s ongoing challenges in addressing water insecurity in both his oral testimony and prepared statement, highlighting the looming difficulties many western Tribes face when trying to access water. Chairman Heart supported S. 2385 as “a necessary first step to meeting . . . the United States’ treaty obligation and trust responsibility to Ute Mountain Ute people.”11

One of these hurdles is that the Ute Mountain Ute’s tribal lands span three states: Colorado, New Mexico, and Utah. The result is that Ute Mountain Ute must coordinate with each state individually as water issues surface

Lake Nighthorse and Durango March 2016 photo via Greg Hobbs.

In Colorado, the Ute Mountain Ute experience the dichotomy of paper water, the amount of water to which they are legally entitled, and “wet water,” the water that they actually receive.12 Under “the Colorado Ute Settlement Act of 2000,” the Ute Mountain Ute were guaranteed “16,525 acre-feet of water from the Animas-La Plata Project (ALP) at Lake Nighthorse. However, year after year, the Tribe has been unable to access its water due to the lack of water infrastructure connecting the ALP project to the Tribe’s reservation lands.”13 Ute Mountain Ute receive no compensation for leaving the water available from the Animas-La Plata.14

White Mesa Mill. Photo credit: Energy Fuels

Meanwhile, in Utah, the Ute Mountain Ute White Mesa community is afraid to drink the water available to them because of a uranium mill located 2.5 miles north.15 “Presently the Tribe is in discussion with the state engineer of Utah in settling the Tribe’s water rights in White Mesa.”16

Beyond the aforementioned issues, tribal water infrastructure projects are plagued by capacity limits. Many projects, for example, require planning and design to become shovel-ready.17 Operations and maintenance after construction also remain a problem. Relatedly, Senator Murkowski noted a study by the Government Accountability Office “to examine the operation and maintenance issue in greater detail.”18

Although not mentioned directly in this Hearing, parity to access Bipartisan Infrastructure Law (BIL) funding is another issue for other North American Indigenous communities. Senator Bennet hinted at it when he “welcomed the Committee’s feedback on how to approve this legislation so we can ensure Native Hawaiians and Alaska Natives and Tribes across the country can access Bipartisan Infrastructure Law funds to guarantee reliable access to clean water.”19 The issue was also raised during the Committee’s Oversight Hearing on Water as a Trust Resource, held in September 2023, when Mr. Kali Watson, Director the Department of Hawaiian Home Lands, stated that Native Hawaiians were not eligible for BIL funds for water and other infrastructure needs.20

The relationship between Tribes and the federal government creates additional, unique hurdles for accessing clean water. Senator Murkowski recalled the September Hearing “on the trust responsibility of providing for water and sanitations needs for those in our Native communities” and noted “the significance, the importance, [and] the responsibility to deliver clean, affordable water to our Native communities.”21 Senator Bennet stated that the lack of water infrastructure “is particularly egregious because it is a direct consequence of the federal government’s failure to honor promises and treaties made to Tribes across this land.”22 Although raised at the September hearing, no federal legislative responses appear to be in sight for the time being.

The Committee is leaving the record open for two weeks after the Hearing for additional questions and comments about the bills. Ideally, the Committee’s next step would be to markup S. 2385, at which point Committee members would consider possible changes, before moving the bill to the Senate floor.23

Check out our previous blog post on the Tribal Access to Clean Water Act of 2023, where we outlined how its passage would facilitate Tribal access to clean water. For additional information about the Act, including its partners and supporters, check out the Universal Access to Clean Water’s page.

List of Resources

North American Indian regional losses 1850 thru 1890.

Coloradans offer to cut water use in exchange for $8.7 million — @BigPivots #ColoradoRiver #COriver #aridification

Water feature along Pueblo’s River Walk. Photo/Allen Best

Click the link to read the article on the Big Pivots website (Shannon Mullane):

February 18, 2024

Coloradans gunning to join this year’s effort to save water in the Colorado River Basin could help conserve up to 17,000 acre-feet of water — much more than the 2,500 acre-feet saved in 2023 — and receive about $8.7 million in return.

The voluntary, multistate program pays water users to temporarily use less water. State and federal officials relaunched the effort, called the System Conservation Pilot Program, in 2023 in response to federal calls to cut back on water use in the drought-stressed river basin. After a stumbling relaunch in 2023, this year’s program is moving forward with more applications, more potential water savings and more money for participants.

“The changes this year — it was just much more transparent,” said Greg Vlaming, a consultant who helped nine growers apply to the program. “The application process was simple and easy. It took me less than 15 minutes per application.”

The conservation program was initially piloted from 2015 to 2018. In 2023, officials relaunched it with $125 million in federal funding as a way to cut back on water use in response to a looming water supply crisis in the Colorado River Basin. The basin supplies water for 40 million people across the western U.S., 30 Native American tribes and northern Mexico.

Interest in the program has grown steadily. During the four-year pilot, about 15 to 45 people applied each year. In 2023, the program received more than 80 applicants.

But program costs have grown as well, in part because the program’s managers have boosted reimbursement rates to keep up with rising crop prices, according to the Upper Colorado River Commission, which oversees the program.

Last year, the four Upper Basin states — Colorado, New Mexico, Utah and Wyoming — spent nearly $16.1 million in federal funding to conserve about 37,810 acre-feet of water. During the four-year pilot, the program spent half that amount, about $8.5 million, to conserve more water, about 47,000 acre-feet.

One acre-foot supports about two families of four to five people for one year.

This year’s application period closed in December with 124 applications, according to the Upper Colorado River Commission. Of those, Colorado water users submitted 56; Utah, 32; New Mexico, one; and Wyoming, 35.

The river commission, which includes representatives from the federal government and each of the Upper Basin states, is scheduled to consider the applications March 4.

Then, once a federal review is complete and all project details are finalized, applicants have the final say about whether they will participate. The commission aims to launch the conservation projects in April, said Executive Director Chuck Cullom.

In Colorado, most of the applications come from farmers and ranchers who proposed cutting their water use by temporarily fallowing fields, or by switching to crops that use less water or can better withstand drought. About 20 proposals aim to save enough water to warrant $100,000 or more in compensation per project.

The Ute Mountain Ute tribe of southwestern Colorado has offered to use crops that require less water and will, if the tribe’s offer is accepted, get $1.1 million in return. Photo credit: Allen Best/Big Pivots

The Ute Mountain Ute Farm and Ranch in southwestern Colorado proposed the state’s biggest project this year. If approved, the enterprise will use crops that require less water and will fallow nearly 900 acres of land for an estimated 2,172 acre-feet of water savings. It would receive $1.1 million in return.

David Harold, owner of the Tuxedo Corn Company in Olathe, proposed saving 600 acre-feet of water. In return, he’d get about $305,000, roughly equivalent to the cost of a nice tractor, he said.

The program asks farmers to cut down their water use — buy-and-dry under a different name — but it’s also a way to experiment, he said. How can he respond to an uncertain water supply with as little impact to the local economy as possible and still survive as a farmer?

Harvesting a Thinopyrum intermedium (Kernza) breeding nursery at The Land Institute By Dehaan – Scott Bontz, CC BY 3.0, https://commons.wikimedia.org/w/index.php?curid=5181663
Sainfoin (Onobrychis viciifolia) has amazing properties and was largely ignored during the post war years of industrial agriculture. Not surprisingly, it’s making a bit of a comeback. Photo credit: Soil Association

Harold chose not to fallow — not growing crops means fewer hands to help with production and that impacts the local economy. Instead, he decided to turn off irrigation when it was hottest and least efficient, and to grow more drought resistant crops, like Kernza and sainfoin.

The payment was enticing, but in the long term not enough to offset all of the uncertainties that farmers face, he said. The conservation program’s reimbursement rate could change, or the program could end. There was a disaster with corn earworm in the sweet corn industry last season. State regulations, water supplies and labor costs change.

“The list goes on and on and on of why I should be doing everything I can to diversify or maneuver. Be agile. Be thoughtful,” Harold said. “The past will not be the future; what my dad did is not likely what’s going to work for me. It’s kind of daunting out there.”

Alan Ward stands at the Ewing Ditch headgate.

Pueblo Water was the only municipal water provider to apply. The Front Range utility normally takes about 943 acre-feet of water from the Ewing Placer Ditch in the Colorado River Basin and diverts it into the Arkansas River Basin for homes and gardens around Pueblo. If accepted, it will leave all of that water in the Colorado River Basin in return for up to $479,987.

“The primary purpose we’re doing it is just because we think, for this particular year, the water’s going to be more valuable in the System Conservation Pilot Project than it’s going to be on the Arkansas River,” said Alan Ward, division manager of water resources for Pueblo Water. “I don’t think we have plans to dedicate it (the funding) to any specific purpose. Essentially what it does is it subsidizes the cost of water for our customers.”

In 2023, when participants negotiated their own reimbursement rates, compensation for the top five applicants ranged from about $70,000 to $195,000 per project, according to the Colorado Water Conservation Board.

In response to participant feedback, officials this year switched to a fixed-rate structure based on a market analysis by the federal and state governments.

Corn harvest was underway on this farm between Montrose and Delta in September 2019. Photo/Allen Best

Colorado participants will receive $509 per acre-foot of saved water, the highest compensation rate of the four Upper Basin states. New Mexico producers will receive $300, while those in Utah and Wyoming will receive $506 and $492, respectively. Reimbursement rates will vary for other projects, like leaving water storage in reservoirs, or municipal and industrial water savings.

“I’m not complaining about it,” Vlaming said. “But when I say $509 per acre-foot to guys, they’re like, ‘Where do I sign?’ Some of these guys are going to get paid quite well.”

For water users, negotiating their own rates was one of several problems with last year’s program, alongside a short application period and unclear communication about how to apply and how water savings were calculated.

The application process was much more streamlined this year because officials learned from the process in 2023, said Cullom, the Upper Colorado River Commission executive director.

“The process — which included pre-application interviews and discussions between the applicant and the states and the consultants — helped strengthen all the applications,” he said. “I think we improved the process. That’s some feedback we’ve heard.”

[…]

This story was published by Fresh Water News, a service of Water Education Colorado.

Upper Colorado River Basin map via the Upper Colorado River Commission.

Auction of #ColoradoRiver water nets $4.7 million: Bidders paid an average of $74,600 per acre-foot — @AspenJournalism #SouthPlatteRiver #COriver #aridification

Auctioneer Scott Shuman, right, with Hall and Hall, helped sell 90 units of Colorado-Big Thompson Project water on Wednesday. Bidders had to be cleared to participate in the auction by the Northern Colorado Water Conservancy District, which manages and delivers the water to cities and farms on the Front Range. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM

Click the link to read the article on the Aspen Journalism website (Heather Sackett):

February 16, 2024

Longmont dairy farmer Jim Docheff has been in the dairy business for all of his 88 years, and his son Joe grows the corn and alfalfa for the dairy cows on the farm east of the city. On Wednesday, Docheff acquired six units of Colorado River water to use on his family farm by outbidding other would-be buyers in a water auction.

“I came with the idea of buying up to 10 units, but I only got so many dollars to spend,” Docheff said.

Colorado-Big Thompson Project map. Courtesy of Northern Water.

Docheff was one of 42 registered bidders who gathered at Barn A of the Boulder County Fairgrounds for a chance to buy some of the 90 units for sale of Colorado-Big Thompson Project water. The transmountain diversion project, built by the U.S. Bureau of Reclamation in the 1940s, takes water from the headwaters of the Colorado River in Grand County and transports it via a system of tunnels, pipes and canals to farms and cities in northeastern Colorado.

The first bid for one unit of C-BT water hit a high mark of $72,000, but prices soon stabilized at around $46,000 per unit. After a bidder won the round, they said how many units they wanted to buy, with some people scooping up two, five or 10 units. A buyer’s premium of 10% was added to the high bid to get the total purchase price, which averaged $52,488 per unit.

After all 90 units had a high bid, auctioneer Scott Shuman with auction company Hall and Hall offered the crowd a last chance to outbid their neighbors and reopen bidding on any of the units, or to buy the entire 90 shares.

“If you didn’t get as much water as you thought you would, here’s your opportunity to add something to it,” he said. “I do not want to say ‘sold’ and then have anybody meet me in the parking lot saying ‘I really wanted to get a couple of those units; I would have given you more for it.’”

But no bidders raised their hands.

“All right, happy Valentine’s Day, ladies and gentlemen, we sold all the water units,” Shuman told the crowd. “Give yourselves a hand, give the Yoakum family a hand.”

When all was said and done, the auction netted a total sale price of about $4.7 million for about 63 acre-feet of water. The seller was longtime Longmont farmer Carol Oswald Yoakum.

Credit: Laurine Lassalle/Aspen Journalism

C-BT water regulated

It’s common for shares of C-BT water to change hands, but a large-scale sale by auction like the one held on Wednesday is rare. The last one was in 2019.

But not just anyone can own C-BT water. It is highly regulated and there are rules about its use. To participate in the auction, would-be buyers had to meet criteria set by the Northern Colorado Water Conservancy District, which manages and delivers the water to users. Northern does not allow more than three acre-feet of C-BT water per irrigated acre, and it’s best if a bidder is an existing water user like an irrigator or municipality within Northern’s delivery area who already has water from a different source since C-BT water is only meant to be used as a supplemental supply. And out-of-state investors looking to speculate get turned down immediately.

First water through the Adams Tunnel. Photo credit Northern Water.

“If they don’t have a farm, if they don’t have a beneficial need for the water, then there’s a very high probability that (Northern) would not approve a contract for them,” said Sherri Rasmussen, contracts manager with Northern Water. “I’ve had calls from New York people wanting to buy C-BT and my first question is: What do you want C-BT for? And they’re like, ‘Well, for investment, what do you think?’ And it’s like no, you don’t qualify.”

The C-BT project provides supplemental water to farms and cities along the northern Front Range and eastward along the South Platte River. Northern delivers this water to 33 municipalities and 120 ditch, reservoir and irrigation companies, according to its website. The project diverts about 200,000 acre-feet a year from the Colorado River basin.

Each year in April, Northern Water’s board determines the amount of water that users will get for each unit depending on whether it’s a drought year and how much water is available. The board most commonly settles on 7/10 of an acre-foot. That means Wednesday’s buyers paid an average of $74,600 per acre foot to own the water in perpetuity. That’s up from an average of $36,300 per acre-foot buyers were paying for C-BT water in 2015, according to WestWater Research, a water market research firm.

According to Adam Jokerst, a regional director with WestWater, C-BT unit prices are simply a function of supply and demand.

“Population growth largely drives water prices on the Front Range and in areas with the fastest population growth in the northern Front Range, that’s where we see the highest water prices,” he said.

But not all the buyers Wednesday were cities looking to transfer water from agriculture to support their continued growth. According to Shuman, of the 15 buyers, six were farmers; four were dairies; two were developers; two were municipalities and one was a farm foundation.

According to Jeff Stahla, public information officer for Northern Water, dairy farming in the district has been growing in recent years.

“That’s one of the takeaways from today: A lot of this water is staying in agriculture,” he said.

Another water auction is set to take place on Feb. 28 in Ault, east of Fort Collins. The Carlson Family Trust will sell 96 units of C-BT water and 154 acres of land.

This story ran in the Feb. 18 edition of The Aspen Times, the Vail DailySummit DailySkyHi News.

Ute Water kicks in $2 million for Shoshone water rights purchase — The #GrandJunction Daily Sentinel #ColoradoRiver #COriver #aridfication

Shoshone Hydroelectric Plant back in the days before I-70 via Aspen Journalism

Click the link to read the article on The Grand Junction Daily Sentinel website (Dennis Webb). Here’s an excerpt:

February 16, 2024

A regional effort to purchase major Colorado River water rights in Glenwood Canyon gained major Western Slope support this week when the Ute Water Conservancy District pitched in $2 million toward the cause. The Mesa County entity’s board unanimously approved the contribution on Wednesday. An effort being led by the Colorado River District is seeking to buy water rights associated with the Shoshone hydroelectric power plant in Glenwood Canyon from Xcel Energy for $98.5 million, plus $500,000 to cover Xcel’s transaction costs. The rights include a right to flows of 1,250 cubic feet per second that dates back to 1902, along with a second, 158-cfs right that was appropriated in 1929…

The purchase is intended to ensure the flows continue even if the plant ever closes, through reaching an agreement with the state and pursuing a water court decree that would change the rights so they are not just for hydropower production but are instream flow rights would also ensure the flows continue.

The river district has committed $20 million itself for the purchase, and the Colorado Water Conservation Board recently supported pitching in $20 million in state funds, contingent on approval by the state legislature. The river district also has said it hopes to secure $49 million in federal funding and $10 million from West Slope governments and water entities.

2024 #COleg: Colorado lawmakers gear up to create new protections for unshielded wetlands and streams — Fresh Water News

Blanca Wetlands, Colorado BLM-managed ACEC Blanca Wetlands is a network of lakes, ponds, marshes and wet meadows designated for its recreation and wetland values. The BLM Colorado and its partners have made strides in preserving, restoring and managing the area to provide rich and diverse habitats for wildlife and the public. To visit or get more information, see: http://www.blm.gov/co/st/en/fo/slvfo/blanca_wetlands.html. By Bureau of Land Management – Blanca Wetlands Area of Critical Environmental Concern, Colorado, Public Domain, https://commons.wikimedia.org/w/index.php?curid=42089248

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

February 14, 2024

What’s the best way to protect hundreds of acres of wetlands and streams in Colorado, in the absence of federal rules that once did that work? It’s one of the biggest water issues facing state lawmakers this year.

But as the legislative session kicks into high gear, there is no consensus yet on how to proceed.

Last week, Republican Sen. Barbara Kirkmeyer, introduced Senate Bill 24-127 as a first stab at figuring it out. 

At issue is how the U.S. Environmental Protection Agency now defines so-called Waters of the United States, or WOTUS, which determines which waterways and wetlands are protected under the federal Clean Water Act. The definition has been heavily litigated in the nation’s lower courts since the 1980s and has changed dramatically under different presidential administrations.

In May, in Sackett v. EPA the U.S. Supreme Court decided, among other things, that the WOTUS definition that included wetlands adjacent to streams, was too broad.

In its ruling, the court said only those wetlands with a direct surface connection to a stream or permanent body of water, for instance, should be protected.

The court’s decision in the WOTUS case means it will now be up to the state to handle that regulation — including permitting — and enforcement.

Last year limited temporary emergency protections were put in place to give the state time to create a new program.

Water experts said the Sackett decision and the new Colorado permitting program will have far-ranging implications for the environment, as well as agriculture, construction and mining, all major parts of Colorado’s economy.

The Sackett decision may have more impact in semi-arid Western states, where streams don’t run year-round and wetlands often don’t have a direct surface connection to a stream.

The U.S. Geological Survey, for instance, estimates 44% of Colorado’s streams are intermittent, meaning they are sometimes dry, and 24% are ephemeral, meaning they can be dry for months or years and appear only after extraordinary rain or snow. Just 32% of Colorado streams are classified as being perennial, meaning they flow year-round.

Kirkmeyer’s bill would create a new, nine-member commission appointed by the governor that would be housed in the Colorado Department of Natural Resources. The commission would oversee a staff responsible for issuing permits regulating how any activity impacting nearby streams and wetlands, such as road building, home construction and mining, would be conducted to minimize and repair any disturbances the activity caused. It would also sharply limit the kinds of streams and wetlands that could be protected, in keeping with the narrow scope enshrined in law by the U.S. Supreme Court in its Sackett v. EPA decision, Kirkmeyer said.

“These waters are important to all of us,” the Brighton lawmaker said. 

Wetlands, which are havens of biodiversity, offer priceless ecological benefits. As wetlands are lost to development nationwide, critics of the dam project worry about its local impact. (Photo Credit: John Fielder via Writers on the Range)

The bill is supported by the Colorado Livestock Association, Weld County and the mining giant Freeport-McMoRan. Conservation Colorado and the Sierra Club, and liberal environmental nonprofits, oppose the measure.

Kirkmeyer  said she proposed placing the program in the Department of Natural Resources, in part, because the Colorado Department of Public Health Environment’s Water Quality Control Division has been plagued with huge backlogs in processing permits in other programs it oversees.

Her proposal, however, may face an uphill battle in the Democratically controlled legislature. There are also questions about what the state’s new regulatory burden will mean in terms of cost.

A broad-based working group convened last year by the Colorado Department of Public Health and Environment is still analyzing options on how best to address the regulatory gap, and has been briefing lawmakers on possible options. Those options, however, would likely give the regulating job to the Colorado Department of Public Health and Environment and would likely seek to cover a broader class of streams and wetlands than Senate Bill 127 envisions, according to Alex Funk, a member of the working group who is also director of water resources and senior counsel at the Teddy Roosevelt Conservation Partnership.

Iron Fen. Photo credit from report “A Preliminary Evaluation of Seasonal Water Levels Necessary to Sustain Mount Emmons Fen: Grand Mesa, Uncompahgre and Gunnison National Forests,” David J. Cooper, Ph.D, December 2003.

Funk said he wants to see a bill that is housed within the health department and which offers broader protection for uniquely Colorado waters, such as fens, a kind of high-altitude bog, as well as playa lakes, small shallow pools found on the high plains.

“There is a real opportunity (this session) for Colorado to provide some clarity once and for all with a program that is inclusive of all stakeholders,” Funk said.

“The federal program has been a tennis ball,” he said, referring to the program’s long history of lawsuits over shifting definitions of what constitutes protected wetlands and streams.

 “Everyone has agreed that hasn’t worked well. But I think Colorado can get this right.”

Confronting the #Wildfire Crisis — USFS

Click the link to read the release on the USFS website:

In January 2022, the Forest Service launched a robust, 10-year strategy to address the wildfire crisis in the places where it poses the most immediate threats to communities. The strategy, called “Confronting the Wildfire Crisis: A Strategy for Protecting Communities and Improving Resilience in America’s Forests,” (leer en español) combines a historic investment of congressional funding with years of scientific research and planning into a national effort that will dramatically increase the scale and pace of forest health treatments over the next decade. Through the strategy, the agency will work with states, Tribes and other partners to addresses wildfire risks to critical infrastructure, protect communities, and make forests more resilient.

In early 2023, the USDA Forest Service added 11 additional landscapes. This announcement followed a year of progress in collaborating with partners across 10 initial landscapes to address wildfire risk to infrastructure and communities.

Year 3 – 2024 – nearly $500 million investment expands critical work to reduce wildfire risk.

Agriculture Secretary Tom Vilsack announced on February 20, 2024 that the United States Department of Agriculture is investing nearly $500 million to expand work on the USDA Forest Service’s Wildfire Crisis Strategy to reduce wildfire risk to communities, critical infrastructure and natural resources from the nation’s wildfire crisis.

Approximately $400 million of the Inflation Reduction Act and Bipartisan Infrastructure Law funds will be allocated to ongoing efforts on the 21 priority landscapes across the West. This work is beginning to reduce wildfire risk for some 550 communities, 2,500 miles of power lines and 1,800 watersheds.

An additional $100 million will be allocated through a collaborative process with tribes, communities, and partners as part of new agency-established program – the Collaborative Wildfire Risk Reduction Program. Inspired by past examples and the success of programs such as the Collaborative Forest Landscape Restoration Program, the new Collaborative Wildfire Risk Reduction Program expands work in high-risk wildfire areas outside the 21 priority landscapes.

These landscapes and efforts to expand the work under the Wildfire Crisis Strategy are determined using scientific research and analysis that considers the likelihood that an ignition could expose homes, communities, infrastructure, and natural resources to wildfire.

In 2023, the Forest Service and a wide-range of partners, communities, and tribes treated more than 4.3 million acres of hazardous fuels, including nearly two million acres of prescribed burning, on National Forest System lands across the nation – both are record highs in the agency’s 119-year history and over a million acres more accomplished than the previous year.

