Ridenbaugh Press/Water Rights

State Ecology Director Ted Sturdevant has signed the Hillis Rule amendment to expedite the processing of water right applications for water storage projects in the Columbia River basin.

The Hillis Rule sets priorities for processing water rights applications. This is the first update of the rule since its adoption in 1998. Ecology’s amendment of the Hillis rule allows priority processing of water right applications for such projects as replacing failing public water systems or developing new water supplies in water-short areas of Washington state.

The amendment allows expediting of aquifer and surface storage projects as long as they don’t conflict with state or federal instream flow rules. Some projects expected to benefit from the rule include storage projects for the City of White Salmon, Chelan Public Utility District and Klickitat County, as well as water banking and public water supply projects throughout Washington state. These projects are funded with state grants through Ecology’s Office of the Columbia River.

“Bringing water rights processing in line with current statutes and policies results in high-priority water needs moving ahead in the pending-application line,” said Ken Slattery, manager of the Water Resources Program at Ecology. “Updating this rule is all the more important due to cuts in funding and staff for water right application processing.”

The Hillis Rule amendment was adopted after Ecology’s director determined it meets the criteria for an exemption from Gov. Chris Gregoire’s moratorium announced November 17, on non-critical rule development by state agencies. It meets the Governor’s criterion that rule adoption provide more flexibility in getting water to pending water right applicants, supporting small business and economic growth.

The original Hillis Rule was the result of a 1997 Washington state Supreme Court decision (Larry Hillis v. the Department of Ecology) that upheld Ecology’s authority to prioritize the processing of water right applications for emergency uses, transfers and short term projects but said the prioritization must be accomplished through rulemaking under the Administrative Procedure Act. More information on the Hillis Rule is available on a Hillis Rule amendment website.

Department of Water Resources snow survey engineers Frank Gehrke and John Dean gauge water content in the Sierra Nevada snowpack near Echo Summit. The survey last week showed just 85% of average water content in the snowpack statewide. Photo/DWR

Posted by the California Farm Bureau Federation:

As surveyors drove aluminum tubes into the Sierra snowpack last week, taking their first manual reading of the snow’s water content, farmers throughout California looked to the skies for relief from crippling water shortages that have gripped the state.

The first Department of Water Resources snow survey of the winter season showed snow water content stood at 85 percent of average statewide. This time last year, snow water content was 76 percent of the statewide average.

Department of Water Resources snow survey engineers Frank Gehrke and John Dean gauge water content in the Sierra Nevada snowpack near Echo Summit. The survey last week showed just 85 percent of average water content in the snowpack statewide. (Photo courtesy of DWR.)

“Despite some recent storms, the snow survey shows we’re still playing catch-up when it comes to our statewide water supplies,” said DWR chief deputy director Sue Sims. “Looking at the real possibility of a fourth dry year, we must prepare now, conserve now and act now, so that we have enough water for homes, farms and businesses in 2010 and in the future.”

Kern County farmer Fred Starrh Sr., who buys water delivered through the State Water Project, said that he has had to let ground sit idle and has switched to less thirsty crops wherever possible, after three previous years of below-average precipitation combined with environmental regulations to reduce water supplies.

Like everyone in California, he said he hopes for rain and snow this winter, but is resigned to the idea that the state’s severe water shortage will continue—even if it turns out to be a wet year.

DWR’s early estimate that it will only be able to deliver 5 percent of requested State Water Project water this year to its urban and farm customers in the San Francisco Bay Area, San Joaquin Valley, Central Coast and Southern California is worrisome, he said. The estimate reflects low storage levels in the state’s major reservoirs, ongoing drought conditions and environmental restrictions on water deliveries from the Sacramento-San Joaquin Delta to protect endangered fish species.

Starrh said that at a recent meeting of the Kern County Water Agency, farmers learned that the most they could expect from contract water allocations from the State Water Project is 20 percent—if the snowpack is normal or above.
DWR estimates that fishery agency restrictions on delta pumping adopted in the past year to protect delta smelt, salmon and other species could reduce annual deliveries of State Water Project water by up to 30 percent.

“Something needs to be done to solve problems in the delta,” Starrh said. “If some of the regulations (related to species protection) were lifted, they could deliver as much as 70 percent of our contract amounts. But I’m not optimistic anything will be done.”

The federal Central Valley Project, which also depends on water from the delta, will issue its first official estimate of water deliveries next month.

In a letter to the U.S. Department of the Interior, which operates the CVP, the California Farm Bureau Federation said a combination of solutions for the delta are needed, including new surface water storage with continuous appropriation, protection for area-of-origin water rights, improved water conveyance and delta ecosystem improvements.

