How #Colorado’s water law affects you and our rivers — @AmericanRivers

Prior appropriation example via Oregon.gov

From American Rivers (Fay Augustyn):

In Episode 12 of We Are Rivers, we discuss the complicated nature of water law in the West. Listen in to learn more about how water law affects you and the rivers you love.

Water in the West is inherently complicated. A complex web of laws, compacts, and a little thing called “prior appropriation” dictates how and when people and entities are allowed to use water in the West, such as cities and towns, farms and ranches, and industry. This ability is what we call “owning a water right,” and explains much of how the West has been settled over the last century, and how many of the economic forces that affect our daily lives are driven by these water rights. Listen in to learn more about how water law affects you and the rivers you love.

Prior appropriation is the backbone of our water law system. Perhaps you’ve heard of “first in time, first in right,” – this phrase refers to the water law system. Prior appropriation allows individuals or entities who first apply water for a beneficial use to be entitled to that appropriation into the future (and has priority over subsequent users). Holding a water right doesn’t actually imply ownership over the water (water in Colorado is “owned” by the people) but is instead the right to use the people’s water for a beneficial use like agriculture, municipal water, and now more recently, in benefit of the environment as in-stream flows.

Even if the term “water rights” leaves you scratching your head, and you call a western state your home, you still are impacted by them. There’s a fairly high chance that you use water connected to a water right, (unless you have your own well or diversion). Water running through pipes in cities and towns across the West are likely municipal water obtained through a water right held by city or town. Your community has to have a water right themselves to divert and distribute the water that ends up in your home. Agriculture, industry, and even our rivers and streams all depend on the legal structure managing our water.

Join us in this month’s episode of We Are Rivers as we navigate through the complicated nature of water law in the West, including prior appropriation, instream flow rights, and the history of water law.

#Drought news: Aspen Enacts Mandatory Water Restrictions

West Drought Monitor August 16, 2018.

From the Associated Press via USA Today:

Extremely low water levels have forced the city of Aspen to declare a stage 2 water shortage for the first time in history.

The Aspen Times reports Aspen City Council approved the move Monday. Aspen Utilities Portfolio Manager Margaret Medellin says she anticipates stage 2 restrictions to remain in effect indefinitely.

Under the restrictions, Aspen water customers must not water lawns more than three days a week and no more than 30 minutes per sprinkler zone per day.

Restrictions also include no watering native areas more than two days a week and no watering lawns between 10 a.m. and 6 p.m.

From News Deeply (Emma Penrod):

Large reservoirs have buffered urban areas in the Southwest from the worst of the year’s dry conditions, but rural farmers and ranchers are bearing the brunt of water shortages and the economic fallout.

Farmer Scott Sunderland runs the numbers on his smartphone and the outlook is bleak. He needs $250,000 just to pay the taxes and debts he owes on the 700-acre farm he’s managed for more than three decades. If he’s lucky, he’ll have $220,000 by the end of the season.

“If the drought holds on another year,” he said, “we’re going to have to start liquidating … But once you start down that road, it’s almost a dead end.”

Chester, an unincorporated community in central Utah, has been hit by “exceptional” drought conditions, the most severe rating issued by the United States Drought Monitor. For much of the southwestern U.S., this past winter has marked one of the driest periods in recorded history.

Population centers in the West have been relatively insulated from the disaster, protected by large reservoirs capable of storing water for multiple years. But rural towns and the farmers and ranchers who populate them have been devastated. In many cases, struggling farmers have already been pushed off more fertile lands by urban development. Now, some of the remaining ones hope to sell out and scrape together enough cash to retire, while others have already begun to look for new jobs.

“It’s hard to paint a picture because a lot of the time when people talk about drought, you just shower less and water your lawn less,” said Cassidy Johnston, a rancher in Capitan, New Mexico. “In town, yeah, your lawn may be yellow, but here, you may have to move and sell the business your family has had for generations.”