Credit: USFS

The #BlueRiver Integrated Water Management Plan is live — Blue River Watershed Group #ColoradoRiver #COriver #aridification

Map of the Blue River drainage basin in Colorado, USA. Made using USGS data. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69327693

Click the link to go to the Blue River Watershed Group website to access the plan:

BRWG has partnered with Trout Unlimited to create an Integrated Water Management Plan (IWMP) for the Blue River Watershed, that will provide a comprehensive roadmap for future water use, restoration projects, and other solutions to the issues that currently threaten the health of the watershed. The IWMP will guide the strategic direction of BRWG for the next several years through ongoing scientific research and resource evaluation, planning of restoration projects and acquiring funds to sustain those projects, implementation of projects that have secured funding as well as evaluating and maintaining completed projects.

‘A finite supply’: Ex-landowner sells 90 shares of Colorado-Big Thompson water at auction — The #FortCollins Coloradoan #ColoradoRiver #SouthPlatteRiver #COriver #aridification

Colorado-Big Thompson Project map. Courtesy of Northern Water.

Click the link to read the article on the Fort Collins Coloradoan website (Pat Ferrier). Here’s an excerpt:

February 14, 2024

Through the years, [Carol Oswald] Yoakum acquired 900 acres of farmland north of Longmont…A couple hundred acres went for a 20-home subdivision, 575 acres were put into a conservation easement with Boulder County so the views [of Long’s Peak] she lived with for 57 years would always be protected. She retained 175 acres…Now 91, Yoakum sold Meadow Green Farm in March 2023. On Wednesday, the last links to the property — 90 shares of Colorado-Big Thompson water — were auctioned at Boulder County Fairgrounds in Longmont. Fifteen buyers paid an average of $52,481 per share, or $4.72 million, making the water that once nourished the farm as valuable as the land itself.

The relatively rare water auction within Northern Water boundaries was the first of two this month that will ultimately see 186 shares of Colorado-Big Thompson water transition to new hands and new uses. On Wednesday, Yoakum’s 90 shares went to ditch companies, developers, farmers, ranchers and one municipality that will use it to add to their water holdings, supply water to new subdivisions and irrigate some farmland…Michael Markel of Markel Homes bought five shares at $49,500 each (including a 10% seller’s fee that goes to the auction house) to help provide water to homes in a 420-unit subdivision in Lafayette. “This will just cover a fraction” of the project, Markel said. Although the price per share opened at a high of $72,000, most shares sold for $46,000, plus seller’s fee. Water was sold in one to five units but could be combined for more shares. The largest share of water, 12 units, sold for $46,000 per share plus fees…Sterling Zehnder, who farms about 110 acres near Kersey, bought four shares at $53,000 each for irrigation.

On Feb. 28, the Carlson Family Trust will auction its 154-acre family farm in Eaton and 96 shares of Colorado-Big Thompson water. Markel said he may be among the bidders at that sale, too.

To buy Colorado-Big Thompson water, which is owned by the U.S. Bureau of Reclamation and jointly operated and managed by Northern Water, a buyer has to represent a municipality or already own some shares; the water has to be used within district boundaries; and it can’t be the sole source of water. “C-BT is intended to supplement” an existing water supply, said Jeff Stahla, spokesperson for Northern Water.

The Federal Regulatory Commission Deny Permits for Pumped Storage Hydroelectric Projects on Navajo Land, Citing Lack of Consultation With Tribes — Inside Climate News

The Colorado River from Navajo Bridge below Lee’s Ferry and Glen Canyon Dam. Jonathan P. Thompson photo.

Click the link to read the article on the Inside Climate News website (Noel Lyn SmithWyatt Myskow):

February 17, 2024

The Federal Energy Regulatory Commission announced a new policy requiring that any energy project seeking to build on tribal land must get the tribe’s approval before it will permit the project.

Federal officials Thursday denied preliminary permits for multiple pumped storage hydroelectric projects proposed on the Navajo Nation that would have required vast sums of water from limited groundwater aquifers and the declining Colorado River, citing a lack of support from tribal communities. 

In the order, the Federal Energy Regulatory Commission announced it was implementing a new policy requiring that any project proposed on all tribal land must gain the respective tribe’s consent to be approved, a move that local tribes, opposed to the proposed hydroelectric projects, had been calling for. The decisions pave the way for increased tribal sovereignty in energy-related projects seeking federal approval across the country.

“This is a federal commission acknowledging tribal sovereignty,” George Hardeen, a spokesman for the Navajo Nation president’s office, said. “If a company wants to do business on the Navajo Nation, it, of course, needs to talk to and get the approval of the Navajo Nation. And in the eyes of FERC, that has not yet happened.”

The Navajo Nation opposed the preliminary permits for the projects through motions to intervene that were submitted by its Department of Justice in 2022 and 2023.

Future projects “should work closely with Tribal stakeholders prior to filing,” to FERC, agency officials wrote in their decision. Before this new policy, the agency had “applied the general policy of granting permits even where issues were raised about potential project impacts without a distinction for projects on Tribal lands opposed by Tribes.” 

The decision is the latest setback for the development of hydropower in the U.S. While many see electricity generated by turbines in dams as a key source of renewable energy, a growing body of scientific evidence has found that the reservoirs behind dams are a significant source of carbon emissions—particularly methane, a potent greenhouse gas that’s roughly 80 times more effective at warming the atmosphere than carbon dioxide over 20 years. Hydroelectric dams also block fish from traveling upstream to their spawning grounds, which studies have long shown interfere with their ability to reproduce. 

Hydropower dams have had major effects on rivers across the country, including the Colorado River and its tributaries, where four native fish species are now endangered. Such issues have led to the removal of dams along some other river systems.

Pumped hydroelectric generation illustrated. Graphic via The Mountain Town News

Pumped storage has been seen by some in the industry as a way to keep hydropower a relevant part of the renewable energy transition, as they don’t always require a river or dam to function. However, environmental problems, and opposition, remain. The projects FERC denied had garnered widespread opposition from the Navajo Nation and Indigenous and environmental groups over the lack of consultation developers offered and the impacts they would have on cultural sites, endangered species and water resources in the area.

In its motion to FERC for a project on the western part of the Navajo Nation near Page, Arizona, the tribe’s Department of Justice wrote that “meaningful consultation” between the company and the tribal government, including chapter administrations and local communities, was “unclear.”

The department also stated that the project might impact the tribe’s water rights or its use of water from the Colorado River system.

“The Navajo Nation’s interests would be directly affected by the outcome of this proceeding,” the department wrote.

Graphic credit: Jonathan P. Thompson/The Land Desk

Daryn Melvin, a Hopi Tribal member who works as the Grand Canyon manager with the Grand Canyon Trust, which opposed the projects, said the hydro projects are “just the latest in a number of developments that were threatening the area in places that are of particular importance to Native communities.” The impacts of coal and uranium mining persist to this day, he said, and local tribes and environmental groups pushed to find new ways to protect the area, including reform in the FERC permitting process.

In particular, a proposal from Nature and People First to build three pumped storage hydropower projects across 40 linear miles on Black Mesa drew intense scrutiny. Project opponents say the developer never reached out to locals about the project and attempted to pit communities in the area against one another. Representatives of Nature and People First did not respond to a request for comment in time for publication.

Black Mesa, west of Chilchinbito, Arizona. By Doc Searls from Santa Barbara, USA – 2008_08_19_bos-lax_078Uploaded by Babbage, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=10393831

Nature and People First states on its website that Chilchinbeto Chapter, where one of the projects on Black Mesa would be located, supported the proposal because it would create jobs and economic opportunities. The company filed resolutions to FERC from the Western Navajo Agency Council and the chapters of Ts’ah Bii Kin and Oljato that supported the project.

How Pumped Storage Hydropower Works

Over a dozen hydro projects have been proposed in recent years on or near the Navajo Nation for pumped storage—a nearly century-old technology experiencing a surge of interest as the U.S. looks for ways to store energy from renewable sources as it pivots away from fossil fuel-generated electricity. 

Pumped storage can help store electricity from wind and solar energy projects for when it is needed and serves as an alternative to utility-scale lithium-ion batteries to bank renewable energy. 

Graphic credit: Inside Climate News

The projects use two water reservoirs, one above the other. Water is pumped uphill to the higher reservoir at night when energy costs are low, then sent back down through electricity-generating turbines when energy demand peaks or renewable resources can’t generate electricity, helping to ensure grid stability during system-stressing events like record-hot summers. 

But to work, they need certain geographic characteristics, namely a rapid change in elevation over a short distance, leading many of the projects to be proposed in the Mountain West. But they also need water, and a lot of it, which is something lacking in many arid Western communities. 

That’s led to pushback across the region as rural residentslook to protect their limited ground- and surface water supplies from diversion to pumped storage projects and, potentially, further depletion.

Impacts to Local Water Supplies

If all of the proposed pumped storage projects near the Navajo Nation were built, it would require over 2 million acre feet of water. That’s enough water for over 5 million homes in Arizona and about the same amount of water that federal officials are currently allowing the state to take from the Colorado River in recent drought conditions. 

If developed, the projects would further impact flows on the Colorado River and its tributaries, as well as the levels of local aquifers that serve tribal communities. The Hopi Tribe, for example, is completely reliant on the same groundwater sources some of these hydro projects would likely pull from. 

“Water scarcity is a simple fact of our region,” said Taylor McKinnon, the Southwest director for the Center for Biological Diversity, which opposed the projects. “Their failure to see that caused them to run headlong into the problem of aridity.”


The Coconino Aquifer. The fundamental law of the Navajo (Dine) people believes water to be one of the four sacred elements that was put forth by Diyin dine’e’ (Deities) as a source of life. Water is part of prayer in the Hozho ceremonies for healing. All human and all life on Nahasdzaan (Mother Earth) have a degree of water in their system. Water is precious to native people – it is life. Credit: Dine’e’ C.A.R.E.

The Black Mesa projects proposed pulling groundwater from the Coconino aquifer—colloquially known as the C aquifer—which provides the base flows for the Little Colorado River, McKinnon said. “That water comes out of the earth in Blue Springs, and it creates a river,” he said, noting that the flow was critical to an endangered fish. “That river is where the last source population of humpback chub in the world live.”

Thursday’s ruling, for now, puts an end to seven of the proposed projects in the region that would have collectively required around 1.6 million acre feet of water. “This is an agency actually stepping forward and saying, ‘we have the authority to do the right thing and we’re going to do the right thing,’” McKinnon said. “We applaud that.”

The projects have also received pushback from the Hopi Tribe, whose land is adjacent to the Navajo Nation. The projects on Black Mesa not only threatened water sources for the Hopi, but also endangered species and cultural resources, like ancestral trails and shrines, said Stewart B. Koyiyumptewa, tribal historic preservation officer for the tribe.

“We still have a vested interest in our cultural resources left by our ancestors throughout the landscape,” Koyiyumptewa said.

FERC has a policy statement for consulting with federally recognized tribes that preexisted Thursday’s order. While the commission recognizes the government-to-government relationships the U.S. holds with sovereign tribes, how it notifies tribes about proposed projects is dependent on laws, like the National Historic Preservation Act.

For Koyiyumptewa, this leaves tribes cut off from key information about proposals—especially when projects are not on the tribe’s land, but could impact it.

“We weren’t given the opportunity to provide opposition,” he said of the early process for the Black Mesa projects.

2024 Ogallala Aquifer Summit March 18-19, 2024: #Building Trust, Mobilizing Collaboration” — Irrigation Innovation Consortium

Click the link to go to the Irrigation Innovation Consortium website for all the inside skinny and register.

Ogallala Aquifer. Credit: Big Pivots

A Price for the Priceless: How do we value #Colorado’s water? — Fresh Water News

A headgate on an irrigation ditch on Maroon Creek, a tributary of the Roaring Fork River. Photo credit: Aspen Journalism/Brent Gardner-Smith

Click the link to read the article on the Water Education Colorado website (Nelson Harvey):

You might call it the great economic riddle of our time: It sustains human life, lubricates the entire economy and has no known substitute, yet a month’s supply can be delivered to your home for less than the cost of cable TV or cell phone service. It belongs to the public but the right to use it is bought and sold, and changing that use requires a pricey court approval process. It supports kayakers and anglers, trout and sparrows, and all the ecosystems in between, yet those benefits are rarely reflected in its cost. It is cheap, and yet it is priceless. What is it?

If you’re reading [Headwaters] magazine, you already know that the answer is water, and you already know that water is invaluable. What you may not know is that water’s price, according to many economists, comes nowhere near to reflecting its true value, and that blunt economic fact has consequences for the long-term sustainability of both our water resources and our water systems.

Aligning water’s price with its value is much harder than it seems. That’s because water is traded and regulated in ways that reflect its unique and irreplaceable role in our economy. Depending on who you ask, water is a private commodity or a public good, an economic input or a human right.

These varying roles affect the accuracy of water prices, and the freedom—or lack thereof—of water markets. Some examples: In Colorado, many water utilities are prevented by their charters from charging more than they need to cover their costs. This keeps water rates affordable but also prevents providers from charging customers for the current market value of their water, also called the “scarcity value,” to encourage conservation. Legal restrictions on water transfers—in place to protect other water users—make those transfers complicated and expensive, slowing the flow of water from farms to cities and helping to preserve the gap between agricultural and municipal water prices. At the same time, many non-market costs of water transfers or appropriations—“externalities” like the open space, wildlife habitat and fishing grounds lost when farmers sell their water rights to a city or a new water right is appropriated, further depleting a stream—are not typically paid for by the buyer or the seller.

Ignoring the full cost of water—and the non-market values that water provides—saves money in the short term by keeping water rates low. In the long run, however, it could prove both financially and culturally expensive. Over time, wasteful use may hasten the need for costly new water projects, and public benefits like wildlife habitat and open space are less likely to be preserved if they aren’t factored into the price of water transfers. Given the stakes, how can we value water more accurately, while preserving the legal framework that protects water users and the environment?

Supply and demand, within limits

When utilities, ditch companies and irrigation districts buy water rights to serve their populations, the price of those rights is determined in part by the basic interplay of supply—what the water costs to deliver—and demand—what it’s worth to buyers. Brett Bovee, intermountain regional director for the consulting firm WestWater Research of Fort Collins, helps clients value water rights for purchase or sale. He considers factors like a water right’s source, location, current use, historical buyers and sellers, ease of storage, and seniority, since older rights are more dependably fulfilled than those appropriated more recently.

Bovee might compare a water right to a handful of others with similar characteristics to arrive at a reasonable price, or, if the water is agricultural, he might use a technique called the income approach, calculating the yields that a farmer could get irrigating with the water compared to dryland farming yields. (A slight variation is comparing the sale price of dry farm ground to that of irrigated land nearby, then using the difference to infer a water right’s value). A final technique, the replacement cost approach, involves calculating the cost of the next-most expensive water supply option and then advising clients to pay just less than that.

“Usually the replacement cost sets the ceiling, the income approach sets the floor, and the market price is somewhere between those two,” Bovee says. “The willing seller must make more off a water transaction than he would in farming, and the willing buyer is only going to buy water if it is cheaper than alternative sources.”

Brett Bovee. Photo credit: Westwater Research

Yet the economic playing field is not completely level where water is concerned, as evidenced by the vast and enduring price differences between agricultural and municipal water. As University of Arizona law professor Robert Glennon and his co-authors point out in the 2014 paper “Shopping for Water: How the Market Can Mitigate Water Shortages in the American West,” agricultural users in many parts of the West may pay just a few cents for a thousand gallons of water, while urban users pay $1 to $3 for the same amount. That’s partly because, in a strictly financial sense, urban users can earn more money with the water they consume: If you ignore the vital non-market values of agriculture like open space, wildlife habitat and food security, urban activities like manufacturing frequently generate more money per acre-foot of water than farming does. Used to grow lettuce in Yuma, Arizona, Glennon writes, an acre-foot of water might generate $6,000. Used to make microchips in California’s Silicon Valley, it would generate $13 million.

The price disparity between agricultural and municipal water is further explained by higher treatment and conveyance costs for urban water, from the chemicals that disinfect drinking water to the pumps that keep it pressurized and ready to flow from the tap. “If farmers needed really clean, pressurized water at their farm headgate on demand, the price between agricultural and municipal water may not be all that different,” Bovee says.

Grand River Ditch July 2016. Photo credit Greg Hobbs.

Agricultural water users who inherit their land also benefit from the investments their ancestors made in ditch and reservoir systems originally constructed to put the water to beneficial use. Today, they pay only the water assessments necessary to maintain or improve these systems or to make the occasional legal filings. When they sell their shares in their infrastructure or water rights, they earn the appreciated value of both, which can be substantial in areas like Colorado’s Front Range where a booming residential real estate market has kept water demand high.

First water through the Adams Tunnel. Photo credit Northern Water.

Finally, federally funded irrigation projects provided a subsidy to early agricultural water users: Many of the West’s large water diversions were paid for with federal dollars between the 1930s and the 1970s. Although those federal outlays were partly recouped through a combination of cost sharing from local governments and revenues from projects’ hydroelectric features, the federal government never required full reimbursement from water users. Examples include the Colorado-Big Thompson Project, authorized by Congress during the Great Depression to provide a supplementary source of water to farmers and cities in northern Colorado, as well as earlier Western Slope projects like the Uncompahgre Project and the Grand Valley Project. “Recipients of irrigation water from federal projects will have repaid, on average, about U.S. $0.10 on each dollar of construction cost,” writes University of California, Berkeley economist W.M. Hanemann In his 2005 paper “The Economic Conception of Water.” Today, federal funds are largely unavailable to help finance water supply infrastructure.

Although they remain much higher than agricultural water prices, municipal water rates are hardly exempt from market manipulation, and for good reasons. Because water is widely considered a basic necessity for human life and economic activity, many Colorado utilities are public entities whose rates are regulated by local governments or appointed boards, and even the rates of private, investor-owned utilities are limited by the Colorado Public Utility Commission.  Many municipal utilities set their rates through “cost-of-service” pricing, which doesn’t account for the value of water itself but factors in only what it costs to run the utility—energy, water treatment chemicals, office staff—plus maintain financial reserves, make debt service payments, and repair aging pipes, tanks, reservoirs and other infrastructure. A growing number of utilities also employ “increasing block rate” pricing to keep everyday water use affordable while penalizing higher water users to encourage conservation. Yet their rates include little or no charge for water’s replacement cost or “scarcity value:” what it would cost to obtain their water on the open market today, or what they could earn by selling their water and using the proceeds to pay off debt or meet other obligations.

“For a farmer to keep a tractor, they have to be earning more by keeping it than they could make by selling it,” says Chris Goemans, an associate professor of economics at Colorado State University (CSU) who specializes in water issues. “For water rights portfolios, there is no charge to households to reflect the fact that the water could go somewhere else and earn more money for the utility.”

Failing to account for this opportunity cost encourages customers to use their water for purposes worth less to them than the cost of bringing that water to the tap, whether that’s watering the lawn or filling the swimming pool. That’s highly inefficient from an economist’s point of view. “You don’t want people using water that costs $10 per gallon to produce on applications for which they place a value of a dollar or two,” says Chuck Howe, a professor emeritus of economics at the University of Colorado, Boulder. “If the price to the consumer doesn’t cover all the costs of production, then individual customers will apply water to uses that are, at the margin, worth less than the costs imposed on society.”

Boulder’s Avery Brewing Company is one among 230-plus Colorado craft and micro breweries that have combined water with barley, hops and other specialty ingredients to establish a nationally recognized market for beer enthusiasts. Photo courtesy of Avery Brewing Company

Artificially cheap water saves customers money today, but in the long run will prove expensive as utilities are forced to meet growing demands by acquiring expensive new water rights or building new infrastructure. In a 2013 analysis, city staff in Westminster, Colorado, calculated that water rates would be 135 percent higher and water tap fees 99 percent higher if per-capita water demand in the city had not fallen by 21 percent since 1980. That declining consumption—driven by a combination of utility-sponsored conservation programs, conservation-oriented increasing block rate water pricing and stricter national plumbing codes—saved the city over $5.9 million on water and wastewater treatment, new water rights, and loan interest payments, which would have been passed along to residents in the form of higher rates and tap fees. Even though water rates have risen in Westminster since 1980, in part to compensate for declines in per-capita consumption, they have risen much less than they would have if per-capita consumption had stayed flat as the population grew.

Howe believes that charging customers for the scarcity value of their water could have a similarly virtuous effect on consumption—and thus on water rates—over the long haul. In an unpublished paper co-written with water attorney Peter Nichols of the Boulder firm Berg Hill Greenleaf Ruscitti LLP, Howe argues that utilities could encourage conservation by charging customers more for each 1,000 gallons of water they use, then refunding any resulting profits by reducing the fixed monthly service charges that appear on monthly water bills. By increasing the price of each 1,000 gallons of water by just $1.50, Howe and Nichols surmise, the City of Boulder could earn $20 million per year, a sum equivalent to 5 percent of its $400 million water rights portfolio. This would encourage conservation without harming ratepayers’ overall bottom lines, since higher volumetric usage fees would be offset by reductions in fixed service charges.

Love thy neighbor: Legal restrictions on water transfers

Despite the limits on what municipal utilities can charge, the gap between urban and agricultural water prices persists. That’s partly because significant legal barriers discourage those who get their water cheaply—farmers—from selling it to the cities who will pay dearly for it. Those barriers serve noble goals: Because water, unlike other commodities like land or electricity, is often used several times in succession within the same river basin, many users depend on the reliable timing and amount of return flows from their neighbors upstream. To protect those flows, legal restrictions, such as the “no harm to juniors” rule, prevent anyone who moves their water or changes its use from impacting other water users. Colorado water courts employ several other principles in regulating water trades: The beneficial use requirement is intended to discourage waste and requires water to be put to beneficial uses approved by the legislature or the courts or else abandoned, and the anti-speculation doctrine mandates that anyone changing their water use show precisely its new use, location and amount, to prevent speculators from buying water and simply holding it, unused, until prices rise.

Water courts also limit the salable portion of a water right to its “historical consumptive use,” the average amount actually absorbed by crops, retained by people and lawns, or used up by industrial processes over the water right’s history. This prevents farmers from harming other water users by selling water they no longer have to divert as a result of improving their irrigation efficiency, provided they leave irrigated acreage and consumptive use unchanged. Before the efficiency improvements, the unused portion of the water diverted and applied had served other users in the form of return flows, so Colorado law protects those historical return flows for appropriation by other users after efficiency improvements are made.

On July 7, 2020, we closed our headgate that takes water from the Little Cimarron for irrigation. The water in the above photo will now bypass our headgate and return to the river. Photo via the Colorado Water Trust.

Taken together, these restrictions discourage water from simply flowing to the highest bidder. They make the process of transferring water rights time consuming and expensive, since detailed engineering studies and costly legal filings are necessary to prevent other water users from being injured without compensation. And yet, examples abound of Colorado water law flexing to accommodate changing state priorities. The nonprofit Colorado Water Trust and the Colorado Water Conservation Board (CWCB)—the only entity in the state that can hold an instream flow water right—are now seeking water court approval for the state’s first permanent “split-season” water right on the Little Cimarron River in Gunnison County. The right, acquired by the Colorado Water Trust, will permit the same water to be used for agricultural irrigation in the early summer and then for instream flows that benefit fish in the fall. Another example: Under a state law passed in 2013, farmers and municipal water providers can now enter into so-called “interruptible supply agreements” three out of every 10 years without the approval of a water court. In this arrangement, farmers fallow some of their land or reduce irrigation and then, with the blessing of the State Engineer, convey the freed-up water to cities in exchange for short-term lease payments. One such arrangement, the Arkansas Valley Super Ditch, is partway through a three-year pilot project that began in spring 2015 when irrigators on the Catlin Canal east of Pueblo leased 500 acre-feet of water to the cities of Fowler, Fountain and Security.

“It went so smoothly the first year that I don’t think we want to mess it up by changing anything,” says John Schweizer, president of the Lower Arkansas Valley Super Ditch Company and the Catlin Canal Company. Because agricultural commodity prices were low in 2015, Schweizer says, the farmers who participated earned at least twice as much fallowing land and leasing water as they would have growing corn, wheat or alfalfa on the same acreage. And they still kept at least 70 percent of their water rights in agricultural production, as required by law. Even though there are two years left in the pilot project, Schweizer says, “The City of Fountain is already talking about coming back and negotiating a longer term lease, which could mean bringing more farmers into the program.”

