Ridenbaugh Press/Water Rights

Secretary of the Interior Ken Salazar said on January 16 that he will return to his home state of Colorado, having fulfilled his promise to President Obama to serve four years as Secretary. Secretary Salazar has informed President Obama that he intends to leave the Department by the end of March.

“Colorado is and will always be my home. I look forward to returning to my family and Colorado after eight years in Washington, D.C.,” said Secretary Salazar. “I am forever grateful to President Obama for his friendship in the U.S. Senate and the opportunity he gave me to serve as a member of his cabinet during this historic presidency.”

“I have had the privilege of reforming the Department of the Interior to help lead the United States in securing a new energy frontier, ushering in a conservation agenda for the 21st century, and honoring our word to the nation’s first Americans,” added Salazar. “I thank the more than 70,000 employees at the Department for their dedication to our mission as custodians of America’s natural and cultural resources. I look forward to helping my successor in a seamless transition in the months ahead.”

Secretary of the Interior Ken Salazar on December 12 announced the release of a study – authorized by Congress and jointly funded and prepared by the Bureau of Reclamation and the seven Colorado River Basin states – that projects water supply and demand imbalances throughout the Colorado River Basin and adjacent areas over the next 50 years. The Colorado River Basin Water Supply and Demand Study, the first of its kind, also includes a wide array of adaptation and mitigation strategies proposed by stakeholders and the public to address the projected imbalances.
The average imbalance in future supply and demand is projected to be greater than 3.2 million acre-feet by 2060, according to the study. One acre-foot of water is approximately the amount of water used by a single household in a year. The study projects that the largest increase in demand will come from municipal and industrial users, owing to population growth. The Colorado River Basin currently provides water to some 40 million people, and the study estimates that this number could nearly double to approximately 76.5 million people by 2060, under a rapid growth scenario.

“There’s no silver bullet to solve the imbalance between the demand for water and the supply in the Colorado River Basin over the next 50 years – rather, it’s going to take diligent planning and collaboration from all stakeholders to identify and move forward with practical solutions,” said Secretary Salazar. “Water is the lifeblood of our communities, and this study provides a solid platform to explore actions we can take toward a sustainable water future. While not all of the proposals included in the study are feasible, they underscore the broad interest in finding a comprehensive set of solutions.”

Authorized by the 2009 SECURE Water Act, the study analyzes future water supply and demand scenarios based on factors such as projected changes in climate and varying levels of growth in communities, agriculture and business in the seven Colorado River Basin states of Arizona, California, Colorado, New Mexico, Nevada, Utah, and Wyoming.

The study includes over 150 proposals from study participants, stakeholders and the public that represent a wide range of potential options to resolve supply and demand imbalances. Proposals include increasing water supply through reuse or desalinization methods, and reducing demand through increased conservation and efficiency efforts. The scope of the study does not include a decision as to how future imbalances should or will be addressed. Reclamation intends to work with stakeholders to explore in-basin strategies, rather than proposals – such as major trans-basin conveyance systems – that are not considered cost effective or practical.

“This study is one of a number of ongoing basin studies that Reclamation is undertaking through Interior’s WaterSMART Program,” said Assistant Secretary for Water and Science Anne Castle. “These analyses pave the way for stakeholders in each basin to come together and determine their own water destiny. This study is a call to action, and we look forward to continuing this collaborative approach as we discuss next steps.”

WaterSMART is Interior’s sustainable water initiative and focuses on using the best available science to improve water conservation and help water-resource managers identify strategies to narrow the gap between supply and demand. The WaterSMART program includes Reclamation’s Water and Energy Efficiency grants, Title XVI Reclamation and Recycling projects, and USGS’s Water Availability and Use Initiative.”This study brings important facts and new information to the table so that we can better focus on solutions that are cost effective, practical and viable” said Bureau of Reclamation Commissioner Mike Connor. “We know that no single option will be enough to overcome the supply and demand gap, and this study provides a strong technical foundation to inform our discussions as we look to the future.”

Spanning parts of the seven states, the Colorado River Basin is one of the most critical sources of water in the western United States. The Colorado River and its tributaries provide water to about 40 million people for municipal use; supply water used to irrigate nearly 4 million acres of land, and is also the lifeblood for at least 22 Native American tribes, 7 National Wildlife Refuges, 4 National Recreation Areas, and 11 National Parks. Hydropower facilities along the Colorado River provide more than 4,200 megawatts of generating capacity, helping meet the power needs of the West.

