Request for Water Acquisitions Pilot Process

Transcription

1 Request for Water Acquisitions Pilot Process Anne Janicki, Colorado Water Trust Mickey O Hara, Colorado Water Trust

2 Presentation Overview What is the Request for Water Acquisitions Pilot Process? Brief introduction to CWCB s Instream Flow Program Nuts and bolts of laws allowing use of senior water rights for flow restoration Project examples How to engage in the Request for Water Acquisitions Pilot Process

3 Colorado Water Trust Colorado non-profit created in 2001 to amplify the work of State s ISF Program and to restore flows to rivers in need. Use voluntary, market-based efforts to accomplish our mission; transactional, no advocacy. Work within existing water law framework and partner with the Colorado Water Conservation Board for ISF use. Only non-profit organization solely dedicated to restoring flows to Colorado's rivers in need using market-based transactions.

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5 Concept derived from Water Trust s successful Request for Water program in response to drought. Voluntary water sharing arrangements can help restore flows to rivers in need, sustain agriculture, and maximize beneficial uses of Colorado's water. Flow restoration tools require partnership with Colorado Water Conservation Board to protect ISFs Developed jointly with CWCB to achieve following goals:

6 To invite voluntary water offers from willing water rights owners to benefit streamflows To provide a user-friendly mechanism for water rights owners to explore working with CWCB and the Colorado Water Trust on water acquisition transactions To streamline transaction processes and utilization of resources To facilitate implementation of Colorado s Water Plan objectives To add flows to river segments in need while coordinating with agricultural and other uses

7 Snowpack levels and stream flow forecasts are well below normal in many parts of the state this year. This pilot process can provide opportunities for water right owners municipalities, water providers, irrigators to temporarily use their rights to sustain our streams and fisheries during low flow conditions.

8 Colorado Water Conservation Board State agency within the Department of Natural Resources. Created in 1937 To promote the protection, conservation, and development of Colorado s water resources for present and future generations Among other duties, the CWCB administers the State s Instream Flow Program and has exclusive authority to hold decrees for instream flow use to preserve or improve the natural environment.

9 Colorado s ISF Program Created by the legislature in Recognized the need to correlate the activities of mankind with some reasonable preservation of the natural environment Vested CWCB with the authority on behalf of the people of the state of Colorado, to appropriate or acquire such waters of natural streams and lakes as may be required to preserve the natural environment to a reasonable degree. North Fork Mineral Creek

10 Two ways CWCB can obtain ISF water rights New Appropriations Appropriate and adjudicate new (junior) ISF water rights to preserve the natural environment to a reasonable degree New junior priority date (after 1973) Preserves flows as they exist at the time of the appropriation; does not restore Water Acquisitions Work with water right owners on a voluntarily basis to acquire decreed senior water rights and change to ISF use to preserve or improve the natural environment to a reasonable degree Change use of existing water right (temporary or permanent) Retains priority date Protects stream flows where water may not be available to appropriate a junior ISF water right Can improve the natural environment in degraded stream system

11 Instream Flow Water Acquisitions CWCB can accept offered water from willing water right owners. by donation, purchase, lease, or other contractual agreement on a permanent or temporary basis. CWCB may use any funds available to it for water acquisitions (Construction Fund, Species Conservation Trust Fund since 2008).

12 Benefits of Acquired Water for ISF use Can help extend amount of time water is legally available to existing junior ISF water rights Additional revenue source for water rights owners who lease to CWCB Way for landowners or communities to maintain flows in local streams Option for irrigators in dry years Healthy streams and fish populations Cochetopa Creek July 2002

13 Water Acquisitions Can Help Achieve Water Plan Goals and Objectives, by: Helping Basin Roundtables achieve goals identified in their Basin Implementation Plans Working with agricultural community to share water using voluntary alternative transfer methods - ATMs that benefit the environment Enhancing environmental and recreational economic values Protecting healthy environments Recovering imperiled species Protecting and restoring critical watersheds

14 Flow Restoration Tools Temporary Loans or Leases of Water (3-in10 Lease) Long Term Leases of Water (10+ years) Provide ISF Protection Permanent Acquisitions of Water (Donation or Purchase) Water Conservation Programs (5-in-10 years, no ISF use required) No ISF Protection, but may provide significant benefits depending on location of other rights.

15 Flow Restoration Tools All tools provide protections for water right owner against diminishment or abandonment of the water right All tools provide opportunities to share water -- Can be full or split season use All tools are flexible owners have discretion over the terms and timing of use. May provide compensation to the owner for implementation years

16 Temporary Loans / Leases of Water for ISF Use Section , C.R.S law in response to 2002 drought Water Trust partnered with CWCB to first use the tool for Instream Flows in 2012 in response to drought conditions. Water Trust facilitated 6 leases with CWCB that provided compensation to owners and benefitted ISFs on: Yampa River, Fraser River, Deep Creek, Colorado River, White River, and Tomichi Creek

17 Temporary Loans / Leases of Water for ISF Use Limited to Section , C.R.S. ISF use for a period of 120 days 3 years of use over a 10 year period Can be used on any stream where CWCB currently holds an ISF water right, up to decreed amount No water court change case State and Division Engineer can approve ISF use if no injury to other water rights Protections for owner against abandonment and HCU reduction in years when used for ISF