Ideally, these alternative transfer methods (ATMs) could give cities reliable sources of water in dry years without requiring the “buy and dry” of agricultural lands. Yet short-term leases are a relatively new concept, and because urban water providers must plan for a reliable, long-term supply they often prefer to purchase agricultural water outright. Some urban utilities then lease the water back to farmers until they need it, giving them flexibility in deciding when to begin the sometimes long and arduous process of filing for a change of use in water court.

“If you are a water [utility] manager, when you provide a water tap to a developer you are promising them water. Short-term leases are just not reliable enough right now to fulfill that promise,” says Goemans, at least not for a city’s entire water supply.

Still, reducing regulatory barriers to water leasing is likely to make it more common over time. In the South Platte River Basin, where the Colorado-Big Thompson (C-BT) Project diverts water from the upper Colorado River, owners of contracts for C-BT water are only required to obtain the blessing of the Northern Colorado Water Conservancy District board, rather than a water court, before selling or leasing their water interests, and a robust leasing market has materialized there.

According to a 2016 WestWater Research report, leases have accounted for about 80 percent of all water trades in the South Platte Basin in recent years, and most transactions have involved farmers leasing their water to cities. The value of this streamlined process is also reflected in the sale price of C-BT units—unlike a lease, a sale gives a buyer rights to the unit in perpetuity. In 2015, C-BT units changed hands 67 times and fetched an average sale price of $36,300 per acre-foot—by the second quarter of 2016 the price was above $40,000. Meanwhile area ditch shares, whose transfer requires water court approval, were traded just 23 times for an average price of $13,800 per acre-foot.

From “The Stages of Cannabis Growth“. Photo credit: Clean Leaf Air Filtration Systems
Pricing the priceless: The non-market value of water

The market for C-BT units is a compelling example of what freer water trading might look like, yet several factors make it unlikely that such a market could be replicated across Colorado. Under a 1938 contract between Northern Water and the U.S. Bureau of Reclamation, all contracts for C-BT water must be exercised within the boundaries of Northern Water’s service area. Units of C-BT water can only be used once before being allowed to flow down the lower South Platte River between Greeley and the Nebraska border, for the benefit of irrigators there. And yet, irrigators on the lower river have no legal right to claim injury if the lease or sale of C-BT units affects the return flows they rely on, since the prior appropriation doctrine—including the no-harm-to-juniors rule—applies only to native flows within a river basin, not to transbasin diversion water. This minimizes objections when C-BT units are leased or sold.

Colorado-Big Thompson Project Map via Northern Water

Leaving aside these complicated machinations, there is a simpler reason why most of Colorado’s water sales and leases are still regulated by water courts: Legal safeguards like the no-harm-to-juniors rule play an important role in limiting harm to third parties or the environment when water is moved. They also highlight water’s role as both a private good and a public resource with important environmental and cultural values.

Economists have devised a suite of techniques to translate those “non-market” values into financial terms so that they can be factored into cost-benefit analyses of water projects. Perhaps the most prominent technique is “contingent valuation,” where economists survey water users to gauge their financial willingness to pay for environmental benefits or willingness to accept environmental harms.

Big Wood Falls photo via American Whitewater (2011)

People value water’s role in the environment for a wide variety of reasons: “Use value” reflects the benefit of using a waterway for kayaking, rafting or swimming; “existence value” measures the well-being gained from simply knowing that a river exists; and “bequest value” shows the worth of knowing that an environmental good will be preserved and passed down to future generations. There is also “intrinsic value”—the notion that other water-dependent species should be allowed to exist regardless of their value to humans.

Because some of these values have an emotional component, it can be tough to give them the same weight as purely financial considerations, and many cost-benefit analyses reflect this problem. In 2011, for instance, the Colorado Department of Public Health and the Environment was considering additional limits on releases of phosphorous and nitrogen from wastewater treatment plants to comply with enforcement of the federal Clean Water Act by the Environmental Protection Agency. A state-commissioned study by the consulting firm CDM Smith weighed the costs of those new regulations—new equipment and more intensive wastewater treatment and monitoring—against benefits like reduced spending on drinking water treatment, better-tasting and better-looking drinking water, improved ecological function in rivers and streams, and increased recreation. The study found that the regulations would yield just $0.79 worth of benefits for every $1.00 spent to implement them. Yet it relied on rough estimates—derived from previous economic studies—of the financial value that people place on environmental benefits. And it did not weigh qualitative benefits like existence and bequest value, despite the fact that these values often account for half of people’s willingness to pay for environmental benefits, according to CSU environmental economics professor John Loomis.

Colorado transmountain diversions via the State Engineer’s office

Those same omissions have characterized, and potentially marred, other studies. A 2009 study by the Front Range Water Council, a group of Front Range water providers that has advocated for new transbasin diversions from Colorado’s Western Slope, found that the Front Range withdraws 19.4 percent of the state’s water but generates 80 to 86 percent of the state’s economic activity, while western Colorado withdraws 41 percent of the state’s water but comprises just 10 percent of the state’s economy. By that logic, the Front Range produces about $132,268 in economic output per acre-foot of water used, compared to just $7,200 per acre-foot on the Western Slope. Yet those figures fail to account for the economic costs that diverting water to the Front Range imposes on the Western Slope, along with the financial benefits of things like tourism and recreation, which rely on keeping western Colorado water in the stream. The Northwest Colorado Council of Governments (NWCCOG), a coalition of Western Slope municipal governments whose members generally oppose new transbasin diversions, attempted to address these omissions with its own 2012 study: Water and its Relationship to the Economies of the Headwaters Counties.

“We have struggled to convey how important having water in the river is to the economy in the headwaters region, especially in the summer,” says Torie Jarvis, co-director of the Water Quality and Quantity Committee at NWCCOG. “That study was meant to point out that there were values that studies like the Front Range Water Council’s were not accounting for.”

Fraser River at gage below Winter Park ski area. Photo credit: Colorado Water Trust

Some of these values, and the economic implications of protecting them, are relatively easy to quantify: The town of Winter Park, for instance, is forced to treat its wastewater to a higher standard because 65 percent of the Fraser River that once flowed through town is diverted to the Front Range, making wastewater more difficult to dilute. “We have seen an impact on the cost of wastewater treatment year-round due to the lack of dilution flows,” says Bruce Hutchins, manager of the Grand County Water and Sanitation District 1. Faced with ongoing transbasin diversions, Winter Park town leaders have also opted to curtail the town’s development to keep at least 10 cubic feet per second of water in the Fraser River at all times. That has clear economic consequences: At buildout, the town could accommodate about 9,300 single-family housing units if officials were willing to dry up the river to provide them with water. Instead, the town has capped the number of water taps it will dispense to allow for just 8,300 single-family units in order to maintain river flows.

Colorado fly fishing, whitewater and other water-related recreational pursuits contribute significantly to Colorado’s $34.5 billion recreational economy. Photo courtesy of the Winter Park Convention and Visitors Bureau

“It’s a bit backwards from the way that other communities have done it,” says Winter Park community development director James Shockey. “We’ve put the river first, and then looked at how much we can develop from there.”

Other values compromised by transbasin diversions, like the potential effect of changes in water use on tourism, require non-market valuation in order to be expressed financially. In a March 2003 study, CSU economists Adam Orens and Andrew Seidl surveyed winter tourists in the towns of Gunnison and Crested Butte to see how changes in the area’s open space ranch landscape would affect their decision to vacation there. More than half of those surveyed said they would reconsider vacationing in the area if just 25 percent of the existing ranchland were converted to second homes or other uses. If all of the ranchland were converted, the researchers concluded that tourism in the area could drop by as much as 40 percent.

Contingent valuation surveys have also shed light on the value of water left in rivers for recreation, wildlife habitat and scenic views, which sometimes exceeds the economic benefit of diverting that same water to farms or cities. In a 2008 study, CSU Economist John Loomis surveyed a random sampling of Fort Collins residents and found that they were willing to pay an average of $352 per year to keep peak spring and summer flows in the Cache La Poudre River rather than letting agricultural and municipal users deplete them. “It appears the value of these instream flows to Fort Collins residents is of the same magnitude as the market value of the water in alternative uses,” like irrigation and municipal use, Loomis concluded. In Colorado today, there are two legal  mechanisms that Fort Collins residents could use to keep that water in the stream, and both involve the prior appropriation system. In theory, they could convince local or state government to acquire a water right on the Poudre from a willing farmer or utility, then convert it to an instream flow right (held by the CWCB) or a recreational in-channel diversion right (held by a local government) to keep its recreational and wildlife benefits intact. Such benefits are protected in some states by the public trust doctrine, a legal concept which holds that certain resources should be held in trust by the government for public benefit. Yet that concept holds no legal sway in Colorado.

“We are not a public trust doctrine state,” says retired Colorado Supreme Court Justice Greg Hobbs. “We are a prior appropriation state with a market. The Constitution provides that the water is owned by the public and is dedicated to the use of the people of the state subject to appropriation. Therefore, the public values protected by the constitution consist of the beneficial uses made by water rights owners.”

The graphic shows the existing dam and water level and how high the new dam will rise above the current water level. Image credit: Denver Water.
Wading through no man’s land: Accounting for social costs

There are some good examples of water users paying for the public and private costs of their diversions. Under a 2012 pact called the Colorado River Cooperative Agreement between Denver Water and 17 Western Slope entities, the Front Range utility won support for its efforts to enlarge Gross Reservoir north of Boulder in exchange for helping to fund dozens of river improvements on the Western Slope. Among them: channel maintenance and habitat improvements on the Fraser River, a catchment basin that reduces sediment in the Fraser and cuts water treatment costs for Winter Park, and a whitewater park in the Colorado River at the mouth of Gore Canyon near Kremmling.

Yet some observers argue that there should be a more formalized way to charge for the public costs of diverting water. Aside from mitigation requirements imposed on water projects by state and federal environmental laws, the existing legal mechanisms for protecting public values—instream flow rights and recreational in-channel diversion (RICD) rights—were introduced into Colorado water law relatively recently. (The legislature authorized the first instream flows in 1973 and RICDs in 2001.) That means that many instream flow rights have junior priorities and cannot be exercised when more senior rights are diverting, which can render them ineffective during dry parts of the year. As an added way to safeguard water-related public goods, the CSU economist Chris Goemans floats the idea of a public fund—perhaps financed by a tax on the buy and dry of agricultural lands—dedicated to preserving water-related public goods like open space and wildlife habitat.

“There are social values of water use that are not factored into the transaction when a farmer sells their water to a city,” says Bovee. “A farmer cannot charge a developer twice as much simply because his water is irrigating nice open land that will dry up once the water is gone. The developer will not pay extra to compensate for the loss of that public good.”

In extreme cases, in the absence of state intervention, the social costs of water diversions can undercut the economy of an entire region. A well-known example of this is southeastern Colorado’s Crowley County, where droves of farmers sold their water rights to the growing cities of Aurora, Colorado Springs and Pueblo between the 1960s and the 1980s, then took the profits, packed up and moved away. Because few of the proceeds from those water sales were reinvested in the community and the region lacked an alternative economy to fall back on, widespread unemployment ensued that persists to this day.

Photo of Crowley County by Jennifer Goodland

“If you looked at this transaction from a statewide perspective, it was a net benefit,” Bovee points out. “The revenue from moving that water to the Denver Metro area was greater than the lost income from farming in the county. But there was a spatial problem—Crowley County did not have a second and third economy to rely upon, so it was economically devastating, and there was huge poverty and social fallout. Open markets see nothing wrong with that transaction. But the state has to look out for the health of its rural populations and mitigate the downside in some way.”

Romancing the River: The Appropriation Doctrine – and Its Appropriation — George Sibley (Sibley’s Rivers) #ColoradoRiver #COriver #aridification

Welcome to the Anthropocene. Credit: Sibley’s Rivers

Click the link to read the article on the Sibley’s Rivers website (George Sibley):

February 14, 2024

Last post, I laid out some reasons why the water mavens now engaged in mapping out Colorado River management strategies beyond 2026 – the year ‘interim’ management strategies expire – should consider laying the Colorado River Compact to rest, archiving it along with most of the chain of subsequent compacts, rules and guidelines, legislated acts, minuted treaties and interim patches and props known as the ‘Law of the River,’ and start over with a new compact that actually reflects contemporary river realities.

One of those reasons was the fact that the Compact had failed from the start in its primary goal: to provide for an ‘equitable division and apportionment of the use of the waters’ that was not driven by the prior appropriation doctrine, which was leading the seven states into an appropriation ‘horse race’ in which California was already lapping the other six states.

Over the past years we have heard again and again, in speech and in print, that the Colorado River Compact is the ‘foundation of the Law of the River.’ That is just not true. The foundational law of all the law governing use of the river is the doctrine of prior appropriation, which all seven of the compact states had adopted from the time they were territories, as a vehicle for the reasonably orderly distribution of essential water among water users in the arid and semi-arid lands. [ed emphasis mine]

That is what we’re going to look into today – the doctrine of prior appropriation that is the foundation on which the formal and informal management of the river is built. (Fools tiptoe in where mavens fear to tread.)

The appropriation doctrine for the use of water in arid regions evolved literally everywhere at once in the arid West, a grassroots ‘common law’ that was only formalized, not created, when states wrote it into their laws and constitutions. ‘Common law’ refers to the ‘justice’ that people agree upon in resolving problems among themselves before there are local governments with sheriffs and judges to apply justice for them.

An appropriator of water could be anyone from an individual to a whole ditch company organized in a number of ways. An appropriation of water was created by just digging a ditch from a stream to put some water to use, and if you were smart posting a dated notice near it and starting a ditch journal at home. But no one needed to be asked for permission, and evidence of actual use amounted to proof of appropriation. ‘The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied,’ the Colorado Constitution says.

But as more people came to use the streams, priority of appropriation became an issue that had to be resolved between parties wanting to use the same water in the pre-law period. That was probably resolved reasonably amicably in many cases; but for the rugged American individualist yeomen invented by Thomas Jefferson and John Locke, it could get tense, even violent; and the common rule arrived at among the unruled, when neither side would yield, was that the first user had the better claim, and got his water first, with the subsequent users in ranked priority for what was left. Once county and state offices were set up, land and water appropriation claims could be officially filed, with law enforcement to back them, which made it all easier, but still it occasionally resulted in open competitive conflict, in a nation of rugged individualists.

Appropriation law has developed a reputation today of being terribly complex, but it is all founded on that simple default premise, easily understood even by children on the playground: first come, first served. Although it should be acknowledged that the appropriation and privatization of water from the commons is not a universally accepted ‘God-given’ practice.

It should also be noted that a sociopolitical philosophy underlay appropriation law as it first evolved in the arid lands. The ‘agrarians’ – farmers and would-be farmers in counterrevolutionary retreat from the dominant Industrial Revolution back in the states – wanted to protect themselves from the speculators scouring the continent for investment opportunities for private capital. So their law insisted that no one could appropriate more water than he or she could put directly to use (or show ‘due diligence’ in installing the works to put the water to use). This prevented speculators from appropriating whole streams, to profit from selling or leasing to would-be farmers.

Gunnison River Basin. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69257550

The emerging law also said that no riparian users could keep subsequent appropriators from access to the stream, even if it meant letting a junior user run a ditch through their fields. While appropriation was oriented toward the individual, this condition encouraged collaboration among users on a stream: the first user’s ‘mother ditch’ could be enlarged to carry water to other farms rather than cutting through the first users’ fields. My great grandfather James Short and his brother Frank started a floodplain ditch in the valley of the North Fork of the Gunnison River that, by the time they filed for a water right in 1889, had 21 farmers using the enlarged ‘Short Ditch,’ all named in the decree.

The Short brothers did not create a formal ‘ditch company’ for their often-enlarged ditch, but when it came to settling the mesas and benches above the floodplains, requiring long expensive upstream conveyance ditches, ditch companies were almost necessary, formally registered companies with a large appropriation shared out among the funding members once the system was completed. Entrepreneurs also somehow skirted the speculation issue, purchasing dry uplands at a low price and running a long conveyance ditch to it in order to resell it as irrigated land. Incorporated and unincorporated communities appropriated water for domestic and industrial purposes – the City of Gunnison went from a sagebrush flat to a ‘Tree City’ designation, thanks to a municipal ditch system along its streets.

For those interested in the agrarian roots of the prior appropriations doctrine, an excellent book on the subject is The Colorado Doctrine: Water Rights, Corporations, and Distributive Justice on the American Frontier by legal scholar David Schorr. It is all very straightforward, if not all as simple as the basic premise.

Complexity began to enter the system as users on the streams increased, and all local streams conflued with other streams, all with water users with rights in priority too; seniority in one watershed was not necessarily seniority in the downstream confluence with several watersheds.

State Engineer’s Office Division boundaries. Division 1 in Greeley: South Platte, Laramie & Republican River Basins. Division 2 in Pueblo: Arkansas River Basin. Division 3 in Alamosa: Rio Grande River Basin. Division 4 in Montrose: Gunnison & San Miguel River Basins, & portions of the Dolores River. Division 5 in Glenwood Springs: Colorado River Basin (excluding the Gunnison River Basin). Division 6 in Steamboat Springs: Yampa, White and North Platte River Basins. Division 7 in Durango: San Juan River Basin and portions of the Dolores River.

Hierarchies of state engineer and water commissioners had to compile all of that inter-watershed information and organize it by priority for entire river basins – eight major basins in Colorado alone. This was a formidable task in the pre-computer era; now we can look up water rights in minutes.Other complexities emerged, however, that began to change prior appropriation law – essentially a grafting of the urban-industrial mainstream game plans onto its agrarian roots. This complexity would have been precluded, or at least deferred, by a second simple rule proposed by the explorer-scientist Major John Wesley Powell. In his famously ignored 1877 ‘Report on the Lands of the Arid Regions’ – actually a detailed plan for an agrarian West – Powell proposed that, since the land was essentially worthless without the water, the right to use the water should ‘inher’ in the title for the land – land and water bound together as a single property.

John Wesley Powell’s recommendation for political boundaries in the west by watershed

His recommendation was ignored everywhere. Instead, land titles and water rights evolved as separate ‘properties.’ The right to just use a quantity of water became a property that could be bought and sold, like a piece of land or an automobile, separate from the land it nourished. And the sold water right kept its place in priority with the new owner; seniority went along with the purchase of the right to use the water.This freeing of water rights from their original purpose, alone, made the appropriations laws a powerful engine for the growth of great cities. Growing cities, with their concentrated wealth, could grow well beyond the limits of their own local water supply by buying water rights from users many miles distant and bringing the water to the city.

Laramie and Poudre Tunnel inlet October 3, 2010.

But an incident in two small tributaries of the South Platte River in Colorado’s Front Range led to further complexity – or opportunity, as the western city builders would have seen it. A little water was taken across a ridge from one watershed into another on Colorado’s Front Range. This was contested in water court by users from the basin of origin because they said it limited the future development of their watershed. The court, however, found that insufficient reason to deny this small ‘transbasin diversion.’

But given that foot in the door, the door was pushed open for much larger transbasin diversions – transmountain diversions, even through the Continental Divide, with no legal responsibility on the diverter to compensate the basin of origin for water appropriated or purchased, and the resulting loss of a piece of its future (sine agua nada).

These ‘complexities’ showed up in one form or another in the appropriation laws throughout the arid West. California, as usual, was first to really exploit it, bringing questionably acquired water a hundred miles from the Sierras to the Los Angeles Basin in the first decade of the 20th century. Transmountain diversions have been the cause of most of Colorado’s so-called ‘water wars,’ with the urban-industrial metropolis east of the Continental Divide now taking half a million acre-feet annually from the West Slope’s Colorado River headwaters.

Colorado transmountain diversions via the State Engineer’s office

The ‘great and growing cities’ of the eastern plains also managed to undermine, or at least muddy, the appropriation doctrine’s fundamental anti-speculation mandate, to only appropriate as much water as you could put directly to use. In the 1930s Denver leased and lined the pilot bore for the Moffat Tunnel, to move water through the Divide from the Fraser River on the West Slope. In 1937 the city filed for a Fraser water right that was almost twice as much water as they could put to use, planning to lease the rest to East Slope agricultural users until the growing city needed it.

The leaders of the newly created Colorado River Water Conservation District, protecting the West Slope’s water, challenged that additional water as speculation. The district water court judge agreed with them, and reduced the city’s claim accordingly. But Denver appealed the decision to the Colorado Supreme Court – which reversed the district judge’s finding, determining that ‘it is not speculation but the highest prudence on the part of the city to obtain appropriations of water that will satisfy the needs resulting from a normal increase in population within a reasonable period of time.’

Map credit: AGU

The courts have gone back and forth for decades now, trying to pin down what constitutes ‘prudent’ acquisition of water to meet ‘a normal increase in population within a reasonable period of time.’ But the sprawling urban growth throughout the Southwest since World War II has essentially made distinctions between ’normal growth’ and ‘speculation’ meaningless. And most of that growth has depended on water brought in from distant places – some acquired from farmers, for whom water rights constitute a good retirement package.

The mythographers of money like to say that ‘in the West water flows uphill toward money,’ implying an effortless magnetism for money. The truth is that large quantities of money come out from the concentrated wealth of the cities to suck up – at a considerable but affordable cost – the water (as well as other raw resources) to feed the cities’ growth.

One can argue – I might even – that the anti-capitalist appropriations law as conceived by the agrarian ‘counterrevolutionaries’ was at best a holding action that could not forever hold off the juggernaut of the Industrial Revolution rolling across the continent. One can also point out that, despite all this, the farmers still own the rights to 70-80 percent of Colorado River water. But that is mostly just because the urban-industrial juggernaut hasn’t needed more of it, yet; and in any case most of the agriculture in the Colorado River region is pretty thoroughly industrialized agribusiness. (Only in the headwaters tributaries does one still find a hereditary agrarian ‘agri culture’ – and it is feeling besieged.)

Those major ‘complexifications’ of the original simple idea of prior appropriation law probably barely scratch the surface of the ever more complex evolution of the prior appropriation doctrine, an evolution that goes on despite – or maybe because of – the fact that there is really no more water to appropriate from the exhausted commons.

There is, however, one more complexification that needs to be considered, to really understand where things are today in the Colorado River region, and that is the Colorado River Compact itself, and the rationale behind it that failed in trying to go around the appropriation doctrine rather than going through it.

But I’ve gone on long enough on this post; that will be for next time – with some thoughts on how we could maybe sketch out a compact that might work to address some of the challenges we face, now and beyond 2026, that the current Compact can’t resolve. Stay tuned.

Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism

Updates from the 2024 Colorado Water Congress Annual Convention — Andrew Teegarden (Getches-Wilkinson Center) #cwcwc2024

Click the link to read the article on the Getches-Wilkinson Center website (Andrew Teegarden):

February 6, 2024

The Colorado Water Congress (CWC) winter convention in Aurora, CO has been buzzing with excitement. The conference kicked off with a series of water related workshops. Gregor MacGregor, Director of the Acequia Assistance Project at the Getches-Wilkinson Center (GWC), moderated a panel on the future generations of water leaders. One of the panelists, Mary Slosson, a 3L at the Colorado Law school, talked about the uncertainties of a legal profession in the water space. All of the students on the panel echoed the idea that we need young leaders to help drive change and that doing so requires organizations to work with the next generation of leaders to remove the barriers to access a career in the water sector. While this was happening, Jackie Corday with Corday Natural Resources Consulting, gave a training on SB23-270, describing how members within the state can restore natural streams without needing to obtain a water right. Other notable highlights included Author Erica Gies presentation on her recent book Water Always Wins which describes how to work with water rather than against it. The conference also jumped into the practical side of water by examining drought, resilience, and risk.

The first day of the conference ended with the POND casino night. The casino night has been a reoccurring event of the winter CWC convention because many of the conference topics center around risk tolerance. During the event, members of the Colorado Water Congress Board and I served as blackjack dealers for the night and helped people press their luck!

