WATER 101. Chris Treese. May 26, 2015 Grand County State of the River

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1 WATER 101 Chris Treese May 26, 2015 Grand County State of the River

2 Wet States, Dry States The 100 th meridian separates the wetter Eastern U.S. from the Drier West

3 Unequal Supply

4 Transmountain Diversions

5 Colorado River District 1937 state statute 15 board directors Property tax & water enterprise One of 4 WCD districts in Colorado

6 With Water & Without

7 Rules of the Game Water law is like trying to learn a board game... when your big brother is teaching you the rules

8 Two Simple Rules: 1. First come, First served 2. Take only what you need

9 What is a Water Right? Court-issued document: 1. Amount (CFS, AF) 2. Place 3. Purpose (beneficial use) 4. Date (priority)

10 Want a water right? First, get a shovel. Then, (1) divert water from the stream (2) apply it to some beneficial use

11 Water rights are Usufructary (not a dirty word) A water right confirms that you own the right to use water; you do not own the water itself.

12 Direct flow vs storage Direct flow = is a right to a specific rate of flow, based on the amount of water necessary to put to use at the time the use is needed. Direct flow is usually measured in cubic feet per second ( CFS ). 1 cfs = 449 gallons/minute.

13 Direct Flow vs Storage Storage = is a right to a volume of water) to store in a reservoir for subsequent use. Storage is not a use of water. Storage is usually measured in acre-feet (the amount of water necessary to fill an acre of land to a depth of one foot). 1 cfs flowing for 24 hours = ~ 1 acre foot.

14 I want a water right but I just don t have enough money to build a ditch right now You re in luck! You can appropriate a conditional water right. Take the first-step toward the appropriation, sufficient to put others on notice of your intention. Keep today s priority, spend money tomorrow.

15 Use it or Lose it A water right is deemed abandoned when there is non-use and an intent to abandon. A period of non-use of at least 10 years creates a presumption of intent to abandon. That presumption can be overcome with evidence that the user did not intend to abandon the right, despite the non-use.

16 I bought some instant water one time but I didn't know what to add to it. Steven Wright

17 Questions?

18 Changes of water rights A change of water right must be adjudicated in water court. Change in type of use Change in place of use Change in point of diversion

19 Other Tidbits and New Developments Transmountain Diversions Augmentation and Exchanges Water quality Instream Flow Rights Recreational In-Channel Diversion Rights Impact of Interstate Compacts Colorado Water Plan

20 Water Rights 101 A Water Right is a place in line permitting the use of water based upon how much water is available and where you are in the line. A water right is a right to use water, it does not provide ownership of the water. Return flows from your right belong to the stream and are available for use by other water users.

21 A Water Right Stipulates Priority (place in line First in time, first in right.) Point of Diversion Type of Use Ag, municipal, storage Amount Period of Use

22 What s Not So Obvious About Water Rights Agricultural rights are limited to use only during the irrigation season. Any changes to a water right must be done though water court. Recreational In-Channel Diversion Rights new and controversial, rules are being refined. If you don t have a storage right you can t detain water in ponds, reservoirs, etc.

23 Use It or Lose It The Part Most People Understand Water rights can be ruled as abandoned if they are not put to a beneficial use. The entire right, or a portion of that right, can be lost due to nonuse. The purpose is to make sure unused water rights aren t calling out other rights in use.

24 Use It or Lose It The Part That s Not Well Known BUT- The water right cannot be taken away if the owner still intends to use it. Non-use of a water right needs to take place consistently for around a decade to be considered for abandonment. Owner can fight any abandonment listing.

25 Fun Facts about TMDs 12 major transmountain diversions remove 450,000 to 600,000 acre-feet/ year from the Colorado River basin east of Glenwood Springs. 65% of all the surface water in Grand County is taken through the divide. May wind up being 85%. Denver Water is not the biggest TMD. Northern Water takes twice as much water through the Adams Tunnel under RMNP Denver Water s Roberts Tunnel carries water over 23 miles underground longer than the Chunnel between England and France

26 Goals and Objectives Represent West Slope interests Ensure present and future water use by: water rights protection legal actions, as needed environmental compliance equitable apportionment of resources

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28 Making the Colorado Habitable To prosper in Colorado, early settlers worked hard to move water from the few streams and rivers to irrigate the land. Grand Valley early 1900s Grand Valley today

29 Colorado Water Law First in Time, First in Right the oldest priority has first access to water in times of shortage System of water rights controls water allocation Water courts adjudicate water rights Water can be moved from where it occurs to where it is needed

30 Other Aspects of Water Rights Water must be put to a beneficial use Water cannot be wasted Water speculation is not allowed A water right is property that can be bought, sold, traded, loaned, etc. Recreation now has a right to water

31 Other Issues Salinity/ selenium Endangered species Transferring ag water for municipal growth Water for recreation vs. diversion The Federal Government no longer into subsidizing major water projects. Federal reserved water rights/ bypass flows Recreational in-channel diversions Environmental values/ aesthetic values Issue of compensation/ mitigation in water transfers

32 Rain and Snow 20% from rainfall Colorado is completely dependent on rain and snowfall for its surface water supply 80% from snowfall

33 We re on Our Own Colorado and Hawaii are the only two of the 50 U.S. states that get no water from any other state or province.

34 Perception vs. Reality The way we imagine Colorado The way Colorado really looks

35 Colorado is Semi-Arid Statewide annual average precipitation: 17.5

36 Water Management Rivers, streams, lakes, reservoirs, tunnels, pipelines and pumping plants are the plumbing in our water supply.

37 The Lengths We go to Get Water City of Aurora water is transported from as far as 180 miles and comes from three separate river basins. The C-BT projects uses 12 reservoirs, 35 miles of tunnels, 95 miles of canals and 700 miles of transmission lines. To cover a system spanning 150 miles east to west and 65 from north to south. One out of every two drops of water used in Denver comes from the West Slope.

38 Uses of Water Agriculture 86.5% Municipal 6.7% Industrial 1.9% Recreation - 3% Augmentation and aquifer recharge 1.9% Hydroelectric power generation Environment Aesthetic (percentages refers to water deliveries, not consumption)

39 Water Use by Type

40 Two Types of Water 1. Surface water 2. Ground water

41 The Colorado River is the Hydrologic Equivalent of the Hudson River =

42 Water Storage Photo: Waiting for water on the Grand Valley Project. The home of B. B. Freeman and family, who had been waiting for water for six years Without water storage, life in Colorado would be at the mercy of the weather.

43 Water Reuse Water can only be used once, since nonconsumptive part of water use produces return flows that are relied upon downstream. Transmountain diversion water can be reused and may not pass to other states. Non-potable water reuse is an increasing useful new water source. Recycling grey water can be a source of pollution, since untreated contaminants can runoff back to water ways.

44 What s left to Develop? The easy projects have already been done. Additional transmountain diversions will have to go further afield, pump water higher, costing more. The Federal Government no longer into subsidizing major water projects. Transferring water from agriculture to municipalities. Water flows to money - Is the highest and best use of water watering lawns in wealthy subdivisions?