Ridenbaugh Press/Water Rights

The San Diego County Water Authority said the state Department of Water Resources’ announcement Monday of a low initial allocation of water deliveries to the State Water Project was expected due to continuing dry conditions this fall and serves as the latest reminder of the region’s need to increase voluntary water conservation.
The Department of Water Resources (DWR) announced its initial allocation for water deliveries to SWP contractors in calendar year 2008 would be 25 percent, a significant reduction from the 60 percent initial allocation for calendar year 2007. This is the lowest initial allocation since 2003.
The lower initial allocation was expected because of current dry conditions in the Sacramento and San Joaquin regions, whose rivers convey runoff from the Sierra mountain range to the Sacramento-San Joaquin Bay-Delta and the State Water Project pumps, and because of lower-than-average storage levels in major reservoirs in Northern California. The initial allocation also takes into account the projected impacts from the federal court decision in August 2007 aimed at protecting Delta smelt. That court decision will restrict State Water Project pumping starting December 25, 2007 and through 2008.
“Usually, DWR begins with a conservative allocation, so it is too early to tell what the final amount of water deliveries from the State Water Project to our region will be,” said Fern Steiner, chair of the Water Authority’s Board of Directors. “As the water year progresses, that allocation can increase based on winter storm conditions. DWR typically determines its final water delivery allocation to the SWP by May 1. If we have another dry year we most likely would not see a significant increase, which reinforces the need for our region to meet our target of reducing our water use by 20 gallons per person, per day.”
About 40 percent of all water used in San Diego County comes from the State Water Project. SWP water is distributed among 29 long-term contractors that serve more than 25 million Californians. The Water Authority gets its SWP water from the Metropolitan Water District of Southern California, the SWP’s largest contractor.
SWP contractors had requested 4,145,124 acre-feet of water for 2008. DWR’s initial allocation for 25 percent of the water contractors’ total request equals 1,038,861 acre-feet. An acre-foot is 325,900 gallons, the approximate amount of water two families of four use in one year.
Steiner said the Water Authority will continue to monitor weather and water supply conditions and developments from the federal court decision that may affect SWP water deliveries. If necessary, she said, the Authority will implement additional steps in its Drought Management Plan. The plan can be viewed at www.sdcwa.org/manage/pdf/DroughtManagementPlanFinal.pdf
November 27 Contact: John Liarakos Office (858) 522-6703 Mobile (858) 761-2544; Jason Foster Office (858) 522-6709 Mobile (858) 761-5950

Key water providers in the state announced November 29 a settlement of disputed Eagle River Basin water rights. The resolution of the contested water rights signals the willingness of Front Range and West Slope water users to find mutually beneficial solutions to water rights issues that have divided them in the past.
Signatories to the agreement are Denver’s Board of Water Commissioners, the Upper Eagle Regional Water Authority, the Eagle River Water and Sanitation District, the Colorado River Water Conservation District, and the Northern Colorado Water Conservancy District and its Municipal Subdistrict.
As part of the historic settlement, Denver Water will transfer several of its Eagle Basin water rights to the Colorado River Water Conservation District. The River District will then retire some of the rights and join with the Eagle County entities to use other rights to help maintain the viability of a proposed multiple-use project near Wolcott in Eagle County. Denver Water will retain water rights for the reservoir and certain water diversions related to the project. The proposed project has the potential to provide water supply directly to the West Slope and indirectly to East Slope communities, while also benefiting recreation and endangered species, although no decision to build a reservoir has been made at this time.
At issue in the settlement are water rights held by Denver Water, the state’s largest municipal water provider, in the Eagle Basin. Colorado water law requires holders of water rights that have not yet been developed to return to court periodically to show that their rights should be continued. The Upper Eagle Regional Water Authority and the Eagle River Water and Sanitation District have long opposed Denver Water’s rights and challenged continuation of the rights in court on several grounds.
The settlement comes in the midst of a large mediation effort between several water agencies aimed at solving a number of complex issues affecting the future of water in Colorado.
“This favorable outcome is representative of the value of our mediation efforts and sets the stage for more collaboration around water issues statewide,” said Dave Little, Denver Water’s Director of Planning.
Contact:? Trina McGuire-Collier, Denver Water, 303-628-6600 ?Jim Pokrandt, Colorado River District, 970-945-8222, ext. 236 ?Diane Johnson, Eagle River Water & Sanitation District, 970-476-5457 ?Brian Werner, Northern Colorado Water Conservancy District, 970-622-2229