Throughout the course of the three-year study, eight interim reports were published to reflect technical developments and public input. Public comments are encouraged on the final study over the next 90 days; comments will be summarized and posted to the website for consideration in future basin planning activities.

The full study – including a discussion of the methodologies and levels of uncertainty – is available at www.usbr.gov/lc/region/programs/crbstudy.html.

The seven states in the Colorado Basin also reached an agreement on some basic principles in response to the study. From that agreement:

Additional Conservation and Reuse

The Basin Study recognizes that many municipal agencies in each state have implemented water conservation and reuse to meet the water needs of their growing populations and have incorporated comprehensive conservation programs into their planning to meet future demands. These conservation reductions are included in the forecast of future demands in the Basin Study. Municipal conservation can only be implemented step by step, providing a balance between water rates, demand elasticity, and demand hardening during droughts. Municipalities will continue to evaluate additional conservation and reuse, over and above what is already
reflected in the Basin Study demand scenarios, and implement necessary programs on a case by case basis considering local conditions.

In many states, significant agricultural conservation programs are already in place. Additional agricultural conservation, above that already included in the calculation of demands, will require significant additional investment. Agricultural water transfers are being implemented within the Law of the River, represented for example by forbearance of agricultural water use, and new transfers are under evaluation in many states. Many of the states are also exploring alternatives to permanent agricultural transfers, and these types of alternatives are being further analyzed and implemented. Only projects that actually reduce consumptive use will reduce the imbalances between future supply and demands. This Basin Study identifies additional conservation and transfer opportunities that will be considered by entities as appropriate through
local and/or state measures. While these local and state programs will offer a partial solution in some areas of the Basin, they may be, in many cases, problematic because much of the water diverted for use within the Basin returns to the river or a tributary for use by others downstream.

Water banking has been ongoing in the lower Basin for many years. A number of water banking options were submitted for consideration by the Basin States and Reclamation. A representative water banking option was included within the Basin Study to conceptually explore water banking. This option demonstrated that there are a number of legal, policy, and institutional barriers to implementing an Upper Basin water bank, however, the benefits associated with this option clearly demonstrate the need for additional exploration and analysis of this and similar concepts.

There are many watershed and regional solutions already being implemented and explored by the states and water agencies. For example, the states and water agencies have jointly been funding weather modification pilot programs for over five years as well as land and vegetation management options. All of these regional solutions are outlined in the Basin Study. The Basin States and relevant water agencies are committed to evaluating and implementing programs and options that have the greatest potential to yield additional supply. Although generally observed to be effective, the potential to generate additional water can vary
significantly from year to year, and it is often very difficult to quantify the additional amounts of water generated at particular locations within the river system. Accordingly, regional implementation of these options would likely need to be used to augment the river on a Basin wide basis.

Desalination and Importation Solutions

The large demand and supply imbalances projected at the latter part of the planning horizon can realistically be met only with implementation of a variety of options and strategies. Of the options analyzed, only large scale desalination and importation projects provide the reliability and quantity of water necessary to meet many of the plausible projected supply/demand imbalances. Future population growth in the Basin, the uncertainty of the reliability of the Colorado River supply and long lead times for implementation of projects, dictate that the Basin States and the Federal Government must start evaluating options for developing such project(s) immediately. For example, permitting and construction of large scale desalination projects may take 20 years or more before the projects become operational. The Basin States, in cooperation with appropriate Federal agencies will form a partnership to immediately begin developing a process to consider feasible options for developing large scale desalination and/or importation project(s), with the goal of having such project(s) in operation before the end of the planning horizon (by 2060).

Other Commitments

Modification to the operations of Lakes Powell and Mead was implemented in 2007 through the “2007 Guidelines” and will be effective through 2026 with re-consultation to occur no later than 2020 or if Lake Mead reaches an elevation of 1,025 feet. The Basin Study does not contemplate any changes to the 2007 Guidelines. Within the context of the 2007 Guidelines, Basin States’ representatives will begin discussions of additional measures or approaches to be
taken at a Lake Mead elevation of 1,025 feet.