Day two of the conference focused on federal funding updates, legislative priorities, and how Colorado leaders plan to address our current issues. KC Becker, EPA Administrator for Region 8, talked about the funding available under the Bipartisan Infrastructure Law and Inflation Reduction Act. KC estimated that Colorado will see approximately $140 million dollars each year over the next three years to use for implementing water projects with an emphasis on disadvantaged communities. In addition, various mayors from across the state discussed how the legislature needs to begin integrating water planning and land use. Specifically, how replacing lawns and other non-usable grass with turf will help cut down on unnecessary water usage. Day two ended with a conversation between Dan Gibbs, the Executive Director of DNR and Phil Weiser, the Colorado Attorney General. They discussed the passion they share for the water community and the need for all water users to come together collectively and compromise to assure a water secure future for Colorado. Phil even gave a shoutout the the late Charles Wilkinson, Colorado Law Professor and namesake of the GWC, for the impact he had on both Phil and the larger water community.

The final day of the conference focused on cooperative action, what priorities states are looking to advance, and recognizing Kevin Rein with the Honorary Life Membership Award for his work as the Colorado State Engineer and Director of the Division of Water Resources. Members of the lower basin pointed to the 2007 guidelines, including the Drought Contingency Plan, and agreements with Mexico as major milestones in the cooperative effort to bridge the gap between the lower and upper basin. States also replied that we must begin looking for unique ways to save water whether that be infrastructure projects, cooperative agreements, or water conservation measures. Ultimately, it will take all of us to align our water usage and supply.

Clearly, a lot of ground was covered during CWC’s winter convention. If there was one take away, it would be that we need to begin analyzing the risk of inaction. [ed. emphasis mine] If we keep waiting to take a stance or begin water infrastructure projects, we will only hurt Colorado and the Colorado River Basin in the long run. One way we can reduce the risks is by working with one another and allowing water to shape the future of our actions.

In #Colorado’s #SanLuisValley, paying for the water they use — John Fleck (InkStain.net) #RioGrande

Click the link to read the article on the InkStain website (John Fleck):

February 10, 2024

Folks in Colorado’s San Luis Valley are engaged in a bold experiment in western water management – charging farmers for the water they use. Jerd Smith [Fresh Water News] explains:

The challenge in the valley is that, with climate change inexorably chomping at the Rio Grande, and the groundwater used to replace the river’s dwindling irrigation supplies, there simply isn’t enough water to keep farming all the acreage they’ve got up there.

The valley is operating under the same two constraints that we see up and down the river – less water flowing in, and requirements established in the Rio Grande Compact to pass some of what does come in to folks downstream – Colorado can’t use it all, but must pass some water along to water users in central New Mexico. Those of us in central New Mexico’s “Middle Rio Grande” (the stretch from Cochiti through Albuquerque to Socorro) get to use some, but must pass some of on to farmers in Southern New Mexico. Under the deal now pending before the U.S. Supreme Court, the southern New Mexican’s (the Elephant Butte Irrigation District and Las Cruces area) must then pass some water across the border to people in Texas and Mexico.

PAYING TO REDUCE USE: PRIVATE V. PUBLIC GOODS

In each of those stretches – Colorado, central New Mexico, and southern New Mexico – we face the challenge of reducing use in order to meet downstream obligations.

In New Mexico, our approach to problems like this has been to treat the water as a private good, and pay its users to not use the water. This year, for example, a pipeline of money from the federal government, through the state, to our local water agency, the Middle Rio Grande Conservancy District, is paying irrigators $700 an acre to not irrigate.

The approach in the San Luis Valley is different. There, farmers who want to pump groundwater (recognizing that groundwater and surface water are an interconnected part of a single system, and that as river flow declines farmers have been pumping groundwater to replace it) have to pay for it. If you want to pump more, you have to pay more. And as it gets scarcer, the price needs to go up.

The legal terminology involving the notion of property rights here is tricky, but as a practical matter this suggests two very different approaches. In New Mexico, we are treating the water as the irrigators property, and paying them to forego its use. In Colorado, they’re treating it as public property, and requiring them to pay if they want to use it.

THE COASIAN SOLUTION

Students of the Berrens-Fleck Lab will recognize this as a version of the classic problem of assigning the property right, as laid out by Ronald Coase in his classic 1960 paper The Problem of Social Cost. Overuse of water in a climate change-constrained system is a classic “externality” – a burden pushed off onto others, rather than the people who get to benefit from the use of water. [ed. emphasis mine]

Coase’s answer – “assign the property right!” – has made his paper one of the most-cited papers in the history of papers, and won him a Nobel prize. Coase’s argument is that by assigning the property right, and starting from that point to figure out who pays and how much to solve the problem, we can converge on solutions. You can either make the people being harmed pay to stop the harm, or the people causing the harm pay to stop the harm.

We can, for example, require the factory polluting our river pay the cost of installing pollution control equipment. Or we can make the folks downstream, or the community as a whole, pay. Either way will work. The question of which approach we take is an ethical and political question.

Colorado has chosen (or at least is trying to chose – this’ll end up in court) one approach. New Mexico has chosen another.

CARTOON COASE

This is a cartoon of Coase’s argument. In the paper (which is a terrific read) he’s making a more nuanced argument involving transaction costs. In both the New Mexico and Colorado cases, the cost of setting up the payment system makes actually carrying out the policies we need super hard. But the cartoon helps frame our approach to western water management challenges more broadly.

This image is fake. There also is no Large Container Ships Full of Money Act. I made that up too. It’s really the “Build Inflation Better Act” or something, I can never get that right. Graphic credit: John Fleck/InkStain

The Colorado example – charge more to use water! – is rare. In the Lower Colorado River right now, we’re paying farmers, through their agricultural districts, giant container ships full of money to reduce their use – the New Mexico approach. We’re treating the water as their property, and paying them not to use it. This is an ethical and political (and possible legal?) choice.

But the key difference between the New Mexico/Lower Colorado approach and the classic Coasian cartoon is who’s doing the paying. In both cases, at least for now, we’re using Other People’s Money (OPM), via the recently passed Large Container Ships Full of Money Act (LCSFMA). Those of us in the West have somehow worked a racket where folks in Maine and Georgia and elsewhere are paying to bail us out of our mess. (To be fair, I’m sure we’re bailing them out in some way too.)

The processes by which we have to figure out how to move all this money and water around – to pay people to not use water, or to charge them for the water they use – are a great example of the power of the deeper insights in Coase’s 1960 paper. Working out the ways things don’t match up to Cartoon Coase is where the real value of the intellectual framework is found.

SOURCES AND METHODS

Two huge thanks. First, to Daniel Rothberg, whose Western Water Notes alerted me to the issue. And to Jerd Smith, for supporting and publishing the great water journalism we all need to understand these issues. If you can, I’d encourage you to contribute to one or the other or both, to support the fundamental underlying knowledge base we all need to move forward on climate change and western water issues.

The Rio Grande flows near Albuquerque as the sun rises over the Sandia Mountains. (Photo by Diana Cervantes for Source NM)

#ColoradoRiver managers propose plan to protect #GrandCanyon fish, but some say it’s not enough — KUNC #COriver #aridification

Humpback chub occupied range and critical habitat. Credit: Julie Stahli/USFWS

Click the link to read the article on the KUNC website (Alex Hager). Here’s an excerpt:

February 10, 2024

Federal water managers proposed a new plan to protect native fish species in the Grand Canyon, but conservation groups say it doesn’t go far enough. Water levels in Lake Powell, the nation’s second-largest reservoir, have been dropping to historic lows as the region struggles to rein in demand in response to dry conditions fueled by climate change. Those low water levels have allowed non-native fish to pass through the Glen Canyon Dam, which holds back Lake Powell, and eat native fish that live on the other side, in the portion of the Colorado River that runs through the Grand Canyon. The native species at issue is the humpback chub, which is found nowhere on earth besides the Colorado River and its tributaries. It was previously considered “endangered,” but was downlisted to “threatened” in 2021. The fish still receives protections under the Endangered Species Act.

Lake Powell’s decline is seen in these photos of Glen Canyon Dam taken a decade apart. On the left, the water level in 2010; on the right, the water level in 2021. (Source: Bureau of Reclamation)

Lake Powell, which began filling in the 1960s, was stocked with non-native fish such as smallmouth bass for recreational fishing in 1982. Smallmouth bass prefer warm water near the reservoir’s surface. Now that the surface of the reservoir is dropping, the fish are able to move low enough to enter the tubes inside Glen Canyon Dam that allow water to pass from one side to the other. The Bureau of Reclamation, the federal agency which manages the West’s dams and reservoirs, released a draft plan for water releases from the dam in northern Arizona. It proposed five new ways to manage releases from the dam in an effort to keep native fish thriving in the Colorado River below Lake Powell — four of which involve attempts to make the water cooler and disrupt the spawning patterns of non-native fish…

This 2023 diagram shows the tubes through which Lake Powell’s fish can pass through to the section of the Colorado River that flows through the Grand Canyon. Credit: USGS and Reclamation 2023

Taylor McKinnon, Southwest director for the Center for Biological Diversity, takes issue with two components of the draft plan. The first, he said, is a tangible change. McKinnon encouraged federal water managers to consider making physical changes to the dam intakes themselves — like adding screens — to prevent fish from passing through…The second issue McKinnon described is more of an ideological one. He said federal water managers are not doing enough to look at the long-term viability of the reservoir in the face of a drying climate.

“Federal agencies need to become proactive,” he said. “They need to look at the science. They need to look at the forecasts for future Colorado River flows in one decade, two decades. All that information indicates that Glen Canyon Dam is facing climate-inevitable deadpool and climate-inevitable obsolescence.”

The back of Glen Canyon Dam circa 1964, not long after the reservoir had begun filling up. Here the water level is above dead pool, meaning water can be released via the river outlets, but it is below minimum power pool, so water cannot yet enter the penstocks to generate electricity. Bureau of Reclamation photo.

In $100 million #ColoradoRiver deal, water and power collide — KUNC #COriver #aridification

Shoshone Falls hydroelectric generation station via USGenWeb

Click the link to read the article on the KUNC website (Alex Hager). here’s an excerpt:

February 9, 2024

The purchase [of the Shoshone Power Plant non-consumptive use hydropower rights] represents the culmination of a decades-long effort to keep Shoshone’s water on the west side of Colorado’s mountains, settling the region’s long-held anxieties over competition with the water needs of the Front Range, where fast-growing cities and suburbs around Denver need more water to keep pace with development. Even though the Shoshone water rights carry an eight-figure price tag, the new owners will leave the river virtually unchanged. The river district will buy access to Shoshone’s water from the plant operator, Xcel Energy, and lease it back as long as Xcel wants to keep producing hydropower. The water right is considered “non-consumptive,” meaning every drop that enters the power plant is returned to the river. The river district wants to keep it that way as long as they can and ensure the water that flows into the hydroelectric plant also flows downstream to farmers, fish and homes.

The river district is rallying the $98.5 million sum from local, state and federal agencies. The district has secured $40 million already, with deals in the works for the remainder. It’s rare for a big-money water deal to find this kind of broad approval from a diverse group of water users. But the acquisition is seen as pivotal for a wide swath of Colorado, and has been co-signed by farmers, environmental groups and local governments…Shoshone’s water right is one of the oldest and biggest in the state, giving it preemptive power over many other rights in Colorado. Even in dry times, when cities and farms in other parts of the state feel the sting of water shortages, the Shoshone Hydroelectric Plant can send water through its turbines. And when that water exits the turbines and re-enters the Colorado River, it keeps flowing for myriad users downstream…

The hydro plant itself produces relatively little energy. Its 15 megawatt capacity is only a small fraction of Xcel Energy’s total Colorado output of 13,100 megawatts. Shoshone’s capacity is enough to serve about 15,000 customers, which is less than a quarter of the population of Garfield County, where the plant is located. But the power plant has held legal access to water from the Colorado River since 1902, and can claim seniority over the vast majority of other water owners in the state. That kind of seniority means power and certainty for whoever owns it. And that has raised the hackles of Western Colorado water users, who worry that water users in other parts of Colorado might be interested in buying Shoshone’s water right…The Colorado River District’s plans to buy Shoshone’s water have rallied widespread support, largely because of the transfer’s widespread benefits. Perhaps no constituency will benefit from the move as much as the one that lives in the river itself…Standing on the banks of the Colorado River in Grand Junction, [Dale] Ryden looked out over a murky, meandering stretch of water. It’s part of the “15 mile reach,” a critical section of the river about 80 miles west of the Shoshone plant. The reach is filled partly by water exiting Shoshone’s turbines. Ryden explained that this section of river is home to a variety of species, some of which are endangered, and some which are found nowhere else on earth besides the upper portions of the Colorado River. Those species – with funky names like the flannelmouth sucker and the humpback chub – rely on this stretch of river for virtually every aspect of life.

This map shows the 15-mile reach of the Colorado River near Grand Junction, home to four species of endangered fish. Map credit: CWCB

Long-term #ColoradoRiver rescue plan at an impasse? It’s north vs. south in the West — The Palm Springs Desert Sun #COriver #aridification

“New plot using the nClimGrid data, which is a better source than PRISM for long-term trends. Of course, the combined reservoir contents increase from last year, but the increase is less than 2011 and looks puny compared to the ‘hole’ in the reservoirs. The blue Loess lines subtly change. Last year those lines ended pointing downwards. This year they end flat-ish. 2023 temps were still above the 20th century average, although close. Another interesting aspect is that the 20C Mean and 21C Mean lines on the individual plots really don’t change much. Finally, the 2023 Natural Flows are almost exactly equal to 2019. (17.678 maf vs 17.672 maf). For all the hoopla about how this was record-setting year, the fact is that this year was significantly less than 2011 (20.159 maf) and no different than 2019” — Brad Udall

Click the link to read the article on The Palm Springs Desert Sun website (Janet Wilson). Here’s an excerpt:

February 9, 2024

Will seven Western states be able to rapidly craft a voluntary plan to keep the Colorado River afloat for decades to come? It’s increasingly unclear, as negotiations have foundered between two sides, according to key players. There are sharp differences between northern and southern states’ proposals, with representatives of the mountainous Upper Basin states of Colorado and New Mexico unwilling, to date, to shoulder large future cuts, both because of historic underuse of their share of the river and because of heavily populated California and Arizona’s historic overuse. The southwestern states have for years taken twice as much as their northern neighbors.

Total losses (evaporation and riparian ET) from Reach 1 through Reach 5. Credit: USBR

Upper Basin officials, including Colorado’s plainspoken river commissioner, Becky Mitchell, said they have been informed of a proposal under discussion by California, Arizona and Nevada, collectively known as the Lower Basin, where the Lower Basin and Mexico would agree to take 1.5 million acre-feet of water less from the shrinking river each year. Mitchell said far more details are needed. That amount would be enough to both to make up for evaporation and leakage from delivery canals snaking across the hot desert, and to help stabilize the nation’s largest reservoirs, based on a report released Thursday by the U.S. Bureau of Reclamation that showed average annual losses to evaporation and river banks of 1.3 million acre-feet in the Lower Basin.

Lower Basin officials, including California’s Colorado River commissioner JB Hamby, who is leading the state’s negotiating team, declined to confirm numbers while they hash out specifics, but pointedly said major reductions need to be contributed by every state. One California official did confirm the numbers. Tom Buschatzke, Arizona’s top representative on the river talks, also wouldn’t confirm the 1.5 million acre-feet number, but emphasized the structural magnitude of what the Lower Basin is offering to do, noting his state and California, with help from Nevada and Mexico, would address evaporation and leakage for decades to come, and contribute more atop that to help stabilize the system. But, he said, more needs to be done, by everyone.

“It’s hugely important for folks to know that the Lower Basin is going to step up, and that we see a desire and a need for the rest of the problem to be solved collectively,” he said. “We can’t do it all. It is not physically possible.”

[…]

For now, negotiations between the two sides have ground to a halt, even as a deadline looms to produce a draft agreement by next month. The last time representatives from all seven states met face to face was in early January, when they convened at the Woolley’s Classic Suites, at Denver Airport. Since then, at the urging of U.S. Reclamation Commissioner Camille Calimlim Touton, there have been two Zoom calls with all the states that highlighted the fundamental differences, one participant said. The northern states recently invited their southern counterparts to Salt Lake City to resume full talks, but none chose to attend.

“We’ll keep inviting them,” Mitchell said. “I do not think we are at an impasse, and I do not believe we need to be at an impasse.”

Map credit: AGU

The Story Behind the Numbers — #Colorado Water Trust (@COWaterTrust) #YampaRiver #aridification

Yampa River in Steamboat Springs at low water. Photo credit: Colorado Water Trust

Click the link to read the release on the Colorado Water Trust website (Tony LaGreca):

February 7, 2024

As the Stewardship Manager for Colorado Water Trust, I am lucky to have several interesting jobs outside of developing new projects. I write a monthly forecasting memo that helps our staff plan for the upcoming season’s operations. I travel around the state and visit our projects to ensure they are still operating as designed. I collect streamflow and water temperature data to inform project design. It’s all great work but there is one job that is arguably the most important; I maintain and update (read the next words in an important sounding voiceThe Master Dashboard Accounting Spreadsheet.

This spreadsheet tallies the streamflow volumes and the number of river miles with improved flows. Volume and miles restored are the primary metrics that describe our impact. We must report accurate records to the Division of Water Resources, and our funders like to see our volume and mileage metrics, as well. Heck, the first thing you see on our website is a cool animation tallying up our volumes and stream miles. Just looking at the site now, I see that we have restored 73,242 acre-feet of water to 612 miles of Colorado’s rivers, which is very impressive… or is it? Honestly what do those numbers mean? Is our work important? Impactful? Let’s dig a little deeper to find a better way to highlight the benefits our work. 

Let’s start with terms. Acre-feet is a weird one—it’s a very important term in the water world but doesn’t translate well to a general audience. Us water nerds often try to better explain the term. “An acre-foot of water is enough water to supply two average households for one year” we will say in a very serious tone. Great, so now we can visualize how many showers and toilet flushes the Water Trust has restored. Hmm… perhaps if we convert it to gallons it will make more sense. I see that we have restored 22.6 billion gallons—that sounds impressive! Let’s convert it to metric tablespoons to get a truly enormous number. Unfortunately, the human brain is epically bad at comprehending large numbers so perhaps we should look at this another way.

Rivers and streams are not simple units easily counted and categorized. Rivers are homes for fish, drinking water for towns, irrigation water for farmers, places of recreation, and focal points for communities in the arid west. Rivers are local and personal. Our Yampa River Project is a great example for examining the alternative metrics we can use to measure our impact on the river and the community that depends on it. Low summertime flows on the Yampa lead to high water temperatures that are unhealthy or even deadly to the trout who call the river home. To help protect the trout, Colorado Parks and Wildlife (CPW) is often forced to close the river to extremely popular recreational activities like angling and tubing. While the closures help keep fish alive, they severely impact summer tourism and the local economy. Since 2012, the Water Trust has partnered with the Upper Yampa Water Conservancy District, Colorado Water Conservation Board, City of Steamboat Springs, and the Yampa River Fund to release additional water from Stagecoach Reservoir 18 miles upstream of Steamboat. These releases help cool temperatures for the fish and keep the river open for recreation. Now, let’s take a closer look at some of the metrics that tell the story of our impacts to the Yampa and the Steamboat community.

Take a look at the plot below, which shows the flows in the Yampa River in Steamboat during the late summer of 2023. The blue shading shows the flows that the Water Trust released. Last summer, Water Resources Specialist, Blake Mamich, saw that dropping flows and high river temperatures were exceeding regulatory thresholds (which lead to river closures) so he acted quickly, coordinating releases to boost stream flows and keep the river cool.

Graphic credit: Colorado Water Trust

Let’s look at some of the metrics that help tell the story of this successful project. In 2023, the Yampa River Project:

  • Released water for 60 days, keeping the river cool to keep the city compliant with regulations.
  • Boosted flows for fish for nearly two months.
  • Averted 38 days of river closures, keeping the river open when it would have otherwise been closed for over a month during the busy tourism season.
  • Water Trust releases often accounted for over 30% of the entire flow in the Yampa River, and has accounted for over half of the flow in years past.

Now there are some metrics that show the impact of our work a little better than 3,288 acre-feet or one billion gallons. Let’s look beyond the flow numbers to see how the project is providing benefits to the upper Yampa communityA 2019 study by the Steamboat Chamber of Commerce found that summer tourism has a $166 million-dollar impact on the city which supports over 2,000 jobs. While I am not an economist, it’s not unrealistic to imagine that a 38-day closure of the river flowing through the heart of town would reduce those numbers. It’s also interesting to note that less than 2% of the economic benefits would easily pay for this project to run in perpetuity. Looking beyond the tourism impacts, the water continues to flow downstream of Steamboat where it is available to agricultural users along the length of the river. This project is also a long-term investment in sustainable river health as the Water Trust has operated this project in 10 of the last 12 years, providing a decade of benefits.

Digging more deeply into the impact of our projects really shows why our work is so important. They go beyond just putting flows into the river—they make tangible and long-term impacts on the habitats and communities that rely on healthy rivers across the state.

I will keep updating the Master Dashboard Accounting Spreadsheet and reporting our volume numbers since they are still very important to our work, but I promise to chime in here on occasion to highlight all of the benefits that our projects generate. So next year when you are reading the annual report and you see we have restored enough water to cover Manhattan Island to a depth of 5 feet*, know that there is a story behind the numbers. 

*That is true by the way.

The Yampa River emerging from Cross Mountain Canyon in northwest Colorado had water in October 2020, but only the second “call” ever was issued on the river that year. Photo/Allen Best

USGS includes Indigenous knowledge in #GrandCanyon uranium study — Jonathan P. Thompson (@Land_Desk)

Click the link to read the article on The Land Desk website (Jonathan P. Thompson):

+ UT nixes Bears Ears swap; Mining Law reform … NOT!

Though it sits just 10 miles from the Grand Canyon’s south rim, the controversial Pinyon Plain (née Canyon) uranium mine goes unnoticed by the millions of people who drive past it on their way to the national park. It’s tucked in among the trees about two miles off the highway, and its total above-ground footprint is a mere 17 acres — smaller than an upscale shopping center in Flagstaff. 

Officials at Energy Fuels, Pinyon Plains’ operator, highlight the facility’s inconspicuousness when responding to opposition to plans to rev up the mine. Curtis Moore, Energy Fuels’ VP of marketing, told the Navajo-Hopi Observer in 2022 that the mine “is about as small and low-impact as commercial mining gets.” There’s no gaping open pit like those at the copper mines further south in Arizona nor hulking piles of waste rock and toxic tailings and, Moore insisted, the Pinyon Plain is the most heavily regulated conventional mine in the nation, which should prevent it from contaminating groundwater or the air. 

Moore’s assurances don’t ease the concerns of many Havasupai people, however, who are affected by the mine in ways that transcend regulations and the scope of conventional Western science. “We have a belief system that they don’t understand,” Havasupai elder Carletta Tilousi told The Guardian in 2022. “In our stories, that area where the mine is located is Mother Earth’s lungs. So when they dug the mine shaft, they punctured her lungs.”

This is the sort of potential harm that almost never makes it into environmental impact statements or regulators’ considerations of proposed projects. That may be changing. The United States Geological Survey has published a new report on uranium mining near the Grand Canyon, one that incorporates Indigenous knowledge to identify exposure pathways that standard risk analyses might miss. The report, by Carletta Tilousi (Havasupai Tribe) and Jo Ellen Hinck (USGS), is an eye-opening read. 

In the Grand Canyon-area, high-grade uranium ore often occurs in geologic features known as breccia pipes, prompting prospectors to stake hundreds of claims there from the 1940s to the 1980s, when the domestic uranium mining industry collapsed. Interest was revived in 2007, when prices shot up again, and more claims were staked. The Pinyon Plain Mine — which was developed years ago but never produced ore — sits a few miles from Red Butte, a landform held sacred by several tribal nations, and in Mat Taav Juudva, or “sacred meeting corridor” for the Havasupai. It is now within the boundaries of Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument. New mining claims can’t be staked here, but since Pinyon Plain was an existing, valid claim when President Biden established the monument last year, it is grandfathered in. 