The State Commission on Water Resource Management will hold public hearings statewide in December to solicit public testimony on proposed revisions to the Hawai‘i Water Plan, Water Resource Protection Plan, as mandated by the State Water Code, Chapter 174C, Hawai‘i Revised Statutes.
The Water Resource Protection Plan is one of five major plans that comprise the Hawai‘i Water Plan, which provides overall guidance for managing Hawai‘i’s water resources.
A public review draft of the Water Resource Protection Plan is available online on the CWRM website at http://www.hawaii.gov/dlnr/cwrm/. The public review draft may also be reviewed at the CWRM office at the Kalanimoku Building, at 1151 Punchbowl Street, room 227, in Honolulu or at: All Hawai‘i state public libraries;?University of Hawai‘i at M?noa; Hamilton library University of Hawai‘I; Hilo library; ?Maui Community College library;?Kaua‘i Community College library;?Legislative Reference Bureau; Hawai‘i State Capitol;?State Department of Business, Economic Development and Tourism library;?City and County of Honolulu, Department of Customer Services library.
The Commission will accept written testimony until January 11. Testimony should be mailed to the Commission on Water Resource Management, Department of Land and Natural Resources, P.O. Box 621, Honolulu, Hawai‘i 96809.
Initially prepared in 1990, the Water Resource Protection Plan update reflects the latest efforts in water resource planning as part of the State’s mandate to protect and sustain the water resources for the benefit of the citizens of the State of Hawai‘i.
This current update to the plan includes policies, program directives, resource inventories, and recommendations across a broad spectrum of resource management issues. ?
Contact: ?Deborah Ward ?DLNR Public Information Specialist ?Phone: (808) 587-0320 November 28

The Bureau of Reclamation in November announced the release of the National Academy of Sciences’ final review of two water-relted studies: Reclamation’s Klamath Project Natural Flow Study and Dr. Thomas Hardy’s Phase II Flow Study.
Reclamation is evaluating the findings of the NAS to determine how these studies could contribute to future resource management decisions. Reclamation will continue to work with stakeholders to apply the full suite of available science to management of the Klamath Project.
The NAS found that both studies are noteworthy in some regards but have flaws as well. Further, the NAS concluded that the Klamath Basin is in need of an independent and comprehensive analysis to identify the most urgent science needs to inform management decisions.
The NAS also provided recommendations for improvement of the two studies should a basin-wide review of the science determine it is warranted.
The NAS also recommended _an adaptive management approach whereby decisions are played out in water management with monitoring and constant assessment and with periodic informed adjustments in management strategies._
Consistent with these findings, Reclamation will continue to pursue adaptive, basin-wide solutions with our stakeholders.
The NAS review is available on Reclamation’s website at: http://books.nap.edu/catalog.php?record_id=12072#toc . Should you encounter problems accessing documents online, please contact Ms. Lynnette Wirth at 916-978-5102 or lwirth@mp.usbr.gov.
For additional information or to request a copy of the document, please contact Ms. Christine Karas at 541-880-2555 or ckaras@mp.usbr.gov.
Mid-Pacific Region; Sacramento; Contact: Jeffrey McCracken 916-978-5100 November 28

Gov. Bill Ritter announced November 26 that he has named Dick Wolfe as Colorado State Engineer and praised him as the best person to lead the division of water resources at this time in the state’s history.
Prior to this appointment, Wolfe has been serving as assistant state engineer in the Colorado Division of Water Resources since 2005. He led the South Platte Task Force in examining water issues in the Northeast Colorado Basin and made recommendations on possible solutions to the challenges facing the state’s water users.
“This is one of the most difficult and important positions in our state,” said Harris Sherman, executive director of the Colorado Department of Natural Resources (DNR). “While there were several outstanding candidates for the position, we believe Dick¿s 14 years of experience in the state engineer’s office more than prepared him for the challenges ahead.”
The vacancy was created when state engineer Hal Simpson retired in May.
Wolfe graduated from Colorado State University (CSU) where he earned both a Bachelor of Science degree and a Master’s Degree in Agricultural Engineering.
After seven years as a partner in a small engineering firm that specialized in water rights and water resources, Wolfe joined the Colorado Division of Water Resources as an engineer.
Contact: ?Deb Frazier (303) 866-5887 ?Evan Dreyer (720) 350-8370 ?Wil Alston (303) 917-8059 Colorado Governor Bill Ritter