The Basin Study has again demonstrated to Reclamation and the Basin States the great interest in the future of the Colorado River by a wide variety of stakeholders—tribes, recreational entities, power providers, environmental organizations and conservation groups. As work continues following the completion of the Basin Study and based on its recommendations, the Basin States and Reclamation will continue to work with key stakeholders to explore solutions.

The Basin Study provides tools for water resource planning for the Colorado River Basin. The Basin States will work with Reclamation to evaluate progress regarding consideration of options listed in the Basin Study, evaluate the ability to use the tools developed for the Basin Study, and update water demands and supply scenarios on a five-year time frame. In addition, the Basin States will work with Reclamation to support improvements in the modeling and analytical tools used in the Basin Study and the information developed to support those tools, including those improvements specifically described in Appendix C5 of Technical Report C – Water Demand Assessment.

The Basin States will work with local, state, and federal representatives, and a wide array of diverse and interested stakeholders, to obtain funding to aid in the assessment and implementation of the above listed initiatives.

Secretary of the Interior Ken Salazar on November 29 announced $21 million in federal funding under the Soboba of Luiseño Indians Settlement Act, marking the final step in an historic water rights settlement and fulfilling promises made to the Soboba Band and southern California communities when the Act was approved by Congress in 2008. The implementation of the settlement is expected to stabilize water supplies in the region and enhance economic development opportunities for the Band and its neighboring communities.

“Today we bring to a close more than 150 years of conflict and decades of litigation between the Soboba Band and neighboring communities over the San Jacinto River Basin’s limited water resources,” said Secretary Salazar. “Thanks to collaboration among the Band, the water districts and the U.S. government, the funds we are releasing today will have a real, lasting impact when it comes to a secure water supply and spurring economic development for the Soboba nation and the neighboring communities.”

Disputes and litigation over the water resources date back to the late 1800’s with multiple non-Indian water diversion from the San Jacinto River and the construction into the 1930’s of the San Jacinto tunnel, a component of the Colorado River Aqueduct that transports water from the Colorado River to southern California. Years of growth in the region – which now serves over 18.5 million Californians – drastically affected groundwater supplies relied upon both by Band and the local communities of Hemet and San Jacinto.

The water rights settlement resolves longstanding disputes by providing the Soboba Band with quantified water rights and assurances of water supplies for its 6,000-acre reservation, as well as establishes a framework for regional water management that will help to restore groundwater levels and prevent ongoing overdrafts of this important basin.

Publication of yesterday’s Federal Register notice releases more than $11 million to cover the Band’s costs for important water and sewer infrastructure on its reservation.

The action also makes $10 million held in the San Jacinto Basin Restoration Fund available to two neighboring water districts – Lake Hemet Municipal Water District and Eastern Municipal Water District – for a groundwater restoration and recharge project. The Metropolitan Water District of Southern California, which is also a party to the settlement, will provide much of the water needed for the project, a total of 7,500 acre-feet of imported water each year until at least 2035. The provisions for recharge of the San Jacinto River Basin aquifer, which could not have been achieved through litigation, will also enable the development of thousands of acres of residential and commercial land.

“This funding gets a fair resolution on Indian water rights over the finish line,” said Deputy Secretary David J. Hayes. “Water is the lifeblood of our communities, and I’m pleased that we can now begin a new chapter on water in this region – one marked by certainty, restoration and economic activity.”

Under the Act, the Soboba Band receives an adequate and secure future water supply (9,000 acre-feet per year); $18 million from the water districts for economic development; and 128 acres of land near Diamond Valley Lake for commercial development.

In addition to the federal funding for the aquifer recharge project, Soboba’s neighboring communities will receive up to 100 acres of Soboba reservation land for endangered species habitat and up to 4,900 acre-feet of Soboba water for 50 years for basin restoration.

Secretary of the Interior Ken Salazar said on May 19 that the Bureau of Reclamation has selected 54 new projects in western states to receive a total of $24 million in WaterSMART Water and Energy Efficiency Grants. Once funded and completed, these projects will save an estimated 102,221 acre-feet of water each year, or enough water for more than 400,000 people. In addition, 24 of the projects are expected to save more than 15 million kilowatt-hours of electricity per year, enough electricity for more than 1,300 households.
“Drought, climate change, growing populations, energy demands and basic environmental needs are stressing our finite water and energy supplies,” said Secretary Salazar. “Since we established the WaterSMART program, the 92 grants awarded will result in savings of enough water for an estimated 950,000 people. WaterSMART grants will also save energy, and help America become less dependent on sources of energy that are costly, non-renewable and harm the environment.”