A Regional Crisis

More than half the western U.S. is currently experiencing some level of drought, according to the U.S. Drought Monitor at the National Drought Mitigation Center at the University of Nebraska-Lincoln. Sparsely populated areas in Utah, Colorado, New Mexico and Arizona in particular are grappling with dry conditions of historic proportions – many small irrigation companies are reporting water shortages the likes of which have not been seen since the 1970s.

This isn’t necessarily because these areas got less snow over a disastrously dry winter than some of the surrounding environs, said Troy Brosten, a Utah-based hydrologist for the U.S. Department of Agriculture Natural Resource Conservation Service. The main issue is the lack of water storage in some remote areas.

Despite the lack of snowfall this past winter, Brosten said, larger reservoirs started the year with plenty of water left over from last year. These reservoirs are still mostly full, so the areas that draw from them haven’t experienced actual water shortages.

But some smaller reservoirs only have capacity for enough water to last about one year, Brosten said. They rely on each year’s snowpack to provide the following summer’s irrigation water. This year, there simply wasn’t enough snow to replenish their reserves.

Many farmers are increasingly reliant on these smaller reservoirs and water systems, said Kate Greenberg, who oversees western chapters of the national Young Farmers Coalition from her office in Durango, Colo. Farmers who once held senior rights in more secure reservoirs have, in some cases, opted to escape pressure from urban development by selling their lands and moving their operations further afield. The situation has been exacerbated by government policies to encourage water managers to secure water for urban growth by buying out farms, Greenberg said.

This was the fate of the Sunderland family farm, which was originally located in Lehi, Utah – a city that in a few short years has been completely transformed by the arrival of several big-name software companies, including Adobe.

The family knew that the new property in Chester was “drier country” when they moved more than 30 years ago to avoid being crowded out by development, Scott Sunderland’s brother Edwin said. But they were willing to take the risk so they could expand their operation and hopefully increase their earnings potential.

But compared to even a decade ago, Scott Sunderland added, Chester’s water doesn’t seem to go as far as it used to.

Chester doesn’t have access to a full-sized reservoir, but gets its water from a series of pipelines and storage ponds, said Edwin, who now manages a small portion of the family property. They started the season, he said, with about half their total water capacity. By July 4, the water was gone.

From The Rio Blanco Herald-Times:

Last Friday, Colorado Parks and Wildlife began releasing cooler water from Lake Avery in an ongoing effort to keep coldwater fish in the river alive as tough, drought conditions persist.

Trout have adapted to thrive in water temperatures between 50-60 degrees. According to CPW, some sections of the White River have exceeded 70-plus degrees consistently since early June. In addition, water flow in portions of the river have been running at or below the 25th percentile of the historical median in recent weeks.

When flows are low, water is susceptible to warming quickly and dissolved oxygen levels drop, leading to significantly stressed fish. They gather in residual pools and become easier to catch. Even if returned to the water immediately, stressed fish hooked under these conditions could quickly perish.

In addition to the water release, CPW has implemented a voluntary fishing closure between 2 p.m. and midnight on both north and south forks of the White River, from the boundary of the National Forest through the main stem down to the bridge at Rio Blanco County Road 5, west of Meeker.

CPW has implemented additional voluntary fishing closures across the region, due to similar conditions.

The White River within Rio Blanco County is renowned for excellent fishing, drawing thousands of anglers from across the world to catch the large rainbow, cutthroat and brook trout that typically thrive in these waters.

“It’s a great place to fish, but the White River fishery is also a critical resource that local residents depend upon for their livelihoods,” said deVergie. “Whether you run a hotel, a restaurant or an outfitting business, everyone up here has a vested interest in conserving this important natural resource.”

Since the voluntary closure went into effect last week, deVergie says he has seen excellent cooperation from the public. He stresses it could be a while before things improve.

“Now that we have a little more flow in the river, we are asking irrigators to leave as much of it as they can in the river for the benefit of the fish,” said deVergie. “Until we get some moisture, the release is one of the last remaining options we have to help prevent extensive fish mortality in the White River.”