Central Arizona Project will move a record setting volume of water in 2007 with an estimated 1,743,000 acre feet of water deliveries and it also set a record in water delivered on behalf of the Arizona Water Banking Authority by giving them 392,000 acre-feet, according to CAP officials who spoke at the Systems Operations Advisory Group annual meeting Nov. 14 at CAP Headquarters.
The 1,743,000 acre-foot delivery to customers by CAP breaks the old record by about 40,000 acre-feet said Water Control Manager Tim Kacerek.
“About 50 percent of our deliveries” went to M&I and direct recharge customers, he added.
By bringing the Tonopah Desert Recharge Project online, CAP was able to store about 170,000 acre-feet underground and also stored about 127,000 acre-feet of water for Nevada, said Brian Henning, Water Systems Control Systems supervisor.
“A tremendous amount of water has been banked and stored,” Henning said, adding the 2007 amount brings the total to 3.2 million acre feet of water.
However, as well as it went in 2007, 2008 will be a different matter.
The total water orders from customers for CAP water for 2008 at this time total about 1.8 million acre-feet and CAP anticipates getting 1.6 million acre-feet, leaving a shortfall from orders of about 200,000 acre-feet.
The increased orders come from three factors, Henning said.
First, Salt River Project is feeling the pinch of the drought and could reduce deliveries if the drought continues. Meanwhile, SRP ordered more water than normal in 2008.
Second, water use in Tucson is up.
Third, commodity prices are up and projected to stay up so the agricultural community is demanding more water in anticipation of having a good year.
Deputy General Manager Larry Dozier told the customers attending the meeting that the high demand for water reduces CAP’s flexibility to work with the customers.
Customers need to get their water orders to CAP on Oct. 1 or as near to that date as possible so CAP can begin to plan for deliveries, he said. He reminded the customers that 11 percent of their allocation is the maximum amount they can take each month but that CAP always has been flexible and willing to work with customers and that will continue as CAP plans deliveries for 2008.
In closing, Henning told the audience that indications are that 2008 will be another dry year.
However he did have good news.
“We will have a normal supply in 2008,” Henning said. “If the drought continues we will still have a normal supply through 2010 and possibly in 2011.”
http://www.cap-az.com/articles/index.cfm?action=View&ArticleID=565 Central Arizona Project 11/14/07 Central Arizona Project

Washington’s first-ever tribal-state-federal water rights settlement has received federal court approval in Seattle. U.S. District Court Judge Thomas Zilly signed a judgment and order approving the settlement, negotiated by the State Department of Ecology, the Lummi Nation, the U.S. Government, and non-tribal water users – including water associations and Winning Is Necessary – to resolve a long-standing water conflict on the Lummi Reservation.
The dispute centered on how water should be allocated on the Lummi Peninsula portion of the Lummi Reservation, northwest of Bellingham. The peninsula, which relies on a freshwater aquifer for its water supply, is bounded by the Strait of Georgia and Bellingham Bay. Over-pumping of the aquifer poses a risk of saltwater intrusion into the aquifer.
In approving the settlement, the judge wrote, “the Settlement Agreement exhibits a balance rarely seen in litigation concerning a precious and potentially scarce commodity; it preserves the resource rights of the Lummi Nation, while guaranteeing existing users a sufficient amount of water for their needs and making water available for a limited number of future users.”
The agreement recognizes that approximately 900 acre-feet of water can be used each year without risking saltwater intrusion. This makes water available to all existing users and some future uses without risking saltwater intrusion. The Lummi Nation will allocate and monitor the use of this water by tribal members and by non-members who receive water service from the Lummi Nation. Ecology will administer about 120 acre-feet per year of the available water for use primarily by non-tribal property owners.
“The Lummi Nation is pleased that we have been able to co-operatively resolve this vital issue for a portion of our Reservation,” said Chairwoman Evelyn Jefferson. “We look forward to solving similar issues in the rest of the Reservation and in the Nooksack basin.”
“I thank the Lummi Nation and the local water users for coming together to make this happen,” said Ecology Director Jay Manning. “For non-tribal water users, this means an end to the uncertainty that has shadowed the use and enjoyment of their property for many years. For all residents, tribal and non-tribal alike, this agreement guarantees sustainable management practices to protect the resource now and into the future.”
Other provisions of the agreement include:
? A court-appointed Water Master will resolve any water conflicts that may arise in the future.
? Wells on the Ecology allocation will have set withdrawal limits based on the amount of water allotted for the state to administer. Standards to protect against saltwater intrusion will determine limits for wells on the Lummi allocation.
? In order to monitor both water use and water quality, all residents with a well will be required to meter their wells and provide water quality sampling data.
Well drilling will require approval from the Lummi Nation or Ecology, whichever is the applicant’s water-use authority.
The court’s approval puts the settlement agreement into effect immediately and authorizes the tribe and state to begin the coordinated management program.
Contact: Larry Altose, Ecology media relations, 425-649-7009, pager 206-663-1785 ?Evelyn Jefferson, Chairwoman, Lummi Nation, 360-384-7140 ?J. Timothy Slater, counsel for water associations, 360-734-5980 ?Gene Knapp, counsel for WIN, 360-376-4579 November 21