Established in February 2010 by Secretary Salazar, the WaterSMART program facilitates the work of all bureaus of the Department of the Interior to pursue a sustainable water supply for the nation. It establishes a framework to provide federal leadership and assistance on the efficient use of water, integrating water and energy policies to support the sustainable use of all natural resources, and coordinating the water conservation activities of the various Interior offices. The Bureau of Reclamation plays a leading role in the WaterSMART program as the Department’s water management agency.

“It is through actions such as the WaterSMART grants that the Bureau of Reclamation continues to work with water districts, communities, other government agencies and Native American Tribes to improve water and energy efficiencies in the West,” Reclamation Commissioner Michael L. Connor said. “By working together, we can find more efficient ways to use the water available in the West to protect jobs, enhance the use of clean energy and promote the sustainable use of limited resources.”

These newest WaterSMART Water and Energy Efficiency Grant projects will leverage federal funding with non-federal cost share to complete more than $76 million in water management and delivery improvements. These projects will improve water management, increase energy efficiency in the delivery of water, facilitate water marketing projects, help to protect endangered and threatened species, and carry out other activities to address climate-related impacts on water or prevent water-related crisis and conflict.

The East Columbia Basin Irrigation Company in Washington, for example, will save electricity through its WaterSMART grant. The irrigation company will convert more than 85,000 feet of open ditch to pipelines to address seepage losses. The improvements are expected to result in a water savings of 7,850 acre-feet each year. The company estimates these improvements will result in a savings of 4.3 million kilowatt-hours of electricity per year because they eliminate the need to pump the water through Grand Coulee Dam.

Through WaterSMART, the Richvale Irrigation District in northern California will implement an online Geographic Information System and irrigation flow-event recording system. These systems will enable them to improve flow management, reduce leaks and spills, and conserve water by providing continuous feedback on consumption to growers. This project is expected to save 11,500 acre-feet of water annually–which will remain in the Butte Basin for other water users.

The Three Sisters Irrigation District in Oregon will use its WaterSMART award to conserve water for environmental needs in the Upper Deschutes Basin. The district will use $859,149 to replace 20,000 feet of open canal with pipe expected to result in 750 acre-feet of water savings annually. The water conserved will then be marketed through the Deschutes River Conservancy for a protected instream right to support critical habitat for bull trout, red band trout, summer steelhead and chinook salmon.

The district also will install a 950-kilowatt capacity turbine generator as part of the project. This renewable energy source is expected to supply 3.1 million kilowatt-hours of electricity annually.

The Boise Project Board of Control in Idaho will receive $578,938 towards a $1.7 million project that will install an 839 kilowatt capacity hydroelectric power plant. The WaterSMART Grant will also allow the Board to implement flow control devices, including a Supervisory Control and Data Acquisitions system to reduce spills in the canal system, expected to result in an annual water savings of 3,218 acre-feet.

Projects such as the Three Sisters Irrigation District and the Boise Project Board of Control are increasing energy capacity by adding renewable energy in the delivery of water in the western United States. Five projects will implement renewable energy components and are estimated to increase the energy capacity by 3,066 kilowatts.

The Bureau of Reclamation considered proposals from water districts, municipalities and Native American Tribes across the West. This year Reclamation received 178 applications, which together requested more than $73.8 million in federal funding. Projects were ranked through a published set of criteria in which points were awarded for those projects that conserve water, incorporate renewable energy or address the water-energy nexus, address Endangered Species Act concerns, contribute to water supply sustainability, or incorporate water marketing. Another similar funding opportunity is planned for this summer.

The Bureau of Reclamation has completed a three-year long environmental assessment on the impacts of providing funding for construction of the Eastern New Mexico Rural Water System Project, and issued a finding of no significant impact on the environment.