18 Temporary Loans / Leases of Water for ISF Use Section , C.R.S.

19 Long Term Leases of Water for ISF Use Section (3), C.R.S. Can be for any time period (but prefer 10+ years) Can be flexible to meet lessor s needs CWCB applies to water court to obtain a decreed right to use the leased water for ISF purposes Add ISF or augmentation as a decreed use Ensure no injury to other water rights on stream Protections for owner against abandonment and HCU reduction in years when used for ISF

20 Permanent Acquisitions of Water for ISF Use Donation or purchase of water Section (3), C.R.S. Obtain a decreed right to use the water right to preserve/improve natural environment Change of water right, augmentation use, or as otherwise permitted by law Donor or seller can retain right to use water under certain circumstances (City of Boulder)

21 Long Term or Permanent Acquisitions Timeline

22 Water Conservation Programs Section (c), CRS (2017) Law originally passed in 2013 in response to 2012 drought. Expanded to most Water Divisions in Recognized that some water appropriators may wish to reduce their water consumption, in part to ameliorate the effects of drought on low stream flows, but there is a disincentive in current law that penalizes appropriators who decrease their consumptive use of water ; Provided safe harbor for those owners when they participate in authorized water conservation programs.

23 Water Conservation Programs Section (c), CRS (2017) Voluntary reduction in use or non-use of water right for up to 5 years in any consecutive 10-year period. Does not involve Instream Flow use. Available in Water Divisions 1-6 (Not Division 7) No Water Court required. Can be approved by water providers, state agencies and other entities as authorized by the statute No instream protection for water, but significant benefits if used in the right place.

24 Approval Requirements Transaction Type Water Conservation Program Temporary Leases Long Term Leases Permanent Acquisitions Contract Required Yes Approval by Auth. Entity Yes can be an expedited process Admin. Approval by SEO/DWR Yes No Yes (20 days) CWCB Expedited Approval CWCB Board Approval Process No No No No Yes No No Yes No No No Yes (120 days) Yes No No No Yes (120 days) Water Court Approval Yes Yes

25 EXAMPLES

26 Water Conservation Program Example Rio Colorado, Willow Creek Water right owner enrolled in Water Conservation Program First approved Water Conservation Program in CO Owner voluntarily ceases diversion when streamflow drops to 7 cfs Restores flow to 4.8 miles of Willow Creek to its confluence with the Colorado River 208 million gallons (638 acre-feet) restored in 2016

27 Coats Bros Ditch, Tomichi Creek Maintain agricultural use (165 acres of irrigated hay and pasture) while providing water to restore flow to Tomichi Creek Water Trust, CWCB identify annual need for water owner decides annual and seasonal implementation Temporary, Split Season Lease. Irrigation through July 1 or August 1, followed by ISF use Water Trust, CWCB, Trout Unlimited Temporary Loan Example

28 Temporary Loan Example Stagecoach Reservoir, Yampa River First ever use of short-term instream flow lease 3-in-10 years, used 2012, 2013, 2017 No renewals Release to non-consumptive municipal use 2015, 2016, billion gallons of water released to the Yampa River (9,484 acre-feet)

29 Permanent Acquisition Example Peabody No. 1 Ditch Retiring ranchers sold land to USFS and water right to Water Trust Pre-compact water rights on Boulder Creek, tributary to Blue River Acquired water right from agricultural user, conveyed interest in water right to CWCB for ISF use Colorado River District purchased CU credits for use downstream of ISF reaches 6 stream miles benefit from full diversion amount, 8 more miles benefit from HCU amount

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31 Permanent Acquisition Example The City of Boulder (1990) Donated senior water to maintain instream flows in Boulder Creek through the city. Water reverts to the City for municipal or other uses after ISF use Water can also revert to the City for municipal use during emergencies or severe drought

32 In January each year, CWCB will open the door for offers of water for ISF use. Water right owners interested in exploring optional, flexible uses for their rights are invited to submit a confidential preliminary offer/inquiry for review by the Colorado Water Trust. Deadline for submitting inquiries/offers is April 30 th. Water Trust staff will complete a free, confidential water right review to identify whether those rights can bring meaningful benefits to a stream reach.

33 Can My Water Right Provide Streamflow Benefits?

34 CONFIDENTIAL PROCESS Submitting an inquiry or preliminary offer of water DOES NOT commit you to completing a project with the Water Trust or Water Conservation Board.

35 Compensation If requested, market-based compensation is available for water that is successfully leased or conveyed to CWCB for ISF use. Compensation is negotiable and the terms are included in the lease or contract for water.

36 How to Engage with the Pilot Process

37 Detailed description of Pilot Process: Overview, Timeline, Criteria, FAQs, Tools Preliminary Offer Form online and PDF versions Colorado Water Trust contact info for questions

38 SUMMARY RFWA enhances CWCB s existing, voluntary Water Acquisition Program Goals are to educate about CWCB s program and available flow restoration tools; streamline processes; invite offers; help implement Water Plan objectives, and restore flows to rivers in need. Completely voluntary CONFIDENTIAL and non-binding; Water right owner decides how and when offered water is used for flow restoration or ISF purposes This year, with streamflows forecast to be well below average in many of parts of Colorado, temporary, voluntary, compensated leases or loans of water may provide an alternate source of revenue to preserve agricultural operations and may also help sustain streams and aquatic life during critically low flows.

39 QUESTIONS?