The International Upper Great Lakes Study in November released its semiannual Progress Report highlighting the many research projects and other initiatives already under way.
Over the past six months, a bi-national team of researchers have been engaged in this critical study that is trying to understand why levels in the Upper Great Lakes are so low and whether possible physical changes in the St. Clair River might be responsible. Ultimately the $17.5M (US $14.7 M) study will determine whether regulation of outflows from Lake Superior might be
improved to take into account changing interests and changing climate.
“The urgency of low water levels has put the study on the fast track,” said Dr. Gene Stakhiv, U.S. Co-chair of IUGLS. “However, it is critical that the study complete a comprehensive scientific analysis of all the key factors before discussing possible remedial actions in the St. Clair River.” added Ted Yuzyk, Canadian IUGLS Co-chair.
The Progress Report was released just two weeks after the International Joint Commission approved plans to expedite the study to provide a report and recommendations a full year ahead of schedule. The report reveals that:
• Seven research projects are underway regarding the St. Clair River.
• Seven scoping or strategic papers were completed, including the development of an information management strategy.
• Six meetings or workshops were convened, including a modelers forum that focused on issues regarding Lake Huron outflow and St. Clair River hydraulics and sediment
processes.
• 26 of 30 Task Team or Technical Working Group leads were appointed and terms of reference for 12 TWGs were developed.
• 19 of 20 members of the Public Interest Advisory Group came on board.
• The IUGLS Study Board recommended installation of three hydrometric gauges to measure water level and velocities and to estimate discharge rates at three key locations in the connecting channels and asked the IJC to write to the governments, urging them to facilitate installation of the gauges and provide assurance that operation of the gauges will continue after the completion of the study.
• The Study Board also recommended a model for an independent peer review process.
Included in the report were initial results from work currently underway in the St. Clair River that has already captured more than 50 kilometers (30 miles) of the river bed on videotape. While the analysis is still preliminary, Dr. Bommanna Krishnappan, Research Scientist with the
National Water Research Institute (Environment Canada) noted that:

All these video images show that the riverbed in the upper reach of the river is fully armoured and that the armour layer is made up of coarse gravels, pebbles and cobbles, with size of the sediment ranging from about 4 mm to 250 mm (1/6 inch to nearly 10 inches). An armour layer in a river forms when the flow erodes the finer fractions of the sediment and leaves behind the coarse material. Based on the capacity of the flow to transport sediment, the armour layer in the upper part of the St. Clair River is considered to be stable. Therefore, the bed cannot be eroding. Deposition of fine material was observed along the edges of the river, where the bed shear stress is lower than the critical shear stress for erosion of fine sediment.

Dr. Krishnappan also reviewed previous sediment studies of the St. Clair River and evaluated the findings of those studies in light of the new videography:

These sediment studies along with the video images indicate that the river bed at the outlet of the Lake Huron is stable and that there is no evidence of active bed erosion. These are preliminary findings; more work involving sediment transport measurements and sediment models are planned to test this hypothesis. Additional video observations in the river are planned.