The Eastern New Mexico Rural Water System is intended to pipe water from Ute Reservoir in northeastern New Mexico to serve the domestic water needs of approximately 60,000 people in the communities of Clovis, Elida, Grady, Melrose, Portales and Texico; Curry and Roosevelt counties; and Cannon Air Force Base.

“Reclamation is proud to be involved in a project of this magnitude that will serve to benefit many people in eastern New Mexico,” said Albuquerque Area Office Manager Mike Hamman after signing the Finding of No Significant Impact on January 28. “This document was one of the last remaining steps before construction could begin on this project.”

Reclamation was authorized by the Omnibus Public Land Management Act of 2009 to provide federal funds as appropriated by Congress to the Eastern New Mexico Water Utility Authority for the construction of the pipeline, intake structure, storage, pumping, water treatment, and delivery facilities. Preliminary cost estimates for the project are approximately $436 million, of which the federal government portion is 75 percent; the state of New Mexico’s portion is 15 percent; and the ENMWUA’s portion is 10 percent.

The project area considered in the EA, prepared in cooperation with the New Mexico Interstate Stream Commission, includes portions of Quay, Curry and Roosevelt Counties. The project would deliver 16,450 acre-feet of water annually from Ute Reservoir to the participating communities to meet a portion of current and future water supply needs. The planning horizon considered in this EA is to 2060, which is within the normal range for water supply projects.

Interior Secretary Ken Salazar and Mexican Environment and Natural Resources Secretary Juan Rafael Elvira Quesada on December 20 announced completion of an agreement, known as ‘Minute 318,’ to adjust water deliveries on the Colorado River to areas damaged by a devastating earthquake on April 4.

Following their meeting in Mexico City, the Secretaries also announced a commitment by the two governments to initiate, in January 2011, high-priority discussions on a comprehensive long-term agreement between the U.S. and Mexico on the management of the Colorado River.
“Through this water agreement, the U.S., Mexico, and the seven Colorado River Basin states are bringing resources together for our mutual benefit and for the benefit of our neighbors whose irrigation systems and livelihoods have been damaged by the Easter Sunday earthquake,” said Salazar, who is in Mexico City to discuss water, conservation, and natural resource issues with President Calderon and Mexican government officials. “Minute 318 is a remarkable achievement from a humanitarian perspective, but it also lays important groundwork for a much-needed comprehensive water agreement with Mexico on how we manage the Colorado River.”

“Water users and stakeholders up and down the Colorado River have a strong interest in a comprehensive water agreement that would enhance reliability, certainty, and efficiency of water deliveries,” said Bureau of Reclamation Commissioner Michael Connor, who coordinated with the seven Colorado River Basin States and the International Boundary and Water Commission to reach the Minute 318 agreement. “The good faith negotiations that resulted in Minute 318 will help pave the way toward the comprehensive agreement for Colorado River management that is so needed on both sides of the border.”

Secretary Salazar and Secretary Elvira commended the work by the U.S. and Mexican Commissioners of the International Boundary and Water Commission, Edward Drusina and Roberto Salmon, who led their respective nation’s negotiation teams for Minute 318.

Under Minute 318, Mexico will be able to temporarily defer delivery of a portion of its annual Colorado River water allotment while repairs are made to the irrigation system in the Mexicali Valley of Baja California as a result of an April 4, 2010 earthquake. This agreement is founded on the 1944 Water Treaty between the U.S. and Mexico.

The U.S. House on November 30 joined the Senate in passing the Claims Settlement Act of 2010, part of which related to farm payments but another part seeking to settle four water right suits filed by Indian tribes.

In his statement on the measure, President Barack Obama said “This bill also provides funding for settlements reached in four separate water rights suits brought by Native American tribes, and it represents a significant step forward in addressing the water needs of Indian Country.”

Spokesmen for the Departments of Justice, Interior and Agriculture applauded the bipartisan House passage of the Claims Settlement Act. The Act, which recently passed the Senate, will provide long-awaited funding for the agreements reached in the Pigford II lawsuit, brought by African American farmers; the Cobell lawsuit, brought by Native Americans over the management of Indian trust accounts and resources; and four separate water rights suits made by Native American tribes. President Obama has said that he will sign the legislation into law.