“We need a holistic approach to solving water supply problems that will ensure reliability for our growing population, provide vital environmental protection and offer farmers the ability to continue growing our nation’s food supply,” said Elisa Noble, CFBF director for livestock, public lands and natural resources.

Farm Bureau also called for federal agencies to coordinate with existing efforts to complete the Bay Delta Conservation Plan, a comprehensive environmental recovery effort that aims to protect species, water supplies and the economy. Farm Bureau pointed out that federal investment and cost-sharing in the area of water conservation is a critical need.
“We support expediting farm bill funding that can be used for land stewardship in the delta and upstream areas,” Noble said.

Meanwhile, the Obama administration released its “Interim Federal Action Plan for the California Bay-Delta” last month. The 23-page report said the administration took “swift and wide-ranging action” to move California water issues from the back burner to the forefront of federal attention during 2009, including investing more than $1 billion to address California water needs.

But the continuing crisis “requires all hands on deck to help those who are suffering,” U.S. Secretary of the Interior Ken Salazar said in a written statement. “We are moving aggressively to do our part to address the urgent need to provide reliable water supplies for 25 million Californians, while also protecting the bay-delta ecosystem upon which the supplies depend.”

The document focuses on water supply fixes that can be accomplished as soon as this year and pledges greater involvement in the ongoing Bay Delta Conservation Plan, which Farm Bureau has been actively helping to shape.
Actions in the federal plan include:

Fast-track permitting and construction of the Delta-Mendota and California Aqueduct Intertie Project, which will tie the state and federal delivery canals together and provide greater system flexibility. The $34 million project received environmental approval last week.

Coordination among federal agencies and DWR to develop a two-year water transfer program based in part on the 2009 Drought Water Bank. In 2012, the agencies will pursue a 10-year Water Transfer Program, intended to streamline the environmental review associated with potential transfers and move transferred water to the market faster.

Priority study of the Two Gates project, proposed barriers in the south delta to direct threatened fish away from state and federal water pumps.

Assistance for the National Academy of Sciences, which announced last week that it has started its own review of rules that aim to protect delta fish but restrict the state’s water supply.

Stepped-up research on other factors that impact the delta environment, such as chemicals, stormwater runoff, inadequately treated wastewater and the leaching of toxics such as mercury.

Noble said the new federal work plan for the delta is encouraging because many actions Farm Bureau called for have been incorporated, “but the problem for California’s farmers is that they must act now to plant the crops they’ll grow in coming months.” With storage in California’s major reservoirs at a mere 39 percent of capacity as the current water year began and with the first snow survey of the season coming in below average, the outlook for adequate water supplies for irrigation remains in doubt.

“The snowpack is not the issue,” Starrh said. “The issue is regulations that allow so much of our water to just go out to sea.”

To review the federal work plan online, go to www.doi.gov.

A protest of a substantial water diversion and impoundment this fall on the San Marcos River has picked up mor steam after an initial protest gathering on September 26 (see earlier post).

The dispute concerns a new housing development at Martindale, Texas – a development that uses so much water, they said, that it could harm general water supplies in the area.

The development, near the San Marcos River (and roughly in between Austin and San Antonio), which covers about 200 acres, is based around the Emmett Harper Ranch. Substantial water rights, amounting to about 150 acre feet per year, were attached to the ranch, and more were obtained besides. Some of the water rights might have been lost, ordinarily, because of lack of need for beneficial use.

However, developer Gordon Hall said that he planned to built in the gated community not only 100 houses but also extensive parkland and three lakes.

The conversion of use has upset a number of neighbors from Hays, Caldwell and Guadalupe counties, who are concerned that the large amount of water use at the San Marcos River Ranch (as the development is called) could impact other neighboring water uses. [see the San Marcs (TX) Daily Record, September 25]

Beyond them, it has energized the San Marcos River Foundation and the Texas Rivers Protection Association which helped set up the September 26 protest and are continuing action.

News reports also noted that drought conditions are underway across much of Texas, and this has been a factor in concerns as well.

The Tennessee Valley Authority in August decided to kill a program allowing for trade not in water use but in access to water along the Watts Bar Reservoir, located in Roane County.

Tennessee is a riparian state, so that property owners along the reservoir generally have access rights to the reservoir along their property. The TVA set up a program allowing those property owners to trade access rights.

However, the Knoxville News-Sentinel reported in 2008 that questions had arisen about a trade involving a group of developers who were closely tied to a member of Congress, Health Shuler, of North Carolina. No legal or ethical violations were alleged, but concerns about conflicts of interest were raised.