The Havasupai Tribe has pushed back against uranium mining for decades, saying it endangers their health, land, and culture. The Pinyon Plain Mine sits above the Redwall-Muav aquifer, and mining could contaminate this precious store of groundwater. Indeed, when the mine shaft was sunk in 2016, it encountered a perched aquifer, which drained into the shaft. This not only threatens the tribe’s drinking water, but also its very existence. The report quotes Havasupai Vice-Chairman Edmond Tilousi thusly: “If the R-Aquifer becomes contaminated, and we must abandon our ancestral home of Supai Village, we will leave the blue-green waters of Havasu Creek behind and consequently will cease to be the Havasuw Baja. While we may still breathe air, we, the People of the Blue Green Water, will have become extinct.”

The aquifers are just one exposure pathway. Others will appear in standard risk assessments of mines, like this one: 

Typical conceptual site framework for a mining site that highlights human health and ecological risk assessment considerations. From Park and others (2020). Source: Conceptual Risk Framework for Uranium Mining—An Update to Include Havasupai Resources at Risk. Credit: The Land Desk

And yet others are typically overlooked. This updated contaminant exposure framework shows both the pathways revealed by standard analyses, and those identified through Indigenous knowledge and the Havasupai perspective:

Contaminant exposure framework for uranium mining in the Grand Canyon region from the Havasupai perspective. Photographs by Blake McCord and Dawn Beauty. Source: Conceptual Risk Framework for Uranium Mining—An Update to Include Havasupai Resources at Risk. Credit: The Land Desk

This new report, “Expanded Conceptual Risk Framework for Uranium Mining in Grand Canyon Watershed—Inclusion of the Havasupai Tribe Perspective,” gives a far more holistic view of mining and its impacts than standard analyses. As such, it gives a much more complete vision of what is actually at stake. Hopefully other researchers and federal agencies will take note and follow the authors’ lead. 

Read the report.


I will admit that I was pretty psyched to hear that Congress was finally taking up mining law reformAfter all, the General Mining Law of 1872 hasn’t been significantly altered since then President Ulysses S. Grant signed it into law. Isn’t it about time to tighten things up a bit and end the 152 years of public land giveaways? Apparently not. 

Yes, Congress is considering the Mining Regulatory Clarity Act. But no, it is not reforming the law in a good way. 

See, the law currently says that for a mining claim to be valid, the claimant has to prove it contains a valuable mineral deposit. And if it’s not valid, then a mining company can’t use or occupy the claim. For decades, this requirement was more or less ignored when it came to mining companies using invalid claims on public lands to store waste rock or mill tailings. But in recent years, judges have handed down some significant rulings — most notably the Rosemont decision — blocking mines from storing waste on invalid, unproven claims. 

The “Clarity Act” pushed by Rep. Mark Amodei, a Nevada Republican, would essentially validate invalid claims by removing the “valuable mineral” requirement. The language from the bill reads: “A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit,” if the claimant pays their location fee and annual maintenance fees. 

In other words, it further loosens an already lax and antiquated law.


🤯 Annals of Inanity 🤡

It really seems as if the Republican-led Utah legislature is looking to one up Congress in the dysfunction department. Nearly every day we hear some news of boneheadedness coming out of Capitol Hill, and nearly every time it’s follow up by something even more head-scratching out of Salt Lake City. 

This week’s moronic moment comes to you courtesy of Gov. Spencer Cox and his comrades in the legislature, who put the kibosh on a land exchangethat would have swapped out state parcels in Bears Ears National Monument for federal land outside the monument. You might be thinking that Utah felt like they were getting the short end of the stick here, and merely wanted to renegotiate. But in fact, as Utah’s School and Institutional Trust Lands Administration officials and Utah’s congressional delegation will tell you, the swap is a really good deal for the state and for the schools and institutions revenues from the lands support.

The exchange would allow SITLA (Utah’s School and Institutional Trust Lands Administration) to dispose of discrete parcels within the monument with minimal revenue-generating potential. In return, they’d receive consolidated blocks of Bureau of Land Management land in areas targeted for lithium, potash, uranium, helium, oil and gas, and/or residential development. Meanwhile the BLM would rid itself of the headache of dealing with all of these little inholdings within the monument. SITLA officials estimated the swap would net the state hundreds of millions of dollars in additional revenue over the long term, which was good enough for Utah’s entire congressional delegation to sign onto federal legislation that would have ratified the deal (it stalled out, however, which opened the door to this week’s withdrawal). 

So what’s changed that would spur the withdrawal? Nothing. Cox and his Republican colleagues claim they made this imbecilic move because: the BLM “has signaled that it will adopt an exceptionally restrictive and unreasonable land management plan {for Bears Ears NM} that would negatively impact the communities surrounding the Monument and the state’s public school children…”

Yes, Utah’s elected leaders are throwing away hundreds of millions of dollars for public schools because they perceived “signals” about something they didn’t like. The draft management plan for Bears Ears NM hasn’t even been released, and even if it is restrictive as all get out, canceling the exchange will do nothing to change it. Nothing! All this little political circus act will do is, yes: Take money away from public school children. 

In other words, this whole thing is merely an exercise in ideology-driven stupidity. Echoing their GOP brethren in Washington, D.C., Utah’s Republicans are acting against their constituents’ best interest in order to make a political point. Only not even they know what that point might be. 

Navajo Dam operations update February 10, 2024: Bumping releases to 400 cfs to the #SanJuanRiver #aridification

San Juan River Basin. Graphic credit Wikipedia.

From email from Reclamation (Susan Novak Behery):

In response to falling flows in the critical habitat reach, the Bureau of Reclamation has scheduled an increase in the release from Navajo Dam from 350 cubic feet per second (cfs) to 400 cfs for tomorrow, February 10th, at 4:00 AM.

Releases are made for the authorized purposes of the Navajo Unit, and to attempt to maintain a target base flow through the endangered fish critical habitat reach of the San Juan River (Farmington to Lake Powell).  The San Juan River Basin Recovery Implementation Program recommends a target base flow of between 500 cfs and 1,000 cfs through the critical habitat area.  The target base flow is calculated as the weekly average of gaged flows throughout the critical habitat area from Farmington to Lake Powell. 

Tribal nations often can’t access their own water. A new #Colorado institute wants to help: The new Tribal Water Institute is part of the #Boulder-based Native American Rights Fund — The Denver Post

John Echohawk and David Getches discuss strategy in NARF’s early years. Photo credit: Native American Rights Fund

Click the link to read the article on The Denver Post website (Elise Schmelzer). Here’s an excerpt:

February 7, 2024

When David Gover became an attorney with the Native American Rights Fund, he inherited a water rights legal case about as old as he was.

The case revolving around water rights in Oregon held by the Klamath Tribes started in 1975 and it’s emblematic of many tribal water cases — they’re long, complex and require specific legal knowledge. There are not enough Native water attorneys to handle the difficult cases, which are critical for tribes to access the water they are entitled to. That’s one of the challenges Gover hopes the new, Colorado-based Tribal Water Institute will help solve. The institute will help train new attorneys in tribal water law and provide other resources to help tribes access and develop their water rights. Tribes hold some of the oldest and most senior water rights in the West, but many do not have the money or infrastructure to use their water or sufficient legal staff to protect it.

“There’s still so much need out there and capacity is an ongoing issue for us all,” Gover said…

The institute will train young water attorneys to advocate for tribes in state and federal policy and serve as a central resource for tribes on water issues. It will be part of the Boulder-based Native American Rights Fund, a nonprofit that has worked on myriad legal issues for tribal nations since 1970. Too often, tribes are stuck in a reactive position on water policy and litigation because they don’t have enough resources to work proactively, Gover said. The Native American Rights Fund has represented tribes in nine of the 35 tribal water rights settlements approved by Congress since 1978, but there is more work than attorneys available…

The Walton Family Foundation — which has spent millions on water issues in the West — donated $1.4 million to launch the institute. Native American Rights Fund staff continues to fundraise for the $4.2 million they estimate will be needed to fund the institute for three years. Tribal nations are under-represented in federal and state policy discussions, said Moira Mcdonald, environment program director of the Walton Family Foundation.

“That is unjust and unwise,” she said. “We need to listen to their voices. More inclusive decision-making will lead to greater benefits for the environment and society as a whole.”

Native America in the Colorado River Basin. Credit: USBR

Fair representation for tribes is especially important in the Colorado River basin. Combined, the 30 tribes in the basin hold rights to approximately 25% of the water. But many have not been able to use their full allotment and the tribes have been repeatedly left out of negotiations over how the river should be used and divided.

John Echohawk. Photo credit: Allen Best/Big Pivots

Reclamation publishes overview of #ColoradoRiver evaporation history #COriver #aridification

Map of reaches identified in the Lower Colorado River Mainstream Evaporation and Riparian Evapotranspiration Losses Report. Credit: USBR

Click the link to read the release on the Bureau of Reclamation website (Michelle Helms):

February 8, 2024

The Bureau of Reclamation today published an overview of historical natural losses along the lower Colorado River. The Mainstream Evaporation and Riparian Evapotranspiration report looks at water surface evaporation, soil moisture evaporation, and plant transpiration. It will be used by Reclamation as a source of data as it manages regional water operations and to improve the agency’s modeling efforts.   

 “Reclamation’s approach to water management in the Colorado River Basin and across all Reclamation states is based on best available science, transparency, and inclusivity.” said Reclamation Commissioner Camille Calimlim Touton. “The release of the Mainstream Evaporation and Riparian Evapotranspiration study today evidences this commitment by informing our partners and the public about river and reservoir evaporation and transpiration in the Colorado River Basin.”   

 The report provides an overview of average mainstream losses from both river and reservoir evaporation, as well as the evaporation and transpiration associated with vegetation and habitats along the river. The report states that approximately 1.3-million-acre feet of losses occur annually along the lower Colorado River mainstream. Based on data from 2017 to 2021, approximately 860,000 acre-feet of Colorado River water is lost to evaporation occurring annually from Lake Mead to the border with Mexico. A further 445,000 acre-feet is lost to evaporation and transpiration from natural vegetation and habitats.   

Reclamation is committed to addressing the challenges of climate change and drought in the Colorado River Basin, using science-based, innovative strategies. As Reclamation continues working cooperatively with the basin states, tribes, stakeholders, partners, and the public who rely on the Colorado River, we are also deploying historic funding and resources from President Biden’s Investing in America agenda that increase near-term water conservation, build long term system efficiency, and prevent the Colorado River System’s reservoirs from falling to critically low elevations that would threaten water deliveries and power production. As a result of the commitment to record volumes of conservation in the Basin, as well as recent hydrology, the Interior Department announced in October 2023 that the chance of falling below critical elevations has been reduced to eight percent at Lake Powell and four percent at Lake Mead through 2026. Lake Mead is currently about 40 feet higher than it was projected to be at this time last year. 

 The Mainstream Evaporation and Riparian Evapotranspiration report is available on the Reclamation website. 

Total losses (evaporation and riparian ET) from Reach 1 through Reach 5. Credit: USBR

What and where is the #DoloresRiver and why is it important?: #Colorado’s Dolores river is critically important for both wildlife and people — Environment America

Dolores River Canyon. David Joswick | Used by permission

Click the link to read the article on the Environment America website (Karli Eheart and Ellen Montgomery):

December 22, 2023

Where is the Dolores River?

The Dolores River flows more than 241 miles from south to north through Colorado and then into Utah where it joins the Colorado River, carving one of the country’s most stunning canyons. 

In 1765, a Spanish explorer came across what he named “El Río De Nuestra Señora de Dolores,” or “The River of Our Lady of Sorrows.” Today, the Dolores River brings pleasure rather than sorrow, as a vibrant habitat for wildlife and a popular recreation destination.

Dolores River watershed

Why is the Dolores River important?

The water in the Colorado River is used for multiple purposes across many western states; including agriculture and drinking water. The river provides water to the cities of Cortez and Dove Creek as well as the Ute Mountain Ute Tribe and the Montezuma Valley through large, man-made canals. Importantly, the Dolores River flows into the Colorado River, which provides critical downstream benefits to some 40 million Americans. 

Mcphee Reservoir

The Dolores River was dammed just southwest of the city of Dolores, Colorado, creating the McPhee Reservoir, which allocates all of its stored water for agriculture. Even though it is the second largest reservoir in Colorado, the McPhee does not have the capacity to support agriculture and to release enough water into the river to help recreation and wildlife thrive.

This watershed is an ideal habitat for large mammals, such as desert bighorn sheep, mule deer, and beavers as well as many migratory birds. The river is also home to three native fish; flannelmouth sucker, bluehead sucker, and roundtail chub. 

The jaw-dropping scenic views make it a popular tourist destination year after year. Rafting, camping, hiking, fishing, hunting, bird watching and other activities are abundant. Visitors also come for the rich cultural history. The Dolores Canyon was home to ancient Ute peoples, Ancestral Puebloans, and Fremont peoples for thousands of years

Dolores River Canyon. David Joswick | Used by permission

Threats to the Dolores River

The Dolores river is dependent on water released by snowpack, the snow that builds up in the colder months. Due to climate change, snowpack has been decreasing since the 1950’s as snow melts earlier and there is less precipitation

Because of the more intense drought conditions caused by climate change, there is often not enough water in the McPhee Dam left to release into the river after water has been allocated to agriculture. The river’s flow has decreased by 50% over the last 10 years. Not having enough water flowing can lead to dramatic increases in both water temperature and sediment and silt, leading to reduced water quality

Nathan Fey, seen here paddling the Lower Dolores River. The lower Dolores River depends on a deep snowpack for boating releases from McPhee Reservoir. (Photo courtesy Nathan Fey)

The importance of snowpack to the river was demonstrated in 2016. Thanks to a healthy snowpack which released more water than past years, the river flowed at a “floatable” level for the first time in half a decade. The fully flowing river led to increased water recreation, such as rafting the technical rapids, exploring back hidden canyons, fly fishing for rainbow trout and spotting wildlife such as beavers. Camping even resumed, despite many campsites being overgrown and untended for years. 

In addition to low water levels, the river is exposed to pollution from uranium tailings and runoff from historic mines at its headwaters. With the possibility of mining resuming, the Dolores could be exposed to even more pollution, threatening native fish species, potentially leading to population declines. Additionally, it decreases the quality and the safetyof drinking water across the country, potentially leading to public health risks.

Prickly Pear Dolores River Canyon. David Joswick | Used by permission

We must protect the Dolores River

We must ensure the water in the Dolores River is safe for drinking, wildlife, recreation, and agriculture. Designating the land surrounding the Dolores River in Mesa and Montrose counties as a national monument would help to protect endangered species, encourage sustainable and responsible recreation and protect the water that does flow in the river from future toxic pollution. A national monument will not address all of the challenges with water shortages in this area but it will give wildlife a better chance. This will allow people to continue to enjoy the unique beauty of this area without running the risk of overuse, and preserve it for future generations.

Cost to water crops could nearly quadruple as #SanLuisValley fends off #ClimateChange, fights with #Texas and #NewMexico — Fresh Water News #RioGrande

Sunrise March 16, 2022 San Luis Valley with Mount Blanca in the distance. Photo credit: Chris Lopez/Alamosa Citizen

Click the link to read the article on the Water Education Colorado website (Jerd Smith):

Hundreds of growers in Colorado’s San Luis Valley could see their water costs nearly quadruple under a new plan designed to slash agricultural water use in the drought-strapped region and deflect a potential legal crisis on the Rio Grande.

A new rule approved by the area’s largest irrigation district, known as Subdistrict 1, and the Alamosa-based Rio Grande Water Conservation District, sets fees charged to pump water from a severely depleted underground aquifer at $500 an acre-foot, up from $150 an acre-foot. The new program could begin as early as 2026 if the fees survive a court challenge.

“It’s draconian and it hurts,” said Sen. Cleave Simpson, a Republican from Alamosa who is also general manager of the Rio Grande water district.

The region, home to one of the nation’s largest potato economies, has relied for more than 70 years on water from an aquifer that is intimately tied to the Rio Grande. The river begins high in the San Juan mountains above the valley floor.

Both the river and the aquifer are supplied by melting mountain snows, but a relentless multi-year drought has shrunk annual snowpacks so much that neither the river nor the aquifer have been able to recover their once bountiful supplies.

And that’s a problem. Under the Rio Grande Compact of 1938, Colorado is required to deliver enough water downstream to satisfy New Mexico and Texas. If the aquifer falls too low, it will endanger the river’s supplies and push Colorado out of compliance. Such a situation could trigger lawsuits and cost the state tens of millions of dollars in legal fees.

Subdistrict 1 has set state-approved goals to comply with the compact. Within seven years, it must find a way to restore hundreds of thousands of acre-feet of water to the aquifer, a difficult task.

Rio Grande River, CO | Photo By Sinjin Eberle

An acre-foot equals nearly 326,000 gallons of water, or enough to cover an acre of land with water a foot deep.

The specter of an interstate water fight is creating enormous pressure to reorganize the valley’s farming communities in a way that will allow them to use less water, grow fewer potatoes, and still have a healthy economy.

For more than a decade, valley water users have been working to reduce water use and stabilize the aquifer. Many have already started experimenting with ways to grow potatoes with less water by improving soil health, and to find new crops, such as quinoa, that may also prove to be profitable.

They have taxed themselves and raised pumping fees, using that revenue to purchase and then retire hundreds of wells. In fact, the district is pumping 30% less water now than it was 10 years ago, according to Simpson.

But the pumping plans, considered innovative by water experts, haven’t been enough to stop the decline in aquifer levels. The Rio Grande Basin is consistently one of the driest in the state, generating too little water to make up for drought conditions and restore the aquifer after decades of over pumping.

With the new fees, the region will likely have some of the highest agricultural water costs in the state, said Craig Cotten, who oversees the Rio Grande River Basin for Colorado’s Division of Water Resources.

Perhaps not as high as water in the Colorado-Big Thompson Project on the northern Front Range, where cities and developers and some growers pay thousands of dollars to buy an acre-foot of water.

Still it is much higher than San Luis Valley growers and others have paid historically. Fees at one time were just $75 an acre-foot, eventually reaching $150 an acre-foot. The prospect of the fee skyrocketing to $500 is shocking.

“That is high,” said Brett Bovee, president of WestWater Research, a consulting firm specializing in water economics and valuations. Typically such fees across the state have been in the $50 to $100 range, he said.

But Bovee said the water district is taking constructive action while giving growers opportunities to find their own solutions to the water shortage. “It’s putting the decision-making power into the hands of growers and landowners, rather than saying ‘everybody take one-third of your land out of production.’”

Third hay cutting 2021 in Subdistrict 1 area of San Luis Valley. Photo credit: Chris Lopez

Subdistrict 1 is the oldest and largest of a group of irrigation districts in the valley, according to Cotten. Its $500 fee has triggered a lawsuit by some growers, who believe the district is applying the new fees unfairly.

“The responsibility for achieving a sustainable water supply is to be borne proportionately based on (growers’) past, present and future usage,” Brad Grasmick, a water attorney representing San Luis Valley growers in the Sustainable Water Augmentation Group and the Northeast Water Users Association, said, referring to state water laws. “But we believe the responsibility is being disproportionately applied to our wells.”

Those growers are now trying to create their own irrigation district and they are suing to stop the new fee.

“I think that more land retirement and more reduction in well pumping is needed and that is what my group is trying to do,” Grasmick said. “No one wants to see the aquifer diminish and continue to shrink. If everybody can do their part to cut back and make that happen, that is the way forward. My guys just want to see the proportionality adhered to.”

To date, tens of millions of dollars have been raised and spent to retire wells in the San Luis Valley, with Subdistrict 1 raising $70 million in the last decade, according to Simpson. And in 2022 state lawmakers approved another $30 million to retire more wells.

But it’s not enough. With each dry year, the water levels in the aquifer continue to drop.

Republican River Basin by District

Similar issues loom for Eastern Plains irrigators

The San Luis Valley is not the only region faced with finding ways to reduce agricultural water use or face interstate compact fights. Colorado lawmakers have also approved $30 million to help growers in the Republican River Basin on the Eastern Plains reduce water use to comply with the Republican River Compact of 1943, which includes Kansas, Nebraska and Colorado.

Lawmakers are closely monitoring these efforts to reduce water use while protecting growers.

Sen. Byron Pelton, a Republican from Sterling, said the combined money that is going to the Rio Grande and Republican basins is critical. But the potential for legal battles, he said, is concerning.

“Agriculture is key in our communities,” Pelton said. “But the biggest thing is that we have to stay within our compacts. Sometimes you’re backed into a corner and that is just the way it has to be. I hate it, but we have to stay in compliance.”

How much irrigated land will be lost as wells are retired isn’t clear yet. Simpson said growers who have access to surface supplies in the Rio Grande will still be able to irrigate even without as many wells or as much water, but the land will likely produce less and farms may become less profitable.

And it will take more than sky-high pumping fees to solve the problem, officials said. The Division of Water Resources has also created another water-saving rule in Subdistrict 1 that will force growers to replace one-for-one the water they take out of the aquifer, instead of allowing them to simply pay more to pump more.

Cotten said the hope is that the higher fees combined with the new one-for-one rule will reduce pumping enough to save the aquifer and the ag economy.

Valley growers are already shifting production and changing crops, said James Ehrlich, executive director of the Colorado Potato Administrative Committee in Monte Vista, an agency involved in overseeing and marketing the region’s potato crops.

Still the new fees could jeopardize the entire potato economy, Ehrlich said.

“There are a lot of creative things going on down here,” Ehrlich said. “But we have to farm less and learn to survive as a community together. And Mother Nature has not helped us out. We’ve stabilized but we can’t gain back what (state and local water officials) want us to gain back. It is just not going to happen.”

More by Jerd SmithJerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at jerd@wateredco.org or @jerd_smith.

San Luis Valley Groundwater

#ColoradoSprings agrees to give up water rights for Summit County reservoirs — @AspenJournalism #BlueRiver #SouthPlatteRiver

Montgomery Reservoir, a source of water for Colorado Springs Utilities, can hold about 5,700 acre-feet of water. As the result of an agreement with West Slope opposers, Colorado Springs will be allowed to enlarge the reservoir to hold an additional 8,100 acre-feet without West Slope opposition. CREDIT: COLORADO SPRINGS UTILITIES

Click the link to read the article on the Aspen Journalism website (Heather Sackett):

February 6, 2024

Colorado Springs has agreed to give up water rights tied to reservoirs in the Blue River basin in exchange for the ability to expand Montgomery Reservoir on the east side of the Continental Divide without opposition from Western Slope entities.

Colorado Springs Utilities had been fighting in water court since 2015 to hang on to conditional water rights originally decreed in 1952 and tied to three proposed reservoirs: Lower Blue Reservoir, on Monte Cristo Creek; Spruce Lake Reservoir, on Spruce Creek; and Mayflower Reservoir, which would also have been built on Spruce Creek. Lower Blue Reservoir was decreed for a 50-foot-tall dam and 1,006 acre-feet of water; Spruce Lake Reservoir was decreed for an 80- to 90-foot-tall dam and 1,542 acre-feet; and Mayflower Reservoir, was decreed for a 75- to 85-foot-tall dam and 618 acre-feet.

After negotiations with eight opposers, including the Colorado River Water Conservation District, Summit County and the town of Breckenridge, the parties are set to approve an agreement that would cancel the conditional water rights for Spruce Lake and Mayflower reservoirs. A third potential reservoir, Lower Blue, would keep its 70-year-old rights, but Colorado Springs would transfer the majority of the water stored to Breckenridge and Summit County, and would share the costs of building that reservoir, which would be owned and operated by Breckenridge and Summit County.

In exchange, the Western Slope parties will not oppose Colorado Springs’ plan to enlarge Montgomery Reservoir to hold an additional 8,100 acre-feet of water for a total capacity of about 13,800 acre-feet. That project is expected to enter the permitting phase in 2025. After the permitting and construction of the Montgomery Reservoir expansion, the conditional water rights for Spruce Lake and Mayflower reservoirs would be officially abandoned and the water rights for Lower Blue Reservoir transferred to Summit County and Breckenridge.

“These conditional rights we’re relinquishing in the agreement are for future reservoirs that would be difficult to permit and build for us,” Jennifer Jordan, senior public affairs specialist at Colorado Springs Utilities (CSU), said in an interview with Aspen Journalism. “And we can gain in average years that same yield and perhaps a little bit more by getting the Montgomery Dam enlargement completed.”