“These are truly historic settlements that do not only resolve litigation, but also offer a new relationship between many deserving Americans and the federal agencies that play an important role in their lives,” said Attorney General Eric Holder. “Bringing this litigation to a close has been a priority for this Administration, and today’s vote in Congress is a significant, historic achievement. These cases provide fair deals for the plaintiffs and for the American taxpayers.”

“Congress’ approval of the Cobell settlement and the four Indian water rights settlements is nothing short of historic for Indian nations,” Secretary of the Interior Ken Salazar said. “The settlements honorably and responsibly address long-standing injustices and represent a major step forward in President Obama’s agenda to empower tribal governments, fulfill our trust responsibilities to tribal members and help tribal leaders build safer, stronger, healthier and more prosperous communities.”

“President Obama and I made a firm commitment not only to treat all farmers fairly and equally, but to right the wrongs in USDA’s past,” said Agriculture Secretary Tom Vilsack. “I applaud those who took this historic step to ensure black farmers who faced discrimination by their government finally receive justice. And I commend those who led this fight in the U.S. Congress and I am thankful for their unwavering determination. Today’s vote will help the Department of Agriculture move beyond this sad chapter in history. The bill that passed the Senate and House includes strong protections against waste, fraud, and abuse to ensure integrity of the claims process. In the months and years ahead, we will not stop working to move the Department into a new era as a model employer and premier service provider. We also must continue the good work we started to resolve all remaining administrative claims.”

Secretary Ken Salazar meets with the Colorado River governors/Department of Interior

Secretary of the Interior Ken Salazar and other senior Interior Department officials on November 30 met with representatives of the Colorado River Basin states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming.

As a record drought goes into its eleventh year, Secretary Salazar called today’s meeting to discuss a number of ongoing water issues confronting the Department and the States, and to continue the collaboration that has historically occurred on such issues.

At today’s meeting, the state and departmental representatives renewed their commitment to a strong working partnership with open lines of communication in order to tackle the challenges ahead.

The Colorado River provides drinking water for more than 25 million people and water for agriculture, industry, and renewable hydroelectricity. It is also the lifeblood of the Grand Canyon and other national parks, wildlife refuges and ecosystem services. The period from 2000 to 2010 has been the driest 11-year period in more than 100 years of recorded history in the basin. Accordingly, the challenges associated with meeting the many demands placed on this limited resource are growing.

A dam on the Klamath River

When the sponsor of Senate Bill 76 stood up in the Oregon House today, an obvious question arose immediately. The sponsor was Representative Ben Cannon, a Portland Democrat. The bill has to do with removal of four dams on the Klamath River, about 300 miles south from Portland. So why Cannon and not someone more local?

After all, the bill was described as (this is from the official House Democratic description) “the product of a negotiated agreement between Oregon, Washington, California, the federal government and PacifiCorp. It is supported by over two dozen groups including agriculture interests, conservation groups, utility companies, Native American tribes and other affected participants who developed the Klamath Basin Restoration Agreement.”

Sounds pretty sweeping. And Cannon was a capable floor sponsor. But the rest of the story emerged right after, as the representative from the Klamath Falls area (his district covers the river basin area in question) stood to speak against the bill. That was Bill Garrard, R-Klamath Falls, who offered an impassioned argument against the bill.

There’s a long history here, as anyone who’s followed the Klamath debate knows, ranging from water shutoffs to full flows, variously helping and hurting fish, farmers and other interests. There have been high-profile protests and much more.

The recent settlement, from last year, appeared to bring an end of much of this – at least put an end in sight, with proposed demolition (years from now, probably after 2020) of four dams and a string of concessions to various parties. On the surface, it looked like a deal (somewhat resembling in construct the Nez Perce/Snake River deal in Idaho a few years back). However. Continue Reading »

Interior Secretary Ken Salazar, on a trip to Georgia, said that (in contrast to the Bush Administration) his agency will not try to intervene to develop a settlement in the long-running Georgia-Alabama-Florida dispute over the Apalachicola-Chattahoochee-Flint River basin.

Salazar spoke at one of the heated center-points of the dispute, in Georgia after a visit to much-battled-over Lake Lanier along with Governor Sonny Perdue.

“I do not see us as coming in and hammering heads and getting the deal done,” he was quoted as saying.

Salazar was headed next to Florida and a visit there with Governor Charlie Crist. [see Atlanta (GA) Journal-Constitution, May 27]