Another prospect for aquifer recharge: The Virgin Valley Water District, which has been receiving more water from the Virgin River than it needs.

Recharge is still only in the study stages. But a district hydrologist said in a report, “One option available to VVWD is to evaluate the potential of artificial recharge into the groundwater aquifer and store the unused permitted water underground to minimize evaporative loss. The recharged water can be recovered at a later date when VVWD needs to utilize the available water resource.”

[see St. George (UT) Desert Valley Times, April 21]

The Bureau of Reclamation has completed the Yakima River Basin Water Storage Feasibility Study Final Planning Report/Environmental Impact Statement and is distributing it to the public in anticipation of its formal filing with the US Environmental Protection Agency on December 19.

The purpose of the storage study is to develop and evaluate alternatives that could create additional water storage for the Yakima River basin and assess their potential to improve anadromous fish habitat, enhance the reliability of irrigation water supplies during dry years, and provide water to meet future municipal water demands.

In the Final PR/EIS, Reclamation identifies and evaluates four alternatives – three joint alternatives and the No Action alternative. The four alternatives are: ” No Action ” Black Rock ” Wymer Dam and Reservoir ” Wymer Dam Plus Yakima River Pump Exchange
Reclamation selected the No Action alternative as the preferred alternative because the evaluation revealed that each joint alternative:

” Required significant investment of federal funds ($1 billion to $7.7 billion) plus millions of dollars in annual operating costs ”

Did not provide positive benefit-cost ratios required to be considered economically justified ”

Accrued natural resource benefits, for anadromous fish, in varying degrees ”

Met the municipal water supply goal ”

Did not have acceptability by the community at large as a stand-alone approach to meeting the Storage Study goals ”

Did not adequately meet the four criteria, completeness, effectiveness, efficiency, and acceptability, used to evaluate federal water resource projects

Only the Black Rock alternative consistently met the irrigation water goal. “None of the alternatives adequately met the criteria or were economically justified.

Additionally, they could not provide adequate fishery benefits to be considered the preferred alternative,” said Gerald Kelso, manager of Reclamation’s Upper Columbia Area Office.

Normally, following publication of a Final EIS, Reclamation would not make a decision on how to proceed for at least 30 days; however, since this Final PR/EIS contains new information about the Black Rock Alternative seepage mitigation features, there will be a 45-day comment period for the Final PR/EIS. Responses to these comments will be included in a record of decision, anticipated to be completed in the spring of 2009.

Contact David Kaumheimer, Environmental Program Manager. Phone: (509) 575-5848 ext. 232; Fax: (509) 454-5650. TTY users may dial 711 to obtain a toll free TTY relay. Or email: storagestudy@pn.usbr.gov.

The South Florida Water Management District has approved the investment of an additional $5 million for the development of alternative water supplies to better protect water resources for the public and the environment across South Florida. Together with water conservation measures, developing alternative water supplies will help ensure a more reliable and sustainable supply of water.

In September, the District Governing Board invested more than $22 million in 24 projects to help local communities build alternative water supply projects. This includes $3.8 million in matching funds from the state.

On November 13, the board authorized using an additional $5 million to pay for 15 more projects. When completed, these 39 projects will collectively provide nearly 27 million gallons of additional water per day. That’s the average daily water use of nearly 151,000 South Florida residents.

Alternative water supplies include treatment of saltwater and brackish water, capture and storage of surface water during wet weather, and use of reclaimed water and stormwater from reservoirs or aquifer storage and recovery systems. Once constructed, projects that produce usable water from these sources will provide a community with millions of gallons of additional water supply.

As part of the District’s selection process, alternative water supply project proposals were evaluated for meeting funding criteria, such as minimizing impact on existing water resources, reducing local competition for water and producing a high quantity of alternative water supply relative to project cost. In addition, the projects were required to be ready for construction upon grant award and be consistent with existing regional water supply plans.

The District administers funds through the Alternative Water Supply Funding Program. Cities, utilities, homeowners associations, community development districts and other water users and suppliers can be awarded up to 40 percent of a project’s construction costs, based on total funding available and project type. Project sponsors finance the balance, although economically disadvantaged communities may be eligible for full funding.

Florida’s growing population has focused attention on future availability of sufficient water supplies. Since 2005, the state legislature has approved annual funding for diversifying water resources, specifically the development of alternative water supplies. The District and the State of Florida have invested approximately $163 million since 1996 to fund more than 400 alternative water supply projects. These projects collectively are adding more than 300 million gallons per day of “new” water to the regional supply.

