WATER RIGHTS AND ENDANGERED FISH FINDING SOLUTIONS FOR FLOWS UTAH DIVISION OF WATER RIGHTS

MATT LINDON, PE ASSISTANT STATE ENGINEER TECHNICAL SERVICES

Utah’s Apportionment (23%) 1,369,000 AF Current Depletion1,007,500 AF Remaining Depletion 361,500 AF Utah Colorado River Compact Entitlement & Current Depletions

Estimated Depletion – 2009 Units – 1000 Acre Feet Source: Division of Water Resources  Agriculture/stock591.4  Municipal/Domestic 25.3  Power/Industrial 44.6  Exports/Imports  Reservoir Evaporation 19.3  Evaporation CRSP Res TOTAL

ApplicantQuantity (Ac Ft) San Juan County WCD 30,000 Central Utah WCD 29,500 Board of W R (et al) 158,000* Wayne County WCD 50,000* Kane County WCD 30,000 Sanpete WCD 5,600 Uintah County WCD 5,000 Navajo Nation ? 80,000 Ute Tribe ? 105, ,100 TOTAL 493,100 Potential Additional Depletion Approved Applications (Undeveloped)

Forfeiture Changes  The state engineer may extend the time after 50 years for a public water supplier that shows the water is needed to meet the reasonable future requirements of the public.  The of the public is the amount of water needed in the next 40 years  The reasonable future requirement of the public is the amount of water needed in the next 40 years  The state engineer shall extend the time after 50 years if the applicant has constructed works to apply the water to beneficial use.

Current Utah Green River Policy  Surface Water - Groundwater Appropriations –Limited to fixed time and Temporary app –Non Consumptive use –Small Domestic only  1 family  1 acre irrigation  10 livestock units –Change Applications  Colorado River Compact 1922 and 1948 – Upper Basin Flow Share M ac-ft/year –At least 7.5 M ac-ft/yr delivered to Lake Powell

Initial Biological Opinion Recovery Action Plan (RAP)  US Fish and Wildlife Service,  November , BOR, CO and UT  Reasonable and Prudent Alternatives (RPA) –Refine Flaming Gorge operation for flows and temps –Legally protect fish flows from FG to Lake Powell –Recommend Summer and Fall flows –5 year study for Winter and Spring flows –Respect State law and policies –Avoid ESA Section 7 Consultation and Jeopardy

Utah Policy Change – Nov 1994 Upper Green River State Engineer Bob Morgan – Considered –Existing Water Rights 429 cfs, 112,000 ac-ft –Hydrology of River – FG, Yampa, tributaries –Interstate Compacts (1.369 M ac-ft for Utah) –Summer and Fall Flows only –Existing Flow BO recommendations 1992 –Availability of Water 3.0 M

Vernal Price Green River Moab Escalante Monticello Upper Colorado River Basin Ave Annual Flow Flows = Million Ac-Ft/Year 1 Million Ac-Ft/Year = 1384 cfs 1 cfs/year = 723 ac-ft Green = Intra State Flows Red = Inter State Flows

Upper Green River Policy 1994  New WR Approvals –Subordinate to bypass of fish flows –Summer and Fall –Flows protected from FG to the Duchesne – Reach 1 –1100 – 1800 cfs – 2400 cfs in wet years  20 cfs set aside for contingency future needs  Rights prior to Nov 1994 not Subordinate  Review Release and RIPRAP for changes  Measure all flows at Jensen UT  Public meetings and comment period  Signed by Bob Morgan, State Engineer 1994

2000 Flow Recommendations  Incorporated in Biological Opinion 2005  Results of study –3 sections of river to Lake Powell –4 season flow recommendations –5 Hydrologic regimes and ranges flood – drought –Flows and temperatures from FG  RIPRAP element for 2004 Action Plan  Continued research and calibration  Adaptive Management

Reach 1 Reach 2 Reach 3

MINIMUM FLOW RECURRENCE AT JENSEN PRE 1962 MEAN MONTH MIN ANN MIN

Proposed Flow Protection 2009  Protect Minimum flows for 4 seasons -Vernal –800 (900) cfs Reach 1 and 2 – FG to the White –1300 cfs Reach 3 – Duchesne to Lake Powell –Currently meeting these goals w/ existing op.  New Applications subject to minimum flow –BO minimum flow ranges and regimes ?? –BO spring peak flows ?? –Flows set aside for contingency future needs?? –Limit Storage to allow for natural spring flows?? –Limit movement of Water Rights Upstream??  Instream fish flow Water Rights Law limited to –Changes of Perfected Water Right –Div of Wildlife, Parks and Fish Conservation Org.

ISSUES TO ADDRESS 2010  Cooperation with RAP Partnership –Extend Fish Flow protection to Lake Powell –2 policy changes Upper and Lower river  Agreement with the Biological Opinion -RPA –3 river reaches –4 seasons –5 hydrological regimes and ranges  Coordination with the RIP  Compliance with the ESA  Respect State Water Law and Entitlements  Avoid Jeopardy and Section 7 consultation  Allow for fish flows and water development

PEAK FLOW RECURRENCE AT JENSEN 55 YEARS RETURN INTERVAL

STRATAGEY  Public meetings – Vernal, Price, GR, Moab  Minimum Flows, limit storage and US moves  Present Policy – adopt for 3 stretches  Develop model with BoR for Spring Flows  Develop partnerships and Coordination –OPW – Other Peoples Water –Storage – Delivery – Water Banking - Funding –Water Rights ownership – expand limits –Water Service Contracts – DWRe, U and D Co. –Automation of Monitoring and Distribution Regulation  Water Acquisition Team –Future Development of Unperfected and Undeveloped –Upstream Development – Million, Climate Change –Colorado Compact, State Laws, Politics and Public –Work within Water Right Laws and State Entitlements

THE END – THANK YOU !

DIVISION OF WATER RIGHTS PO BOX , SLC UT