A 2015 evaluation of the conditional water rights and proposed reservoirs by Wilson Water Group found several potential environmental and permitting stumbling blocks, including the presence of endangered species and challenging high-Alpine road construction.

CSU also agreed to a volumetric limit of the amount it will be allowed to take through the Hoosier Tunnel after the Montgomery Reservoir expansion: 13,000 acre-feet per year over a 15-year rolling average. CSU currently takes about 8,500 acre-feet per year through the tunnel.

Montgomery Reservoir is part of CSU’s Continental Hoosier System, which takes water from the headwaters of the Blue River between Breckenridge and Alma to Colorado Springs via the Hoosier Tunnel, Montgomery Reservoir and Blue River Pipeline. It is the city’s oldest transmountain diversion project.

Each year, transmountain diversions take about 500,000 acre-feet from the Colorado River basin to the Front Range. Colorado Springs is a large water user that draws from this vast network of tunnels and conveyance systems that move water from the mountainous headwaters on the west side of the Continental Divide to the east side, where the state’s biggest cities are located. Colorado Springs’ largest source of Western Slope water is its Twin Lakes system, which draws from the headwaters of the Roaring Fork River above Aspen.

Proposed reservoirs on the Blue River

Map: Laurine Lassalle – Aspen Journalism Source: Colorado Springs Utilities Created with Datawrapper

CSU to support Shoshone

The Glenwood Springs-based River District was created in 1937 to combat these types of diversions and keep water on the Western Slope. It was one of the entities that opposed CSU’s conditional water rights in its nearly nine-year water court battle, which kicked off when the water provider filed a diligence application. That is the process in which a conditional water-right holder must demonstrate to the water court that it can and will eventually develop the water right, and that in the previous six years, it has done its diligence in seeing a project through.

On Jan. 16, the River District board approved the settlement agreement, which includes a commitment from Colorado Springs that the utility will support the River District’s efforts at securing the Shoshone water right.

The River District is working to purchase water rights from Xcel Energy associated with the Shoshone hydropower plant in Glenwood Canyon. The water rights date to 1902 and are nonconsumptive, meaning the water would stay in the river and flow downstream to the benefit of the environment, endangered fish and other water users on the Western Slope. The Colorado Water Conservation Board approved $20 million toward the $98.5 million purchase last week.

Map of the Blue River drainage basin in Colorado, USA. Made using USGS data. By Shannon1 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69327693

“The settlement provides additional local water supplies to the Blue River Valley and a commitment of support from Colorado Springs Utilities for the Shoshone Water Right Preservation effort, which provides substantial benefits to the health of the entire Colorado River, including important water security, economic and environmental benefits to the West Slope,” River District General Manager Andy Mueller said in a prepared statement. “In addition, the West Slope will benefit from clearly specified limits on the total amount of water Colorado Springs can divert through its Continental-Hoosier transmountain diversion tunnel.”

The agreement was also good news for Breckenridge, which will split the 600 acre-feet of water from Colorado Springs in a future Lower Blue Reservoir equally with Summit County. The reservoir was originally decreed for 1,006 acre-feet, but the agreement now limits the reservoir capacity to 600 acre-feet. Colorado Springs will retain the remaining amount, about 400 acre-feet, which can be stored in Montgomery Reservoir.

Breckenridge Mayor Pro Tem Kelly Owens said Breckenridge will be able to use the stored water in late summer, when flows in the Blue River are at their lowest.

“The way we see it is that we’ve now protected those waters, the snowmelt, and keeping it in the Blue River basin,” Owens said.

According to the agreement, Colorado Springs would pay 50% of the construction costs of a future Lower Blue Reservoir, and Breckenridge and Summit County would each pay 25%.

Colorado Springs City Council is expected to approve the agreement at its Feb. 13 meeting.

This story ran in the Feb. 5 edition of the Summit Daily.

#RioGrande flow at Otowi in decline, fancy graph edition — John Fleck (InkStain.net)

Changing Rio Grande flow at Otowi over time. Credit: John Fleck/InkStain

Click the link to read the article on the InkStain website (John Fleck):

February 2, 2024

I’ve been updating the crufty old code I use to generate graphs to help me (and colleagues) think about river flows.

This one’s a little busy, so maybe for specific nerd colleagues’ use, and not general consumption?

It’s based on a request from a friend who uses these, and asked for a visualization of the wet 1981-2000 period compared to the drier 21st century. This is an important comparison given that a whole bunch of New Mexicans (including me!) moved here in the wet 1980s and ’90s, which created a sense of what’s “normal.”

It’s important to note that this is not a measure of climate, at least not directly. This is a measure of how much actual water flows past the Otowi gage, which is a product of:

  • climate-driven hydrology adding water
  • trans-basin diversions adding water (“trans basin diversion” singular, I guess, the San-Juan Chama Project)
  • upstream water use subtracting water
  • reservoir management decisions moving water around in time (sometimes reducing the flow by storing, sometimes increasing it by releasing)

I get so much out of staring at these graphs. A few bits from this one, which I did a few evenings ago curled up with my laptop in my comfy chair:

  • Look at the curves around Nov. 1 – a drop as irrigation season ends, following by a rise as managers move compact compliance water down the river to Elephant Butte. Makes me curious about what they were doing back in the ’80s and ’90s in November.
  • This year’s winter base flow is low.

At some point soon I’ll get the updated code onto Github, but it’s not quite ready for sharing. (I’m rewriting it in Python, because learning is fun!)

Nearly finalized New #BlueRiver agreement to provide more water for #ColoradoSprings — The Colorado Springs Gazette

A view of Montgomery Reservoir in Park County, Colorado. The mountain behind the reservoir is North Star Mountain. By Jeffrey Beall – Own work, CC BY 4.0, https://commons.wikimedia.org/w/index.php?curid=92368569

Click the link to read the article on The Colorado Springs Gazette website (Breanna Jent). Here’s an excerpt:

February 4, 2024

If approved by all seven subject parties, the agreement will settle about nine years of debate and allow Colorado Springs Utilities to expand its Montgomery Reservoir in Park County, between Alma and Hoosier Pass, to increase Colorado Springs’ water supply, officials with the city-owned utility told its board of directors in mid-January.

“The agreement gives more certainty in our Blue River water supply. For the general customer, it brings more reliability for how we go forward and what our future looks like” as Colorado Springs continues to grow, said Abby Ortega, Colorado Springs Utilities’ general manager of infrastructure resources and planning…

The deal too will advance plans to build a new water reservoir at the southern base of Quandary Peak for use by Summit County and the town of Breckenridge. All six Western Slope entities have approved the agreement — Breckenridge, Summit County, the Colorado River Water Conservation District, the Ute Water Conservancy District, the Orchard Mesa Irrigation District and the Grand Valley Water Users Association. The Colorado Springs City Council, which acts as the Utilities Board of Directors, will vote on the proposal Feb. 13.

Colorado Springs Collection System via Colorado College.

2024 #COleg: Bill limiting nonfunctional turf planting clears #Colorado Senate — Allen Best (@BigPivots) #ActOnClimate #conservation #cwcac2024

A bill moving through the Colorado General Assembly would require local jurisdictions to amend their landscaping codes to eliminate use of thirsty species of grasses from alongside roads such as this streetscape in Arvada. CREDIT: ALLEN BEST/BIG PIVOTS

Click the link to read the article on the Big Pivots website (Allen Best):

January 30, 2024

Minor pushback to proposed limits on new water-thirsty grasses in areas that get little or no foot traffic

This story was produced as a collaboration between Big Pivots and Aspen Journalism — two nonprofit news organizations covering Colorado’s water. It follows a five-part series that examined the intersection of water and urban landscapes in Colorado.

Colorado legislators in 2022 passed a bill that delivered $2 million to programs across the state for removal of turf in urban areas classified as nonfunctional. By that, legislators mean Kentucky bluegrass and other thirsty-grass species that were meant to be seen but rarely, if ever, otherwise used.

Now, they are taking the next step. The Colorado Senate on Tuesday voted in favor of a bill, Senate Bill 24-005, that would prevent thirsty turf species from being planted in certain places that rarely, if ever, get foot traffic, except perhaps to be mowed.

Those places include alongside roads and streets or in medians, as well as in the expansive areas surrounding offices or other commercial buildings, in front of government buildings, and in entryways and common areas managed by homeowners associations. 

The bill also bars use of plastic turf in lieu of organic vegetation for landscaping.

“If we don’t have to start watering that turf in the first place, we never have to replace it in the future,” state Sen. Dylan Roberts, D-Frisco, a co-sponsor, said in making the case for the proposed new state standard.

Roberts stressed that the prohibition would not apply to individual homes or retroactively to established turf. “It applies to new development or redevelopment. It does not apply to residential homes,” he said. “This is about industrial, commercial and government property across the state.”

Kentucky bluegrass and other grass species imported from wetter climatic zones typically use far more water than buffalo grass and other species indigenous to Colorado’s more arid climate. The bill, however, does allow hybrids that use less water as well as the indigenous grass species.

Originally reviewed by an interim legislative committee in October, the bill was subsequently modified to provide greater clarity about what constitutes functional versus nonfunctional turf, while giving towns, cities and counties greater flexibility in deciding which is which within their jurisdictions. If the bill becomes law, local jurisdictions will have until Jan. 1, 2026, to incorporate the new statewide standard into their landscaping code and development review processes.

After being approved on a third reading by the Senate by a 28-5 vote on Wednesday morning, the measure now moves to the House.

Advocates do not argue that limits on expansion of what the bill calls nonfunctional turf will solve Colorado’s water problems. Municipalities use only 7% of the state’s water, and outdoor use constitutes roughly half of municipal use. 

“One more tool in the toolbox,” Roberts said.

State Sen. Cleave Simpson, R-Alamosa, said if the standard had been adopted 20 to 30 years ago, perhaps 10,000 acre-feet of water could have been saved annually. 

“As a percentage, it is minimal,” he conceded. “It’s closing the gaps in small increments as best you can as opposed to large sweeping change.”

The backdrop for this is more frequent drought and rising temperatures since 2002, what Simpson called the aridification of the West. The climatic shift is forcing harder choices.

“We are all trying to figure out how to live and work in this space,” Simpson said.

In a Senate Agriculture and Natural Resources Committee meeting Jan. 25, Simpson also said he was motivated to help prevent water grabs by Front Range cities from the San Luis Valley, what locals sometimes call Colorado’s south slope. Three separate attempts have been made in the past 35 years to divert water from the San Luis Valley, a place already being forced to trim irrigated agriculture to meet requirements of the Rio Grande Compact.

“That’s largely my motivation to be part of this conversation and do everything I can to reduce that pressure on my rural constituents and our way of life,” Simpson said in the committee hearing. The bill passed the committee on a 4-1 vote.

Developing water for growing cities — particularly along the Front Range but even in headwaters communities — has become problematic as the climate has veered hotter and, in most years of the 21st century, drier.

The result, as was detailed in a five-part collaboration in 2023 between Big Pivots and Aspen Journalism, has been a growing consensus about the need to be more strategic and sparing about use of water in urban landscapes.

Agriculture uses nearly 90% of the state’s water, as was noted by state Sen. Chris Hansen, D-Denver. At Tuesday’s Senate hearing, he chided Roberts, Simpson and other legislative sponsors for not addressing efficiency in agriculture.

Hansen, who grew up in a farm town in Kansas near the Colorado border, applauded the bill but questioned why the interim committee hadn’t come up with legislation to improve efficiency of agricultural water use. He cited the use-it-or-lose-it provision of Colorado water law that he suggested discouraged farmers and ranchers from innovating to conserve water.

“I feel the interim water committee let us down by not bringing forth anything that advances conservation on what is by far the largest category of use, almost 90%,” he said. “I want to know what is next on that front.” 

The San Luis Valley is one of several areas of Colorado where irrigated agriculture must be curbed in order to meet interstate river compacts. Top: Grassy areas along a street in Arvada. Photos/Allen Best

Hansen got strong pushback. Simpson responded that agriculture in the San Luis Valley has already been forced to change. To comply with the Rio Grande Compact, his district is trying to figure out how to take 10,000 to 20,000 acres out of agricultural production. On his own farm, he said, water deliveries that traditionally lasted until mid-July have ended as early as May 20. “I have to figure out a way to grow crops that are less water-consumptive, more efficient and ultimately take irrigated acreage out of production,” Simpson said.

State Sen. Byron Pelton, R-Sterling, also took the occasion to cite incremental gains in irrigation efficiency and the loss of production in the Republican River basin. There, roughly 25,000 acres need to be taken out of production for Colorado to meet interstate compact requirements.

As had been the case several days before at the bill’s legislative committee hearing, most of the limited opposition in the Senate was against the notion that cutting water used for landscaping is a statewide concern. It’s a familiar argument — a preference for local control — used in many contexts.

A representative of the Colorado Municipal League (CML), a consortium of 270 towns and cities, told the Senate committee that the proposal constituted state overreach in a one-size-fits-all approach. 

Heather Stauffer, CML’s legislative advocacy manager, cited the regulations of Aurora, Greeley and Aspen as examples of approaches created to meet specific and local needs. “We would advocate that the state put more money into funds that address turf removal programs that have been very successful among municipalities across the state,” Stauffer said. 

In 2023, Boulder-based Resource Central completed 604 lawn-replacement projects along the Front Range. With aid of state funding, it plans to expand its turf-removal and popular Garden In A Box programs to the Western Slope this year.

No representatives from any towns or cities showed up to oppose the bill. But representatives of three local jurisdictions, including Vail-based Eagle River Water and Sanitation District and the water provider for unincorporated Pueblo West, testified that the bill filled a need.

Denver is behind the bill. Denver Water, which provides water to 1.6 million people, including the city’s 720,000 residents as well as many suburban jurisdictions, has committed to reducing the water devoted to urban turf in coming years by 30%, or roughly the turf covering 6,000 acres. Utility representatives have said they don’t want to become frugal with water devoted to existing landscapes only to see water used lavishly in new development.

Andrew Hill, government affairs manager for Denver Water, called the bill a “moderate approach” in creating a new waterwise landscaping standard, one in which imported grasses are not the default.

“It makes real changes statewide, but it’s narrow enough to only apply to areas [where] I think a consensus exists,” Hill said at the committee hearing.

Sod last autumn was removed from this library in Lafayette. Many local jurisdictions in Colorado have participated in sod-removal programs. Photo/Allen Best

Local governments can go further, and many have already. Thirty-eight local governments and water providers in Colorado offer turf-replacement programs. Western Resource Advocates found last fall that 17 of the jurisdictions already limit new turf while another nine plan to do so.

Aurora and Castle Rock, late-blooming municipalities in the metropolitan area, have adopted among the most muscular regulations in Colorado, taking aim at water devoted to new homes’ front yards. Both expect to continue growing in population, and together they plan to pursue importations of water currently used for farming along the South Platte River in northeastern Colorado. Aurora also still owns water rights in the Eagle River basin that it has been trying to develop for the past 40 years.

In the full Senate debate, Republican leaders argued for incentives, such as the expanded buy-back program for turf removal, instead of a statewide thou-shalt-not approach. 

The Colorado River Drought Task Force recommended legislators allocate $5 million annually for turf-removal programs. Key legislators have already indicated they plan to introduce legislation to do just that.

But is this the answer? Such programs are “inefficient and not cost-effective” if water-thirsty grass species continue to be planted in questionable places, the policy manager for municipal conservation at Western Resource Advocates said in the committee hearing last week.

The policy manager, Lindsay Rogers, said passing the bill would build the momentum to “help ensure that Coloradans live within our water means and particularly in the context of a growing state and worsening drought conditions.” 

The Associated Landscape Contractors of Colorado, which represents 400 Colorado landscape and supplier companies, testified in support of the bill but hinted at future discussions as the bill goes through legislative sausage-making. Along with sod growers, they quibble over the dichotomous phrasing of nonfunctional versus functional turf. They prefer the words recreational and utility.

On the flip side of these changes, some home gardeners might find buffalo grass and other indigenous grasses more conserving of water but less appealing. Buffalo grass, for example, greens up a month or so later in spring and browns up a month earlier in fall.

Water in urban landscapes is also on the agenda for three programs this week at the annual meeting of the Colorado Water Congress, the state’s preeminent organization for water providers. Included may be a report from a task force appointed by Gov. Jared Polis last February that met repeatedly through 2023 to talk about ways to reduce expansion of water to urban landscapes. 

For more from Big Pivots and Aspen Journalism, visit their websites at https://bigpivots.com and at https://aspenjournalism.org.

Ask the Expert: A Q&A on Agricultural Wetlands and Water Quality with Dr. Joseph Prenger — USDA

Click the link to read the interview on the USDA website (Elizabeth Creech):

Dr. Joseph (Joe) Prenger is the Wetlands Lead for the Conservation Effects Assessment Project (CEAP), an effort led by USDA’s Natural Resources Conservation Service (NRCS) to quantify the effects of voluntary conservation across the nation’s working lands. In this Ask the Expert, Dr. Prenger answers questions about new CEAP findings on the capacity of wetlands to capture and store nutrients from cropland fields, associated water quality benefits, and NRCS resources to support wetlands on private and Tribal lands.

Dr. Joseph (Joe) Prenger is the Wetlands Lead for USDA’s Conservation Effects Assessment Project, CEAP. Photo Credit: Dr. Prenger

Let’s start with the basics: What are wetlands, and how do they improve local water quality?

Wetlands occur where water covers or is present near the soil’s surface, either seasonally or year-round. Wetlands in agricultural settings may capture and store sediment and nutrients from the surrounding environment, reduce flooding, contribute to climate change mitigation by serving as a carbon sink, increase biodiversity, and provide wildlife habitat.

This nutrient capture and storage component is key for local water quality. We know nutrients, namely nitrogen and phosphorus, support healthy, productive crops. When nutrients are lost from cropland fields and enter local waterbodies, however, they may contribute to harmful algal blooms and hypoxic or low oxygen zones, and compromise water quality.

recent CEAP report highlighted an increase in both nitrogen and phosphorus lost from cropland fields over a ten-year period. Based on these findings, NRCS is focusing on efforts to help farmers and other land managers save money and protect water quality with SMART Nutrient Management.

Supporting farmers in making targeted, site-specific decisions to effectively manage nutrients is critical. It’s very difficult to achieve 100% crop uptake and 0% nutrient loss, though, even with strong planning. We need SMART Nutrient Management to reduce the amount of nutrients lost from cropland fields, plus a way to capture and store those nutrients that are lost before they reach local waterbodies. Wetlands in agricultural landscapes have the potential to serve this second function, particularly when restored or constructed with this goal in mind.

You recently published findings on increasing the water quality benefits of agricultural wetlands. What are the key takeaways for farmers?

We published a new Conservation Insight on this topic in January 2023. Findings pull from a literature review of studies reporting field measurements for prairie-pothole wetlands found throughout parts of Iowa, Minnesota, Montana, North Dakota, and South Dakota. In short:

  • Nitrogen retention by these wetlands ranged from 15% to 100%, and phosphorus retention ranged from 0% to 100%.
  • These are large ranges. An individual wetland’s effectiveness in capturing and storing nutrients depended largely on upland management practices.
  • Accumulation of sediment from agricultural fields, for instance, may eventually lead to infilling of wetlands and associated reductions in water storage capacity. A buffer between cultivated cropland and the adjacent wetland – such as a grass filter strip – may reduce this sedimentation and deliver significant improvements to water storage and nutrient capture.

Here is the bottom line for farmers: When strategically integrated in operation-wide conservation planning, wetlands can offer a suite of benefits. The key is to plan them as part of an overall strategy that carefully manages the contributing areas to reduce contaminant loading and preserve wetland functions. Wetlands can significantly reduce nutrient loss to waterways, supporting water quality goals both locally and in terminal waterbodies like the Great Lakes or Gulf of Mexico. In addition, wetlands can help reduce flooding and recharge groundwater supplies, serve as a carbon sink, increase biodiversity, and provide wildlife habitat.

Wetlands, like these in the Prairie-Pothole Region of North Dakota, may capture and store nutrient runoff from cropland fields. Photo Credit: U.S. Fish and Wildlife Service

Does USDA support farmers and other land managers in wetlands conservation efforts?

Absolutely, yes. Through NRCS, USDA offers financial assistance and one-on-one technical support for farmers and other land managers interested in wetlands conservation. Specifically:

  • The Wetland Reserve Easements (WRE) component of the Agricultural Conservation Easement Program (ACEP) is available to help private and Tribal landowners protect, restore, and enhance wetlands that have been previously degraded due to agricultural uses.
  • NRCS supports land managers in implementing voluntary practices to conserve natural resources and strengthen working lands. This includes practices – such as filter strips – that capture nutrients and sediments prior to entering streams and wetlands, thus improving the potential for wetlands to store water and recycle nutrients over the long term. Filter strips are also a climate-smart mitigation activity, with the potential to increase soil carbon and sequester carbon in perennial biomass while improving water quality.

I encourage anyone interested in wetlands conservation across their working lands to contact the NRCS office at their local USDA Service Center.

Where can I learn more about CEAP assessments?

Through CEAP, USDA quantifies and reports on trends in conservation practices, and associated outcomes, over time. You may learn more about CEAP assessments by visiting our new webpage – nrcs.usda.gov/ceap. Our Wetlands Assessments webpage provides information on the effects of conservation efforts related to agricultural wetlands, including additional publications.

Dr. Joseph (Joe) Prenger is the CEAP Wetlands Lead for the NRCS Resource Inventory and Assessment Division. He can be reached at joseph.prenger@usda.gov.

Dam break in Connecticut spotlights growing threat — @AmericanRivers #ActOnClimate

A partial dam break on Connecticut’s Yantic River is threatening a downstream community with potentially life-threatening flooding January 2024. Photo credit: American Rivers

Click the link to read the article on the American Rivers website (Amy Souers Kober and Andrew Fisk):

January 10, 2024

Unsafe dams are “ticking time bombs” putting communities at risk 

A partial dam break on Connecticut’s Yantic River is threatening a downstream community with potentially life-threatening flooding. Authorities have issued a flash flood warning and are evacuating the area. The dam is rated as a high hazard potential by the state’s dam safety office. 

The incident is an example of the growing threat of dam failures to communities nationwide, as infrastructure is aging and climate change is fueling more severe flooding. 

Andrew Fisk, Northeast Regional Director for American Rivers, made the following statement: 

“Dam failures can be disastrous and put lives at risk. This is a wake-up call. Increasingly frequent and severe flooding is straining infrastructure in the Northeast and nationwide. In order to protect communities, we must improve the safety and performance of dams.” 

“Tens of thousands of dams across our country are old and obsolete. The American Society of Civil Engineers gives the nation’s dams a D grade in its report card on the nation’s infrastructure. One of the most cost-effective ways to deal with outdated, unsafe dams is to remove them.” 

“We support the efforts of the community and the Connecticut Dam Safety Program to manage this emergency. American Rivers has advocated in past years to strengthen the dam safety program and get them the resources they need to keep Connecticut’s dams safe.” 

“Congress must act to reauthorize the National Dam Safety Program which supports state dam safety agencies. The program’s authorization expired on September 30, leaving thousands of high-risk dams across the country vulnerable to failure. Aging dams are ticking time bombs. We must help communities invest in necessary repairs and, where appropriate, dam removal and river restoration.” 

Connecticut Rivers Shown on the Map: Connecticut River, Farmington River, Housatonic River, Naugatuck River, Quinebaug River, Quinnipiac River, Scantic River, Shepaug River, Shetucket River, Thames River and Willimantic River. Connecticut Lakes Shown on the Map: Bantam Lake, Barkhamsted Reservoir, Boldon Lake, Colebrook River Lake, Easton Reservoir, Gardner Lake, Lake Candlewood, Lake Gaillard, Lake Waramaug, Mansfield Hollow Lake, Moodus Reservoir, Napaug Reservoir, Pachaug Pond, Quaddick Reservoir and Saugatuk Reservoir. Credit: Geology.com

A freight train of thoughts about the #ColoradoRiver: Becky Mitchell, Colorado’s chief negotiator on the Colorado River, demands the lower-basin states take meaningful action on correcting the ‘structural deficit’ — Allen Best (@BigPivots) #cwcac2024 #COriver #aridification

Becky Mitchell. Photo credit: Allen Best/Big Pivots

Click the link to read the article on the Big Pivots website (Allen Best):

February 2, 2024

Becky Mitchell speaks crisply and with a bass-drum firmness. Her speeches are like freight trains, orderly processions full of weight, one thought pounding after another.