For more information about alternative water supply and related funding programs from the South Florida Water Management District, visit www.sfwmd.gov. Contact: Randy Smith South Florida Water Management District Office: (561) 682-6197 or Cellular: (561) 389-3386

At the Guadalupe-Blanco River Authority’s 75th anniversary celebration Friday, October 24, General Manager Bill West announced a significant new water project to address the needs of the Interstate 35 and Highway 130 corridors. This area is experiencing major growth and the new project could yield as much as 25,000 to 30,000 acre-feet of water per year to help meet the water demands in the area.

Along with partners, GBRA is working on a new surface and groundwater conjunctive use project.

“GBRA filed a water permit application for diversion of unappropriated water out of the Guadalupe River at Gonzales,” said West. “This new water right, along with water from other sources, including groundwater, will help meet the water demands where major growth is occurring.”
According to West, the project could come online in the next five to seven years.

Speaking before an audience of about 300, West also announced the establishment of the new San Antonio Bay Foundation which will serve as a vehicle for the protection and preservation of the Bay and Estuary at the end of the Guadalupe River Basin. He also announced the upcoming publication of a three-volume book detailing the 75-year history of the GBRA written by board member emeritus John Taylor.

Contact: LaMarriol Smith Guadalupe-Blanco River Authority (830) 379-5822 lsmith@gbra.org

The U.S. Environmental Protection Agency is approving the Navajo Nation’s application to administer the underground injection control program for oil and gas-related injection wells.

The UIC program authorizes specific waste streams to be injected, and prescribes operating measures to ensure that underground sources of drinking water are protected. Under the Navajo Nation’s UIC program, the tribe will have authority to issue permits, conduct inspections, participate in enforcement actions, and support the EPA’s annual reporting.

The program will apply to roughly 400 existing oil and gas-related injection wells, known as class II wells, and any future wells located within the exterior boundaries of the formal Navajo Reservation, and on Navajo Nation tribal trust lands and trust allotments in the Eastern Agency – an area of Navajo Indian land located outside the boundaries of the formal reservation.

The EPA determined that the Navajo Nation’s class II UIC program is at least as stringent as the federal program. The Navajo Nation, which assisted the EPA in implementing and enforcing federal regulations on Navajo lands, modeled its program after the EPA’s program.
The Navajo Nation has worked diligently over the past several years to develop an effective program by enacting the Navajo Nation Safe Drinking Water Act—putting into law UIC regulations, and developing the technical, permitting and enforcement capacity to fully implement the injection well program.

The final rule will publish in the Federal Register within the next week. Additional information about this action is available on the EPA’s Web site at: http://www.epa.gov/region09/water/groundwater/navajonation

The Oglala Sioux Tribe along with the Bureau of Reclamation held a celebration on August 20 to celebrate the delivery of water to the community of Wanblee, S.D., from the Mni Wiconi Rural Water Supply Project.

The public is invited to attend the celebration that will be held at Crazy Horse School in Wanblee, S.D. The celebration will begin at 10 a.m. with Mr. Frank Means serving as Master of Ceremonies; Oglala Sioux Tribe President John Steele will provide opening remarks followed by keynote speaker, Bureau of Reclamation’s Commissioner Robert Johnson. In addition to numerous honorary speakers, guest speakers include South Dakota’s Congressional Delegation, Rosebud Sioux Tribe President Rodney Bordeaux, Lower-Brule Sioux Tribe President Mike Jandreau and former West River / Lyman-Jones manager Mr. Mike Kurle.

Prior to the construction of the Mni Wiconi Rural Water Supply Project most people in southwestern South Dakota had serious water quantity and water quality problems. Fortunately some people had the foresight of a regional rural water system to address those problems. Many more people worked together to get this Project authorized, to get it funded, to design and build it, and to maintain it.

The Bureau of Reclamation credits Tribal, state and local officials and agencies for having the vision to bring water to the Pine Ridge Reservation; that vision is now a reality. The Mni Wiconi project is a true testament that people can work together to develop a solution and overcome a common problem. The Mni Wiconi project would not have happened if it were not for the cooperative efforts of all of its sponsors. When completed, the Mni Wiconi Rural Water Supply Project will supply water to the Lower Brule, Pine Ridge, and Rosebud Reservations as well as the West River/Lyman-Jones Rural Water System. West River/Lyman-Jones serves the people located in nine counties outside of the reservations.

For more information regarding the celebration, contact Willard Clifford at 605-455-1367 or Paul Little at 605-455-2767.
U.S. Bureau of Reclamation, Great Plains Region August 18; Contact: Willard Clifford (605) 455-1367 or Patience Hurley (701) 221-1204