In addition to the videography, other research projects or data collection and evaluation work in the St. Clair River include:

• Collection of new bathymetric data;
• Computing flows and inferring conveyance changes through modeling of both the St. Clair and Detroit Rivers;
• Geographic Information System (GIS) analysis of the fluvial geomorphic change in the St. Clair River and Lake St. Clair over the past 130 years using historic data; and,
• Determination of glacial isostatic adjustment as a factor affecting water levels.

The next semiannual IUGLS Progress Report is scheduled to be released in April of 2008, however additional information and findings may be released as research projects are completed. In addition, the PIAG expects to hold public meetings in both countries prior to release of the next report.
Made up of ten members from each country, the role of the PIAG is to provide an avenue for information to flow between the Study and the public. Membership on PIAG includes individuals from coastal, ecosystem, hydropower, navigation, municipal and industrial, and recreational boating and tourism interests

A researcher from Bowling Green State University has completed a 12-year follow-up study to the effects of the 1994 failure of the IVEX Dam on the Chagrin River (northeastern Ohio). The study documents long-term changes that occur as a river adjusts to the removal of a dam.
There are presently 632 dams in northern Ohio on tributary streams flowing into Lake Erie. Because many of these dams are aging and would require extensive repairs to maintain public safety, there is a growing trend to remove old dams that no longer fulfill a useful purpose.
If dams are not maintained, they can fail during a flood event. This is what happened in 1994 to the IVEX Dam, which was breached and released over 10 million gallons of water and sediment within a few minutes.
The study used surveying and sediment coring over a 12-year period to document ways the river responded to removal of the dam. The initial response was the release of mud-sized material from the former reservoir, as the Chagrin River re-established its channel. However the major effect occurred over a period of years, as the new channel stabilized, and as sand and gravel began to move downstream of the former dam site.
The study presents a modified model that can be used to anticipate the long-term changes that will occur after a dam is removed.
Results of this study “Sediment Impacts of the 1994 Failure of IVEX Dam (Chagrin River, NE Ohio): A Test of Channel Evolution Models,” are reported by James E. Evans in the latest issue (Volume 33, SI2, pp. 90-102) of the Journal of Great Lakes Research, published by the International Association for Great Lakes Research, 2007.
Contacts For more information about the study, contact James E. Evans, Department of Geology, Bowling Green State University, Bowling Green, OH 43403; evansje@bgsu.edu, (419) 372-2414.
For information about the Journal of Great Lakes Research, contact Marlene Evans, Editor, National Water Research Institute, 11 Innovation Boulevard, Saskatoon, SK, S7N 3H5, Canada; editor@iaglr.org; (608) 692-1076.
Links:
The Article (abstract)
Vol. 33(SI2) Table of Contents
Searchable JGLR Archive
IAGLR Web Site

Governor Sonny Perdue said November 6 that the state of Georgia has withdrawn its motion for preliminary injunction filed against the U.S. Army Corps of Engineers. The motion was filed on October 19 in the Middle District of Florida to require the Corps to alter the Interim Operations Plan. The IOP establishes the guidelines for the release of water from federal reservoirs in the Apalachicola-Chattahoochee-Flint River Basin including Lake Lanier and West Point Lake.
“With the recent intervention by President Bush to compel our federal partners to come to the table, I am optimistic that this matter can be resolved outside of a courtroom,” said Governor Sonny Perdue. “I never want to resort to legal action to settle disputes, but the seriousness of this drought forced me to explore every option available to protect Georgia’s water resources.”
The withdrawal comes in response to the announcement on November 1 that the Corps of Engineers has recommended to the U.S. Fish & Wildlife Service to alter releases from Georgia’s federal reservoirs and send less water downstream.
On November 1, the Corps issued a letter to the U.S. Fish & Wildlife Service requesting a formal consultation for proposed modifications of the IOP. The Corps proposed to incrementally reduce the amount of water released in the Apalachicola River from 5,000 cubic feet per second (cfs) to 4,150 cfs and allow storage of excess inflows in reservoirs. In an unprecedented commitment on turn-around time, the U.S. Fish & Wildlife Service is expected to review the recommendation and make a ruling by November 15, 2007.
The state of Georgia has reserved the right to re-file this motion or file a new motion for preliminary injunction if this new round of discussions and cooperation fails to result in sensible and lasting solutions to protect drinking water for Georgians as well as the interests of Alabama and Florida.
Office of Communications 404-651-7774