Her full-time job since July 2023, as Colorado’s lead negotiator in Colorado River matters, gives her weighty material that matches her rhetorical style. Before that, she informally held the same role as the director of the Colorado Water Conservation Board.

The Colorado River has been riven with rising drama in the last 20 years. The seven basin states – but particularly Arizona and California – have reluctantly, slowly conceded reforms necessary to the occasion. The federal government, the referee for the river and operator of the two giant dams, Hoover and Glen Canyon, was slow to force the hard decisions.

“It is time for a fundamental change in how we manage the Colorado River,” she told members of the Colorado Water Congress at the group’s annual conference on Jan. 30. “It’s time to adapt to the river that we have, not the river we dream of.”

“We have some difficult roads ahead of us as we work to find a sustainable solution for the basin,” she said in wrapping up her 15-minute speech. “What we must do would’ve been easier 10 years ago. It would’ve been easier 5 years ago. Tomorrow will be difficult, but we must have the courage to try.”

Following is a lightly abridged version of the speech:

Change is coming. I can’t emphasize enough how much the post-2026 negotiations matter whether you are in the upper basin, lower basin, Mexico, or a member of one of the 30 tribal nations. We all deserve a future with certainty and security in our water supply without that being jeopardized by constant crisis management. We also all deserve a future where we can live within the means of the river and without the risk of overuse or misuse driving us into crisis.

The Yampa River carried a robust runoff flow from winter snows through Steamboat Springs in May 2023, helping pull back the two giant reservoirs of the Colorado River from the brink of disaster. Top, Becky Mitchell addresses the Colorado River Water Users Association in December 2021. Photos/Allen Best

For the past two decades, the upper basin has been caught between the impacts of climate change and lower-basin overuse. I acknowledge that the lower basin does not like the term overuse. My intent is not to offend, but rather to be clear and honest about uses that exceed what the compact and hydrology can allow whatever it is called. We cannot and will not agree to guidelines that perpetuate management of our water resources that do not acknowledge what Mother Nature is providing. The basin cannot continue to use water at a rate that is unsustainable. Those who are fearful of change or who benefit from status quo will find fault in the plain facts that I share with you here today. You will find fault in the tone with which I share them.

The good news is that change is coming. The upper division states have said for years, decades now, the lower basin needs to take responsibility for the role in emptying the reservoirs. But let me be clear why this change is needed. Dry hydrology and overuse have drained the reservoirs. Future guidelines must recognize the reality of the Colorado River Basin hydrology.

Our lower basin neighbors have recently recognized that they must address the overuse. The next step for them is to explain how will they make this commitment a reality. We look forward to seeing those details.

We will continue to do everything we can to get to a seven state solution that protects Colorado and the upper basin, but we also need to be prepared for other scenarios. The upper division states have presented a concept to the lower basin states that outlines mechanisms for living within the means of the river while rebuilding and maintaining Powell and Mead and operating within the law of the river.

(Our concept) is essentially a water budget that honors the law and Mother Nature. The Colorado River Compact is our foundation. Solutions need to respect the law of the river and recognize the reality of hydrology across the entire basin. Those solutions must also be real and verifiable. Aspirational goals do not provide the clarity that is required to provide predictability across the basin.

We cannot and will not agree to balancing like the ’07 guidelines, a concept that was used to justify sending water downstream. The water should be used to rebuild storage. We’re focused on fair, legal and sustainable outcomes for the entire basin. Out of respect for the sovereignty of those lower basin states and the role of the Secretary of the Interior as the water master in the lower basin states, we have not weighed in on how they should apportion the reductions amongst themselves. That is for the lower basin (states) to work out.

We have heard our downstream neighbors say, if we figure out the structural deficit, will you meet us in the middle on climate change? That’s one heck of a hypothetical. If the lower basin overuse is addressed, we’d be looking at a very different situation than what we see today. In fact, if the lower basin had accounted for evaporation and transit losses through the ’07 guidelines, the reservoirs would likely be healthy now.

We are the ones who’ve been doing the work on climate change. We absolutely have been doing our part. What I’ve heard from across Colorado is we are willing to help. We are willing to be a part of the solution, but we cannot solve a problem alone.

We (already) take involuntary and uncompensated reductions when Mother Nature doesn’t provide water. Users in the upper basin have taken an average of 1.3 million acre-feet in shortages annually over the last several years. We make do with less in our communities, our workforce, our economies, and our food production. The lower basin must recognize and acknowledge the annual shortages that occur in the upper division states and then acknowledge — thank you — that the operation of the reservoirs must absolutely respond to hydrology. In addition, we must also acknowledge that the upper basin has not developed into our 7.5 million acre-foot apportionment and that undeveloped tribal water rights are flowing downstream.

In May 2022, this boat ramp at Lake Powell was useful as a place to sit but had no value for launching boats. Photo/Allen Best

Overuse must end, and the compact must remain our foundation. It will not be easy. As we move into a future that is more responsive to hydrology, I acknowledge that we all must acknowledge there will be hardship and pain, while also acknowledging that this hardship and pain has existed in the upper basin for decades. Because we haven’t been shielded from climate change impacts, the upper basin states are uniquely positioned to assist our downstream neighbors in learning how to live with less.

We are collaborating in unprecedented ways in the upper basin, and this time we’re doing it at a bigger table. I’m very proud that we are working with the upper basin tribal nations in recognition of their historical ownership and their undeveloped federally reserved water rights. This collaboration has made very clear to me that is unacceptable for the upper division states to accept any limitations on future uses when upper basin tribes have limited access to clean water, agricultural production, and economic vitality.

I remember the speech I gave in the summer of 2022. The reservoirs were crashing. The federal government had laid out an ultimatum: Figure out how to conserve 2 to 4 million acre feet or we’ll figure it out for you. The lower basin was unwilling and unable to reach an agreement about cuts to their uses. I remember many long meetings and long hours that my team and I put into discussions with our fellow upper division states. We worked out the five-point plan. This was a turning point for Colorado. The decision was a difficult one for me. It was not fun.

By implementing this plan, we have positioned ourselves as leaders in the basin, the ones willing to come to the table to do our part. Colorado cannot and will not accept status quo. We cannot or will not be bullied into a future that drains the reservoirs for continued unsustainable use.

For example, we pushed the Bureau of Reclamation to modify how the upper basin is represented in Colorado River Basin modeling. Our advocacy means that today the updated models better reflect the reality in the upper basin, a reality that will be represented in the post 2026 tools. Reclamation models now show what shortages look like here.

This team has also worked to make Colorado more resilient. Over the past year, the CWCB has spearheaded a turf removal program to make our municipalities more resilient for future water shortages.

Division of water resources has continued to strictly administer water rights, including painful cuts to water use to respond to Mother Nature.

My fellow commissioners and the upper Colorado River Commissioners revamped the 2024 System Conservation Pilot Program, or SCPP, to allow water users to voluntarily forego their water uses in exchange for compensation, thereby helping to put water in the river to mitigate drought in the upper division states.

California’s Imperial Valley has a year-round growing season and uses Colorado River water for palm trees and almost every crop imaginable . February 2017 photo/Allen Best

The drought task force critically examined the Colorado River issues and not only applauded the good work of the state, but recommended additional resources to augment our existing work.

The river team is also working to transition our guiding principles from paper to practice. You are all familiar with the irrefutable truths. It’s one thing to say these are our principles. It’s another thing to then apply them to the basin-states negotiations. That is a difficult task. I’ve seen some of these principles gain traction throughout the entire Colorado River basin. Federal government has acknowledged the need for managing the reservoirs sustainably. The lower basin has acknowledged the need to address their overuse. The environmental community recognizes that healthy storage at our nation’s two largest reservoirs must be the first step in protecting Colorado’s rive and the, Colorado River’s ecosystems. Gradually, I’m hearing interest from DC to the Imperial Valley, recognizing that the status quo does not work anymore.

It is time for a fundamental change in how we manage the Colorado River. We must all live within the means of the river if we hope to sustain it. I want Lake Powell and Lake Mead to serve the purposes they were designed to serve. To provide for sustainable development of our compact apportionments in the Colorado River Basin and to provide water security in dry years. A sustainable system means we have to rebuild storage in Lake Powell and Lake Mead and protect upstream storage for releases only in the most dire circumstances. This means that the worldview around water must change, particularly in the lower basin. We must manage demand to rebuild the storage that provides certainty of supply. In all years, we all must adapt to the available water supply.

We have an opportunity now to collaboratively determine how to adapt to the river that we have, not the river we dream of. The lower basin states have said many good things that signal that they are open to collaboration.

We believe them when they say they will own the structural deficit, when they say they will live within the means of the river, when they say they will support the tribes and that they support the environment. I take them at their word. We assume that they are serious about these commitments, and we expect open and transparent accounting of all lower basin uses of main stem tributaries so that we can trust but verify their actions. We hope that the lower basin will come around to support the framework for management of Lake Powell and Lake Mead that is sustainable for the 40 million people who rely on the Colorado River.

What we must do would’ve been easier 10 years ago. It would’ve been easier five years ago. Tomorrow will be difficult, but we must have the courage to try.

Colorado River Basin Plumbing. Credit: Lester Doré/Mary Moran via Dustin Mulvaney and Twitter

SCOTUS sets March 20 date to hear #Texas vs #NewMexico oral arguments on #RioGrande — Source NM

The Rio Grande flows near Albuquerque as the sun rises over the Sandia Mountains. (Photo by Diana Cervantes for Source NM)

Click the link to read the article on the Source NM website (Danielle Prokop):

The nation’s highest court will hear federal objections to a deal between Texas and New Mexico in their dispute over Rio Grande water in oral arguments scheduled for a midweek date on March 20.

The U.S. Supreme Court agreed to take up the case last week, as the lawsuit crawls into a decade since its filing.

Justices will evaluate arguments from the federal government taking exception to a compromise planagreed to by Texas, New Mexico and Colorado to settle the case. The three states are parties in the lawsuit and agreed to the compromise in January 2023. [ed. emphasis mine]

The New Mexico Office of the State Engineer said there would be no need to adjust its budget request before the New Mexico State Legislature because of the oral arguments in D.C. State Engineer Mike Hamman said in a written statement that the office is looking forward to the oral argument in March.

“We are confident that the Supreme Court will accept the states’ proposed settlement, which will allow us to move forward towards securing a stable water future for all users in the lower Rio Grande,” said Hamman.

Budget asks

Also on Monday morning, the New Mexico House of Representatives released its state budget proposal for the next fiscal year. In the proposed budget, the House Appropriations and Finance committee extended $2 million given last year to the New Mexico Department of Justice for Rio Grande litigation and notes another $6.4 million on interstate water litigation will carry forward from last year. 

In the Office of the State Engineer, $8.9 million is set aside for litigation and adjudication of water rights within streams around the state and underground basins. 

Separately, the agency will transfer $2.5 million to the litigation and adjudication programs of the state engineer. While not all adjudication and litigation is specific to the supreme court’s Rio Grande case, that in all, totals to nearly $20 million between both agencies. 

How we got here

Formally called Original No. 141 Texas v. New Mexico and Colorado, the case has cost taxpayers tens of millions of dollars.

The 2014 filing by the state of Texas centers on allegations that New Mexico groundwater pumping downstream of Elephant Butte Reservoir took Rio Grande water  allocated to Texas.

Texas said New Mexico’s pumping violated the 1938 Rio Grande Compact, a legal agreement between Colorado, New Mexico and Texas to split the river’s water.

While 80% of the river’s water is used for agriculture, it’s a major source of drinking water for cities such as El Paso and Albuquerque, and for wildlife. Las Cruces sits below Elephant Butte Reservoir and receives all its drinking water from groundwater.

In 2018, the U.S. Supreme Court allowed the federal government to intervene in the case. Attorneys for federal agencies said New Mexico groundwater pumping threatened federal abilities to deliver water to tribes, regional irrigation districts and Mexico under a federal treaty.

The case pressed on to trial in 2021 and was split into two parts. A six-week virtual portion of the trialwas held in the fall, and a second in-person technical portion was pushed back after months of negotiations by parties took up much of 2022.

Just before the trial was set to resume, the three states announced an agreement which would resolve issues between Texas and New Mexico. It includes measuring water deliveries at the state line, new conditions for over- and under-deliveries of Rio Grande water and incorporating drought baselines and groundwater pumping into the formulas for how much water is available.  

Attorneys for the federal government objected, arguing that the agreement was made without their consent.

U.S. 8th Circuit Judge Michael Melloy recommended last year that the Supreme Court accept the deal over objections from the federal government, calling it “fair and reasonable” in his 123-page report. He said disputes over federal operations in Southern New Mexico could be resolved in other courts.

In December, the federal government submitted a filing objecting to Melloy’s recommendation. In the filing, attorneys said the settlement “imposes obligations on the United States without its consent.” Attorneys further argued that the deal should be thrown out because it is “contrary to the Compact”.

 It’s expected that only attorneys for the states and the federal government will have time to speak during oral arguments before the Supreme Court in March. If that happens, groups unable to present arguments would include farming associations, irrigation districts, the city of Las Cruces and New Mexico State University, which appear as amici curae or “friends of the court.”

Opinions from the Supreme Court are typically issued by late June, occasionally early July, during their session.

Map of the Rio Grande watershed. Graphic credit: WikiMedia

A Future With Certainty: #ColoradoRiver Commissioner Rebecca Mitchell Speaks on Tough Road Ahead for Post-2026 Negotiations — #Colorado Department of Natural Resources #cwcac2024 #COriver #aridification

“New plot using the nClimGrid data, which is a better source than PRISM for long-term trends. Of course, the combined reservoir contents increase from last year, but the increase is less than 2011 and looks puny compared to the ‘hole’ in the reservoirs. The blue Loess lines subtly change. Last year those lines ended pointing downwards. This year they end flat-ish. 2023 temps were still above the 20th century average, although close. Another interesting aspect is that the 20C Mean and 21C Mean lines on the individual plots really don’t change much. Finally, the 2023 Natural Flows are almost exactly equal to 2019. (17.678 maf vs 17.672 maf). For all the hoopla about how this was record-setting year, the fact is that this year was significantly less than 2011 (20.159 maf) and no different than 2019” — Brad Udall

From email from the Colorado Department of Natural Resources (Michael Elizabeth Sakas):

February 1, 2024

Rebecca Mitchell, Colorado’s Upper Colorado River Commissioner, spoke to a sold-out crowd at the Colorado Water Congress’s Annual Convention in Aurora, CO this week. She shared an update on the state’s negotiation positioning, and the reality of difficult roads ahead, as the states and Tribal Nations work to find sustainable solutions for 40 million people who rely on the Colorado River in the arid southwest.

“Change is coming to the Colorado River and because it is, I can’t emphasize enough how much the Post-2026 negotiations matter,” Commissioner Mitchell said in her speech. “Whether you are in the Upper Basin, Lower Basin, Mexico, or a member of one of the 30 Tribal Nations, we all deserve a future with certainty and security in our water supply, without that being jeopardized by constant crisis management.”

The current guidelines, called the ‘07 Guidelines, manage Lake Powell and Lake Mead. These expire in 2026, and the states that share the river are in the process of negotiating new guidelines for how Lake Powell and Lake Mead will operate post-2026. Powell and Mead hit their lowest levels on record in recent years, partly because states in the Lower Basin continue to use more water than what flows into these reservoirs. Commissioner Mitchell said that the ‘07 Guidelines cannot simply be extended.

“I want to recognize that the Lower Basin does not like the term overuse. My intent is not to offend, but rather to be clear and honest about uses that exceed what the Compact and hydrology can allow,” Commissioner Mitchell said. “Whatever you call it, we cannot– and will not– agree to guidelines that perpetuate management of our water resources that do not acknowledge what Mother Nature is providing. The Basin cannot continue to use water at a rate that is unsustainable.”

“History shows that collaborative efforts by the Basin States can provide superior solutions. We will continue to do everything we can to get to a seven-state solution that protects Colorado and the Upper Basin. But we also need to be prepared for other scenarios,” Commissioner Mitchell said.

“Our Colorado River team is a force. I cannot thank the Colorado Water Conservation Board, the Division of Water Resources, and the Attorney General’s teams enough. Also, I greatly appreciate the support of  Governor Polis, who has been engaged and helpful as we enter these critical negotiations,” Commissioner Mitchell said. “Together, we have shown the federal government and the Lower Basin that Colorado cannot and will not accept the status quo or be bullied into a future that drains the reservoirs for continued, unsustainable use in the Lower Basin.”

Map credit: AGU

Click the link to read Commissioner Mitchell’s full speech from the 2024 Colorado Water Congress Annual Convention on the Colorado Department of Natural Resources website:

Rebecca Mitchell, Colorado’s Upper Colorado River Commissioner 
Colorado Water Congress Annual Convention Speech
Jan. 31, 2024

Change is coming – and because it is, I can’t emphasize enough how much the Post-2026 negotiations matter.

Whether you are in the Upper Basin, Lower Basin, Mexico, or a member of one of the 30 Tribal Nations, we all deserve a future with certainty and security in our water supply without that being jeopardized by constant crisis management. We all deserve a future where we can live within the means of the river, without the risk of overuse or misuse driving us into crisis.

For the past two decades, the Upper Basin has been caught between the impacts of climate change and Lower Basin overuse, along with the increasing risk that our thirsty neighbors will look upstream for more water.

The structural deficit refers to the consumption by Lower Basin states of more water than enters Lake Mead each year. The deficit, which includes losses from evaporation, is estimated at 1.2 million acre-feet a year. (Image: Central Arizona Project circa 2019)

I want to recognize that the Lower Basin does not like the term overuse. My intent is not to offend, but rather to be clear and honest about uses that exceed what the Compact and hydrology can allow. Whatever you call it, we cannot – and will not – agree to guidelines that perpetuate management of our water resources that do not acknowledge what Mother Nature can provide.

The Basin cannot continue to use water at a rate that is unsustainable.

Those who are fearful of change, or who benefit from the status quo, will find fault with the plain facts I share here with you and will find fault with the tone in which I share them, as an excuse for their inaction. We must move forward together to face the future with honesty and courage. You, Colorado, and all people in the Basin deserve nothing less than honesty and courage.

The good news? Change is coming. The Upper Division States have said for decades that the Lower Basin needs to take responsibility for its role in emptying the reservoirs.

Let’s be clear about why this change is needed. The ‘07 Guidelines cannot be extended. Under the ‘07 Guidelines, dry hydrology and overuse by the Lower Basin have drained the reservoirs. Future guidelines must recognize the reality of Colorado River Basin hydrology.

Our Lower Basin neighbors recognize that they must address their overuse, what they call the “structural deficit.” I applaud that first step of acknowledging their responsibility. The next step is for them to explain how they will make this commitment a reality that we can rely on. We look forward to seeing those details.

The history of the Basin shows that collaborative efforts by the Basin States can provide superior solutions. We will continue to do everything we can to get to a seven-state solution that protects Colorado and the Upper Basin.

But we also need to be prepared for other scenarios.

The Upper Division States have presented a concept to the Lower Basin States that outlines mechanisms for living within the means of the river while rebuilding and maintaining Powell and Mead, and operating within the Law of the River – essentially a water budget that honors the law and Mother Nature.

The Colorado River Compact is our foundation. Solutions need to respect the Law of the River and recognize the reality of the hydrology of the Colorado River Basin. Solutions must also be real and verifiable. Aspirational goals do not provide the clarity that is required to provide predictability to the Basin.

We cannot and will not agree to continue  “balancing” under the ‘07 Guidelines, a concept used to justify sending water downstream to fuel Lower Basin overuse. That water should be used to rebuild storage.

We’re focused on fair, legal, and sustainable outcomes for the entire Basin.

Out of respect for the sovereignty of the Lower Basin States, and the role of the Secretary of the Interior as Water Master of the Lower Basin, we have not weighed in on how they should apportion reductions among themselves. That is for the Lower Basin to work out. We’ve rolled up our sleeves in a good-faith effort to balance the demands with supplies, and the need to have water available in dry years to keep the system from crashing.

We have heard our downstream neighbors say, “If we figure out the structural deficit, will you meet us in the middle on climate change?”

First off – that’s one heck of a hypothetical. If Lower Basin overuse is addressed, we would be looking at a very different situation than what we see today. In fact, if the Lower Basin had accounted for evaporation and transit losses throughout the ‘07 Guidelines, the reservoirs would likely be healthy.

But at this time, we’re the only ones who’ve been doing anything about climate change. We’ve shown that we are willing to do our part, that we have been doing our part. I have heard across Colorado that we’re willing to help – but we cannot solve the problem alone.

We take involuntary and uncompensated reductions when Mother Nature does not provide. Water users in the Upper Basin have taken an average of 1.3 million acre-feet in shortages annually over the last several years. In other words, we have used 1.3 million acre-feet less than what we may have used if our water users’ demands were fulfilled.
 
When we make do with less water, we also make do with less in our communities, our workforce, our economies, and our food production. The Lower Basin must recognize and acknowledge the annual shortages that occur in the Upper Division States, and then acknowledge that the operation of reservoirs must respond to hydrology.

In addition, we must acknowledge that the Upper Basin has not developed into our 7.5 million acre-foot apportionment and that undeveloped Tribal water rights are flowing downstream.

Regardless of what the future agreement looks like, the sideboards are set: we can no longer operate without regard for Mother Nature, overuse must end, and the Compact must remain our foundation.

It won’t be easy. As we move to a future that is more responsive to hydrology, I acknowledge that there will be hardship and pain in the Lower Basin – while also acknowledging that this hardship and pain has existed in the Upper Basin for decades, because we haven’t been shielded from climate change impacts.

The Upper Basin is uniquely positioned to assist our downstream neighbors in learning to live with less.

Seventy-five years ago, my predecessor agreed to the 1948 Upper Colorado River Compact, which established the Upper Colorado River Commission (UCRC) as a forum for “interstate comity.” That sentiment has never been truer in the Upper Basin than today. The Upper Division States are strongly united, and we’re stronger because of the common interests shared across Colorado, New Mexico, Utah, and Wyoming.

Native America in the Colorado River Basin. Credit: USBR

We are collaborating in unprecedented ways in the Upper Basin, and this time we’re doing it at a bigger table. I’m very proud that we are working with the Upper Basin Tribal Nations in recognition of their historical ownership and their undeveloped federally reserved water rights. This collaboration has made it very clear to me that it is unacceptable for the Upper Division States to accept any limitations on future uses when the Upper Basin Tribes have limited access to clean water, agricultural production, and economic vitality.

What we can do and what we will do is operate responsibly, and initiate programs and policies that promote sustainable uses across the Upper Basin.

I would like to take a moment to reflect on how far we have come as a state, and as the Upper Basin, over the last couple of years. I remember the speech I gave to you all in the summer of 2022. The reservoirs were crashing. The federal government had laid out an ultimatum: “Figure out how to conserve 2 to 4 million acre-feet, or we’ll figure it out for you.” The Lower Basin was unwilling and unable to reach an agreement about cuts to their uses.

When it became clear that a Basin agreement was impossible, I remember the many long meetings and long hours that my team and I put into discussions with our fellow Upper Division States. And we worked our way to the Five Point Plan.

That Five Point Plan was a turning point for Colorado. You all know that decision was a difficult one for me. But by implementing this plan, we positioned ourselves as leaders in the Basin as the ones willing to come to the table to do our part.

A few short months later, the General Assembly passed a bill that funded the creation of several new full-time employees. If you’ve ever worked in state government, you’ll know that getting one new employee is a massive success – imagine then how significant it is to secure nearly 20 positions dedicated to Colorado River issues.

Our Colorado River team is a force. I cannot thank the Colorado Water Conservation Board, the Division of Water Resources, and the Attorney General’s teams enough. Together, we have shown the federal government and the Lower Basin that Colorado cannot and will not accept the status quo or be bullied into a future that drains the reservoirs for continued, unsustainable use in the Lower Basin.