Through an agreement with the Colorado Water Conservation Board, CPW can release water from Lake Avery to help the Board meet their instream flow right of 200 cubic feet per second. The goal is protecting aquatic life in Big Beaver Creek downstream of Lake Avery, and the White River downstream to the confluence with Piceance Creek.

The terms of the agreement allow for releasing 20 cfs up to 120 days. CPW will monitor water-quality conditions and fish to gauge the effects of the additional water, adjusting the release from Lake Avery as conditions warrant.
Due to similar climate conditions at the time, CPW released water from Lake Avery in 2012. Per the terms of the agreement, the agency can release water from the reservoir only one more time prior to 2022.

CPW recommends honoring all voluntary closures, fishing at higher altitude or fishing early when it’s cooler. Anglers should consider using barbless hooks, land fish quickly and release them quickly. Wet your hands before handling and let them go immediately, preferably without removing them from the water.

For more information about conditions on the White River, contact CPW’s Meeker office at 970-878-6090.

For general information about fishing in Colorado, visit the CPW website.

From The Durango Herald (Jennifer Oldham):

In the state known as the “mother of rivers,” the third–warmest and driest period in more than a century is wreaking havoc on waterways that provide the economic lifeline for rural communities and high–alpine habitat for Colorado’s signature fish, the greenback cutthroat trout.

The extremes of temperature and precipitation – too much of one, too little of the other – have grounded rafting companies in places that usually offer white-knuckle rides. With water barely lapping over jagged rocks, some outfitters have moved operations to rivers fed by reservoirs higher up in the parched Rockies.

“Boats can get piled up and people can get hurt if they flip, and guides were having to use their backs to pull the rafts off of rocks,” said Alan Blado, owner of Liquid Descent Rafting, which is based about 40 miles west of downtown Denver. “We didn’t want them to get injured.”

[…]

Summer 2018 came after a rough winter in which some areas received 30 percent of what once was typical snowpack. A warm spring thawed drifts early, causing rivers to peak in May, weeks before the busy summer season. Severe to exceptional drought now covers two–thirds of Colorado, and some of the worst wildfires in state history have broken out.

In a warming world , the fight for water can push nations apart — or bring them together — The Texas Observer #RioGrande #ActOnClimate

Map of the Rio Grande watershed. Graphic credit: WikiMedia

Here’s the introduction to a nine-part series about cross-border river administration from The Texas Observer:

The Rio Grande Valley of Texas is one of the fastest-growing places in the United States. Already hot and arid, and growing hotter, the booming, heavily Latino region depends almost entirely on the shriveling Rio Grande for water. Considered one of the most endangered rivers in North America, the Rio Grande provides drinking and irrigation water to 6 million people and 2 million acres of farmland on both sides of the Texas-Mexico border. Droughts and heat waves in the Valley are becoming more intense, exacerbating water scarcity.

Despite opinion surveys showing that Valley residents are deeply concerned about how climate change is affecting them, local and state officials are paying little heed to their constituents. According to a 2013 federal study (pdf), even before accounting for climate change the region is expected to run a “staggering” water supply shortage of almost 600,000 acre-feet in 2060. At the same time, some Texas border cities have been at the forefront of water conservation, and the US and Mexico have found ways to cooperate on protecting the Rio Grande.

This nine-part collaboration between the Texas Observer and Quartz explores the complexities of border water in search of answers for how people can work together in a hotter, drier world.

Brewing Beer Takes Lots Of Water. That’s Why This Brewery Donates To Conservation Causes — Colorado Public Radio

From Colorado Public Radio (Nancy Lofholm). Click through to listen to the program:

Drink beer, help rivers. That’s the mission behind Many Rivers Brewing, a Western Slope craft beer operation that doubles as a conservation project. Many Rivers brews an amber ale and IPA, and 100 percent of the profits from those two beers goes to river improvement projects. The brewery has donated the boozy benefits to the Colorado Riverfront Commission, Mesa Land Trust, Roaring Fork Conservancy and others.