For example, we pushed the Bureau of Reclamation to modify how the Upper Basin is represented in Colorado River Basin modeling. Our advocacy means that today, the updated models better reflect the reality in the Upper Basin — a reality that will be represented in post-2026 tools. Reclamation models now show what shortages look like here. The models also show how shortage cuts into our water needs.

This team has also worked to make Colorado more resilient. Over the past year, the CWCB has spearheaded a turf removal program to make our municipalities more resilient to future water shortages; DWR strictly administered water rights – including painful cuts to water use – to respond to Mother Nature; Me and my fellow Upper Colorado River Commissioners revamped the 2024 System Conservation Pilot Program – or SCPP – to allow water users to voluntarily forgo their water uses in exchange for compensation, thereby helping to put water in the river to mitigate drought in the Upper Division States; and the Drought Task Force critically examined Colorado River issues, and not only applauded the good work of the state, but recommended additional resources to augment our existing work.

The Colorado River team is also working to transition our guiding principles from paper to practice. You are all familiar with the irrefutable truths. It’s one thing to say, “These are our principles.” It’s another thing to then apply them in Basin State negotiations.

I’ve seen some of the principles gain traction throughout the entire Colorado River Basin.  The federal government has acknowledged the need for managing the reservoirs sustainably. The Lower Basin has acknowledged the need to address their overuse. The environmental community recognizes that healthy storage at our nation’s two largest reservoirs must be the first step in protecting the Colorado River’s ecosystems.

Gradually, I’m hearing diverse interests, from D.C. to the Imperial Valley, recognize that the status quo doesn’t work anymore, that it is time for a fundamental change in how we manage the Colorado River, and that we must all live within the means of the River if we hope to sustain it.

I want Lake Powell and Lake Mead to serve the purposes they were designed to serve: to provide for sustainable development of our compact apportionments in the Colorado River Basin, and to provide water security in dry years.

A sustainable system means we have to rebuild storage in Lake Powell and Lake Mead, and protect upstream storage for releases only in the most dire circumstances. This means that the worldview around water must change – particularly in the Lower Basin. We must manage demand to rebuild the storage that provides certainty of supply in all years. We all must adapt to the available water supply.

We hope our Lower Basin partners will meet us in this moment. We have an opportunity to collaboratively determine how to adapt to the river that we have, not the river that we dream of.

The Lower Basin states have said some good things that signal they are open to collaboration. We believe them when they say that they will “own the structural deficit,” when they say they will “live within the means of the River,” that they “support the Tribes,” and that they “support the environment.”

I take them at their word. We assume they are serious about these commitments, and we expect open and transparent accounting of all Lower Basin uses– mainstem and tributaries– so that we can trust but verify their actions.

We hope that the Lower Basin will come around to support a sustainable framework for the management of Lake Powell and Lake Mead for the 40 million people who rely on the Colorado River. We are bound together by this River, by the Compact we signed 100 years ago, and by our shared interest in a vibrant American southwest.

Utilizing unprecedented federal funds, I believe that we can reach an agreement that protects all who rely on this critical resource – and we should do this post haste: 40 million people are counting on us.

I want to acknowledge my counterparts in both the Upper and Lower Basins, along with the leadership of the Bureau of Reclamation, and the fact that we have some difficult roads ahead of us as we work to find a sustainable solution for the Basin.  What we must do would have been easier ten years or even five years ago. Tomorrow will be difficult, but we must have the courage to try.

The history of the Basin shows that collaborative efforts by the Basin States can provide superior solutions. We all know we must prepare for other scenarios. But for now, I promise you that we are focused on finding that collaborative solution.

My request is that Colorado stay unified at this critical time in the negotiations. I commit to making space and time to have the difficult discussions we need to have within Colorado about these important issues. But the most important task – right now – is to find success in the negotiations with the other Basin States.

Success depends on all of us staying together with a common goal of protecting the resources of Colorado for all who depend upon them – including the Tribal Nations, agricultural users, cities, and the environment.

Thank you.

Colorado River “Beginnings”. Photo: Brent Gardner-Smith/Aspen Journalism

#Colorado Water Conservation Board Approves Funding for Continued Shoshone Preservation Efforts #ColoradoRiver #COriver #aridification

This historical photo shows the penstocks of the Shoshone power plant above the Colorado River. A coalition led by the Colorado River District is seeking to purchase the water rights associated with the plant. Credit: Library of Congress photo

Click the link to read the release on the Colorado Water Conservation Board website:

January 29, 2024—The Colorado Water Conservation Board (CWCB) has voted to recommend $20 million in funding to the Colorado River District as part of the annual Water Projects Bill contributing to a larger funding effort to secure Shoshone permanence and foster water security on the Colorado River. 

“The CWCB Board considered this funding application very carefully. This is a significant step towards maintaining historic flows on the Colorado River,” said Lauren Ris, CWCB Director. “As an agency, we will continue to do our due diligence in this process, with the hope that these efforts can benefit the environment and give West Slope water users more certainty.”

The decision follows a special workshop held on January 25, and a final vote during CWCB’s January Board Meeting. On December 19, 2023, the Colorado River Water Conservation District and Public Service Company signed an agreement that would allow the River District to purchase the water rights associated with the Shoshone power plant. The River District is also planning to seek funds from the Bureau of Reclamation and others.

In the coming months to years, CWCB will work with the River District to negotiate an instream flow agreement. If approved, the two entities would then seek a change in water right decree through Colorado Water Court. The CWCB’s Instream Flow Program secures instream flow water rights to protect streamflow to preserve the natural environment of streams and lakes where fish and other species live. The integrity of this long-standing program depends on a thorough review, so it’s critical CWCB staff follow public processes. 

“We also greatly appreciate the hard work and dedication of CWCB staff in this effort and their positive recommendation of funding to the Board,” said Andy Mueller, Colorado River District General Manager. “We consider the state an integral partner in protecting Shoshone’s flows in perpetuity, and the $20 million funding milestone brings this generational investment in Colorado water security one step closer to the finish line.”

“If completed, Shoshone water right preservation would help maintain flows on the Colorado River, and support the system as a whole,” said Dan Gibbs, Executive Director of the Colorado Department of Natural Resources. “Securing this water right and negotiating an instream flow use agreement could mean supporting healthy agriculture, providing clean drinking water, fostering healthy environments, and more. We look forward to working with the Colorado River District and Xcel Energy as this process enters the next phases of evaluation and approval.”

#NewMexico Governor Michelle Lujan Grisham unveils 50-year water action plan — Source NM

New Mexico Lakes, Rivers and Water Resources via Geology.com.

Click the link to read the article on the Source NM website (Danielle Prokop):

January 31, 2024

Even as New Mexico water supplies are predicted to decline by more than 25% over the next five decades, Gov. Michelle Lujan Grisham said she always views the glass as half-full, in the Tuesday presentation of a long-awaited report addressing the state’s water needs for the next 50 years.

Or really: “45 years, since it took us five years to write it,” the governor quipped.

Over the next 50 years, due to human-driven climate change, scientists say New Mexico will be hotter, drier and lead to less water. Hotter weather shrinks the snowbanksparches the soils and shrivels the rivers. Less available water in rivers puts more pressure on New Mexico aquifers and reduces the chances to refill them. Climate change also turns up the heat on wildfires, which decimate watersheds, and will deepen droughts and worsen flooding.

Without action, New Mexico will have a shortage of 750,000 acre feet of water in that time period, according to the document.

The 23-page document proposes using water conservation, new water supplies and protections for watersheds to address the shortfall. It breaks down further into 11 subsections with points to develop public education campaigns, improve infrastructure, modernize wastewater treatment plants and protect and restore watersheds.

“It conserves water and it reduces waste,” Lujan Grisham said. “If it’s leaking, and it’s evaporating, we don’t know where it is, and if we’re not protecting it and if it gets polluted.”

During an hour-long press conference before the document was made public, Lujan Grisham advocated again for a plan to invest half a billion dollars to develop a market in desalination and oil wastewater treatment technology.

Lujan Grisham described the quantities of brackish water (salty water) in deep underground aquifers to be as vast as an “ocean.”

“We should not be using our fresh drinking water in a number of industries,” she said. “Because we don’t need to make that choice between your safe drinking water and your business. We have the chance here to do both. And that’s exactly the path we’re on.”

Lujan Grisham said that treated produced and brackish water would not be used for drinking water or agricultural sources, but only in manufacturing and industrial uses, at this time.

It’s unclear how much brackish water would be available to support the governor’s goals, said State Geologist J. Michael Timmons, because the New Mexico Bureau of Geology and Mineral Resources has not received full funding for an aquifer mapping project. An executive budget request asked for $9 million dollars for aquifer mapping.

“There are probably vast amounts of water, we need to better understand the quantity and quality of that water,” Timmons said. “It leads to the details of how accessible it is, to draw it through the rock formations. There’s a lot of work to be done on our part as a state agency, and others, to better understand those resources.”

At the press conference, Lujan Grisham was joined by the governors from Sandia and Santa Clara Pueblos, the New Mexico Environment Department secretary, the Clovis mayor and several lawmakers.

Some water advocates celebrated the priorities in the plan upon first review. Allyson Siwik, the executive director of Gila Resources Information Project, said she was pleased to see watershed pollution protections, restoration projects, stormwater management and drinking water infrastructure included.

Others said the plan did not address the issues facing New Mexico’s water crisis, including Melissa Troutman, a climate and energy advocate for WildEarth Guardians.

“The governor’s water plan ignores critical water threats in New Mexico, such as daily oil and gas spills that go unpenalized,” Troutman said in a written statement. “And her Strategic Water Supply incentivizes water-intensive industrial development like hydrogen, manufacturing, and fossil fuels that are inappropriate for any arid bioregion.”

How did we get here?

Lujan Grisham has been calling for a 50-year water plan since 2019. While lawmakers declined to fund the plan  in prior years, New Mexico In Depth reported lawmakers provided $250,000 annually for the 50-year water plan and granted $500,000 in a one-time appropriation to the Office of the State Engineer in 2023.

A draft of the 50-year water plan circulated in 2022. What was presented today, “evolved” from that draft, said the governor’s spokesperson Maddy Hayden.

“The Action Plan released today evolved from the draft 50-Year Water Plan shared with the public and Water Task Force members in 2022 and reflects the Governor’s priority actions to provide water security for future New Mexicans,” Hayden wrote.

Hayden continued to say that the plan  “complements many ongoing state agency programs” and that the implementation will have community involvement.

The 50-year plan is separate from the state water plans, which must be reviewed every five years.

The action plan is based on input from state agencies, a 29-member task force, two working groups which focused on tribal water and acequias, and a 192-page report analyzing the science of climate change impacts based on peer-reviewed research in New Mexico.

It bears little resemblance to those other reports.

The New Mexico Water Policy and Infrastructure Taskforce led by state environmental agencies, but also with lawmakers, conservation nonprofits, local water districts, tribal governments and more, issued a 90-page report that included detailed recommendations for funding more data collection. The group outlined dollar amounts for future legislation and staffing levels to sustain these water plans.

The 50-year action plan asks for recurring funding of $1.25 million per year for aquifer mapping and any additional funds would provide more than 100 monitoring wells in the next 12 years.

The other funding request in the plan asks for $500 million in 2024 and 2025 for the Strategic Water Supply Project. The “Return on Investment” for that project, according to the document, would be 100,000 acre feet of new water by 2028. By 2035, the report says, 50,000 feet to treat brackish water would be available for “recharging freshwater aquifers,” or used for “communities, farms, aquatic ecosystems and interstate compact compliance.”

The report assigns deadlines for actions in the next few years, but does not indicate how much the goals cost to accomplish.

In one section, the report says in order to address contaminated groundwater across hundreds of sites – including legacy uranium sites, petroleum releases and other polluted spots, New Mexico will “develop a dashboard of all known contaminated groundwater sites, including the status and estimated cost of cleanup for each site.”

It would then, “launch a state program to pay for the remediation of 100 neglected sites with no responsible party,” by 2025.

Citizen Scientists Document a Recovering #ColoradoRiver: The Returning Rapids Project charts a resurgent waterway and its surrounding ecosystems — Smithsonian Magazine #COriver #aridification

January 25, 2024

Click the link to read the article on the Smithsonian Magazine website (Margaret Osborne):

Sitting around a fire at a campsite along the Colorado River in Utah, boater Mike DeHoff flips through old photos of the area. Scientists from the United States Geological Survey circle around him and peer interestedly over his shoulder. He points to an old picture of the North Wash boat ramp, where the group is camped. The ramp was built about 20 years ago as a temporary take out for boaters running Cataract Canyon, a popular section for whitewater rafting, flowing through Canyonlands National Park upstream of Lake Powell. But in the past few decades, the ramp has deteriorated rapidly as water levels receded in the lake and the river here cut away at the land.

DeHoff, a welder based in Moab, Utah, runs the Returning Rapids Project, which documents annual changes in a section of the Colorado river called Cataract Canyon. The project brings external scientists out to survey species, measure sediment changes in the riverbed and examine the geology of newly exposed rock formations. The team presents this information, along with their own observations, to various organizations across the region and to the public. DeHoff and his team do this work, in part, to help provide important information before officials make crucial water management decisions regarding the river.

DeHoff is helping coordinate this March sediment survey with the USGS’s Grand Canyon Monitoring and Research Center, in a portion of the river that was once part of Lake Powell, the nation’s second-largest reservoir. In the past few decades, drought, climate change and the overuse of water have caused the lake level to drop, spurring a crisis for the millions of people who rely on it for water and hydropower. But as the lake receded, DeHoff began noticing something unexpected: The river upstream flourished.

DeHoff helps USGS researchers take out their boat at the eroded North Wash ramp—a task that requires rollers, winches and a team of several people. Margaret Osborne

DeHoff started seeing changes in Cataract Canyon in 2002—about when the region’s drought started. Lower water levels led rapids to form. Cottonwoods and seep willows sprouted in areas that were once underwater. As Lake Powell shrunk, the river cut through the layers of sediment left behind—dams halt the flow of rivers and stop sediment from moving freely. Yet, despite these rapid changes, DeHoff saw little scientific research or public attention focused on this section of the river. Instead, he says, efforts went downstream to the Grand Canyon, on the other side of the lake.

Glen Canyon National Recreation Area map from the official brochure National Park Service via Wikimedia Commons / Public Domain

A brief history

Before engineers dammed the river, Cataract Canyon was notorious for its massive, churning rapids—earning it the nickname “The Graveyard of the Colorado.” In 1964, Glen Canyon Dam was built near what’s now Page, Arizona, to supply power to areas of the West and to form the Lake Powell reservoir. In the United States, the Lake Powell reservoir is second in size only to Lake Mead, which is located 360 river miles downstream.

Raft in the Big Drop Rapids, Cataract Canyon. By National Park Service – National Park Service, Public Domain, https://commons.wikimedia.org/w/index.php?curid=8327636

Seventeen years after the construction of the Glen Canyon Dam was built, the reservoir hit full capacity—or “full pool”—and stretched 186 miles long. It inundated a stretch of river called Glen Canyon, which is sometimes referred to as “America’s lost national park.” The canyon was once home to a variety of plant and animal species as well as unique rock spires, arches, slot canyons and more than 3,000 ancient ruins. Just upstream of Glen Canyon, 65 percent of Cataract Canyon was also flooded, and many of its fearsome rapids disappeared.

The dam has also trapped millions of tons of sediment behind it in Lake Powell, which deprives the Grand Canyon downstream of sand and silt. The sediment holds critical nutrients for life and can form and replenish beach habitats that are important for plants and animals—and campsites for the 27,000 yearly Grand Canyon boaters.

A dwindling supply of water

The West is in the middle of its worst mega-drought in 1,200 years. In just the past few decades, Lake Powell has dropped more than 100 feet. This past March, when the USGS was completing its sediment survey, the reservoir sat at about 22 percent of full pool, just 30 feet above the amount needed to continue producing power.

“New plot using the nClimGrid data, which is a better source than PRISM for long-term trends. Of course, the combined reservoir contents increase from last year, but the increase is less than 2011 and looks puny compared to the ‘hole’ in the reservoirs. The blue Loess lines subtly change. Last year those lines ended pointing downwards. This year they end flat-ish. 2023 temps were still above the 20th century average, although close. Another interesting aspect is that the 20C Mean and 21C Mean lines on the individual plots really don’t change much. Finally, the 2023 Natural Flows are almost exactly equal to 2019. (17.678 maf vs 17.672 maf). For all the hoopla about how this was record-setting year, the fact is that this year was significantly less than 2011 (20.159 maf) and no different than 2019” — Brad Udall

States, tribes, legislators, the public and other stakeholders are all competing for the dwindling water in the Colorado River, which was originally divided up in the 1923 Colorado River Compact. This agreement among the federal government and Arizona, California, Colorado, New Mexico, Nevada, Utah and Wyoming was based on science that overestimated the amount of water that would be available in the years to come. And it left Native American tribes and Mexico out of the deal altogether. Over the years, subsequent agreements, court decisions and decrees have been added to the 100-year-old document to determine how water is split up. But at the end of 2026, some of these guidelines governing the system will expire and need to be renegotiated. Experts say deep cuts will need to be made to water usage. It may even mean drilling bypass tubes around the dam, which would essentially drain Lake Powell—one of the solutions the Bureau of Reclamation proposed last year.

The research facilitated by the Returning Rapids Project could help give officials a more holistic view of how their decisions will affect the entire river system. “Everybody knows that there’s going to have to be big decisions made about how we manage the Colorado River,” DeHoff says. “The way we’re using the river, and how we’re storing its water, is outdated.”

Environmentalists have proposed decommissioning Glen Canyon dam for decades to restore the health of the river and help conserve water. Some proponents, including the nonprofit Glen Canyon Institute, advocate to “Fill Lake Mead First,” a proposal that would combine the water from both reservoirs into Lake Mead. The proposal includes the construction of diversion tunnels around Glen Canyon Dam, allowing the river to flow freely through it and restoring Glen Canyon to its picturesque glory. According to a study commissioned by the institute, filling Lake Mead first would save about 300,000 acre-feet of water per year that would have otherwise been lost to ground seepage or evaporation in Lake Powell—about the amount allocated yearly to the state of Nevada. But a 2016 study from Utah State University has put this number closer to 50,000 acre-feet.

Record-breaking snowfall last winter in Utah has caused water levels to rise again. Lake Powell is now around 35 percent full. But scientists caution the drought is not over, and the precipitation is just a temporary fix to the region’s longstanding water shortage.

DeHoff chats with researchers about the river. Margaret Osborne

How the project formed

The shop DeHoff founded, Eddyline Welding in Moab, welds boats, frames and equipment for river runners. Private, commercial, USGS and National Park Service boaters gather there to swap stories and information.

Around 2017 or 2018, Peter Lefebvre, a longtime raft guide, began chatting with DeHoff about his observations in Cataract Canyon. “It was like, ‘Oh, so have you seen this rock sticking out of the river over here?’” Lefebvre says. The two formed the Returning Rapids Project with another local, Bego Gerhart. They wanted to investigate when the rapids would return to Cataract Canyon as Lake Powell receded. So far, they’ve documented the return of 11 rapids.

DeHoff and his partner, Meg Flynn, who’s the assistant director of the local library, have spent hours finding archival photos of the river upstream from Lake Powell. Project members pinpoint where the photos were taken and return to the same spots via raft, by motorboat or on foot to snap images, often at the same time of day and year, to compare the river and the landscape.

“It’s a treasure hunt,” Flynn says. “It’s super fun to figure out.”

Peter Lefebvre takes a photo to match an image taken previously. Margaret Osborne

The project soon grew, and in 2019, the Glen Canyon Institute, which advocates for a free-flowing river through the dam, took the Returning Rapids Project under its wing, allowing it to receive donations. The project now has four core part-time investigators: DeHoff, Flynn, Lefebvre and Chris Benson, a geologist, pilot and former raft guide. They’ve also recently involved some younger members in research and boat operations.

“All these government offices and agencies were kind of all doing their own thing and not really paying attention to this,” Benson says. “With all this change, all this worry about levels and drought, people weren’t really studying this.”

But scientists have now published multiple papers based on data collected with the help of the Returning Rapids Project.

Returning Rapids has also given presentations to various groups, including the Utah Geological Association, the Utah State University Center for Colorado River Studies, the Colorado Plateau River Guides and classes of university students. They’ve shared their findings with National Park superintendents, decision makers at the Bureau of Reclamation and Utah raft guides. In Moab, they’ve spoken at local events and even given a talk for visiting high school students from California.

The team’s observations, historical research and photo matching are published in yearly field binders for the public to read. Commercial river guides sometimes share the binders with passengers on their trips.

“It’s gone from having a conversation in the welding shop to being a part of meetings of every superintendent who has anything to do with the Colorado River with the National Park Service,” DeHoff says. “And trying to help them think about it, which is nuts.”

In the field

Back at the campsite, the USGS researchers listen as DeHoff chats more about the history of the area. In the morning, the scientists set up equipment and board research vessels, which will collect data on sediment in the riverbank that they can compare to previous surveys.

One boat carries a sonar device with 512 beams to map the floor of the river and a lidar instrument, which uses lasers to scan the riverbank. The team spends the day motoring up and down a section of the river—“mowing the lawn” they call it—near the Dirty Devil confluence. On two computer screens, raw data appears as textured images of the riverbed. “This mossy-colored, brown-looking texture is indicative of sand,” researcher Katie Chapman says, pointing to the screen.

Researchers Katie Chapman and Paul Grams collect data on the USGS boat. Margaret Osborne

Between 2020 and May 2022, USGS geomorphologist Paul Grams saw the river scour the riverbed 36 feet deeper, and the water is now encountering resistant bedrock. In this section, the river is flowing along a different path than its historical channel. Grams says a waterfall or rapid could form here if the water level continued to drop, which would change how sediment moves in the river and shift the river dynamics and ecosystems upstream. A waterfall could also act as a barrier for migrating fish and affect infrastructure decisions, such as where to build a boat ramp.

As the USGS group mows the lawn, Returning Rapids motors around the river to match photos and measure river depth using a fish-finder device.

In a follow-up survey in the early summer, Grams documented an even more dramatic scouring—about 33 feet in just six months—thanks to the season’s high water flows.

DeHoff uses a fish finder to figure out the depth of the river. Margaret Osborne

Making a big scientific impact

A few months before this trip, back in the library in Moab, DeHoff pulled out an 11-foot-long map of the Colorado River and laid it flat on the table in front of him. He pointed out areas that have changed over the years. “We’ve seen all kinds of like native flora and fauna come in and repopulate the areas where the river has restored itself,” he said.

Ecologist Seth Arens of the University of Colorado’s Western Water Assessment, who organized the first Returning Rapids science trip in 2019, says the region is a fascinating natural laboratory. Arens was inspired to research the Lake Powell area because of conversations with DeHoff on a private trip. He’s been conducting plant surveys in side canyons and says he’s the first to research the terrestrial landscape that was once underwater, an area that’s about 100,000 acres.

So far, Arens has documented shrubs, cottonwood trees, native grasses, wildflowers, early signs of cryptobiotic soil crusts and unique vertical ecosystems called hanging gardens—all of which have appeared in the last few years. He says this knowledge could be useful for understanding how landscapes change in arid regions as reservoirs dry and dams are removed.

A USGS boat “mows the lawn.” Margaret Osborne

Arens makes it clear he is not advocating for the removal of Glen Canyon Dam, but he says his research should be taken into account when officials make their decisions around future water management. Though he hasn’t published his data yet, he says he’s submitted comments to the Bureau of Reclamation. If Lake Powell refills, it will come at a cost, he adds.

“There will be ecological resources that are again submerged and lost,” he says. “I think it’s fair for that information to be part of that decision-making process.”

Cari Johnson, a geologist and geophysicist at the University of Utah, has also been on several Returning Rapids science trips. She says the Returning Rapids Project has made her research on sediments safer and more efficient. The group has helped her get permits, work with management agencies and provided practical knowledge about boating.

“I wouldn’t be able to do any of the science that I have done so far without [DeHoff],” she says. “He has been incredibly effective at getting smart people all together.”