Tim Carlson, Many Rivers’ beer brewer and board president, talked to Colorado Matters about founding the eco-friendly brewery. Before picking up the pint glass, Carlson was an environmental engineer who spent more than 40 years cleaning up rivers.

Wild Sounds Of The West: The Territorial Chorus Of Coyotes’ Group-Yip-Howl — @NewsCPR

You know that I can’t help but highlight my cousins! From Colorado Public Radio (Sam Brasch). Click through to listen:

The sounds of coyotes for travel for miles. And biologist say coyotes sing a particular songs once they have settle in an area. It’s called the group-yip-howl. In this episode, Mary Ann Bonnell, a park ranger in Jefferson County Open Space, introduces us to how coyotes broadcast their territory.

Not By Much: Colorado River System To Stay Out Of Shortfall Status Through 2019 — @azwater

The Colorado River originates in Rocky Mountain Natonal Park and soon descends into the bucolic loveliness of Middle Park. Photo/Allen Best

From the Arizona Department of Water Resources:

As news reports have indicated, the “August 2018 24-Month Study” of the Colorado River system, released Wednesday by the Bureau of Reclamation, tells at least two big water stories for the Southwest.

For one, it illustrates that the Lower Basin will not be in a shortage for 2019. According to the Bureau’s “most likely” scenario, Lake Mead will finish 2018 about four and a half feet above the “shortage declaration” cutoff, which is 1,075 feet in elevation.

A shortage declaration would trigger a set of criteria in the 2007 interim guidelines calling for Arizona’s deliveries of Colorado River water to be reduced by 320,000 acre-feet.

In addition to those anticipated conditions – inspired, largely, by decades of drought and a chronic structural deficit in annual Lower Basin deliveries – the 2018 August study tells us much about the complex relationship between the system’s two great reservoirs, Lake Powell and Lake Mead.

Graphic credit: ADWR

Much attention is being paid to the very unstable conditions at Lake Mead. But Lake Powell’s capacity to release water to Lake Mead also is governed in part by its elevations. And while those elevations are not currently in the critical condition of Lake Mead, they still are concerning. As of mid-August, Lake Powell’s elevation stood at just above 3,600 feet, which is about 48 percent full, down nearly 33 feet from a year ago.

Unregulated inflows into Lake Powell from the Rocky Mountain watershed have been (at worst) weak to (at best) near normal every year since the monster 2011 snowpack season that delivered 16 million acre-feet of inflow into Powell. The average annual inflow since 2011 is about 8.3 million acre-feet, which is 2.5 million acre-feet less than the long-term average.

Despite the prevalence of highly variable and lower than average watershed runoff in the years since 2011, the Bureau has released an amount in excess of 8.23 million acre-feet to Lake Mead five of the last seven years. And, according to the Bureau’s River Operations Group, conditions call for another release of 9.0 million acre-feet into Lake Mead in 2019.

Graphic credit: USBR via ADWR

That pattern appears set to change in 2020.

Prompted by the projected weak runoff forecast in the Rockies for Water Year 2019 – which is 75 percent of the long-term average runoff – the Lower Basin may see a water release to Mead of as little as 7.48 million acre-feet in 2020.

That would represent only the second time that less than 8.23 million acre-feet has flowed from Lake Powell to Lake Mead.

Assuming that dismal outlook comes to pass, it couldn’t come at a worse time.

Analysts are forecasting Lake Mead to end 2019 at just 1,070 feet, or five feet below the “Tier 1” shortage trigger. That anticipated elevation is just 20 feet above the “Tier 2” shortage stage (1,050 feet in elevation). If reached, that milestone triggers still more delivery cutbacks of Colorado River water through the CAP canals.

A below-normal delivery of just 7.48 million acre-feet in 2020 only assures Lake Mead sinking lower, faster.