WATER RIGHTS AND ENDANGERED FISHFINDING SOLUTIONS FOR FLOWS UTAH DIVISION OF WATER RIGHTS - 2009

MATT LINDON, PE ASSISTANT STATE ENGINEER TECHNICAL SERVICES801-538-7481

Current Utah Green River PolicySurface Water - Groundwater Appropriations Limited to fixed time and Temporary appNon Consumptive useSmall Domestic only1 family1 acre irrigation10 livestock unitsChange Applications

Colorado River Compact 1922 and 1948UT % of Upper Basin Flow Hydro - 1.4 M ac-ft/yrAt least 7.5 M ac-ft delivered to Lake Powell per yr

SECTION. 7. (2) Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered species or threatened species orresult in the destruction or adverse modification of critical habitat of such species.

The Endangered Species Act, or ESA as it is often called, is a landmark piece of legislation. Its regarded as one of the most comprehensive wildlife conservation laws in the world.

The purpose of the Act is to conserve the ecosystems upon which threatened and endangered species depend and to conserve and recover listed species.

This legislation is the foundation for the Recovery Programs work to recover the endangered fish in the Colorado River.

Section 7 of the Act is important as well. It is the section that specifies that Federal agencies shall consult with USFWS to ensure that any of their actions do not jeopardize the continued existence of any endangered or threatened species.

Bonytail

History of the Recovery ProgramMid to late 1970sJeopardyUpper Colorado River Basin1983Minimum stream flows one-for-one replacementstopped water development in the basinput limits on use of existing water suppliesconflicted with existing federal and state laws that allocate waterHead-on collision

U.S. Fish & Wildlife Service National Park ServiceU.S. Bureau of Reclamation Western Area Power AdministrationState of Colorado Water UsersState of Utah Environmental groupsState of Wyoming Colorado River Energy DistributorsAssociationPartnership

PARTNERSHIP HISTORY1988 Federal Co-op Commitment signedStates of Utah, Wyoming, ColoradoDept of Interior USFWS, BORWestern Area Power Administration

Initiated Recovery Implementation Program RIPEndangered Fish Recovery Program 4 fishBonytail, Pikeminnow, Humpback Chub, Razorback SuckerRespect States Compact EntitlementsRespect State Water RightsRenewed support last week from the Governor

Biological OpinionRecovery Action Plan (RAP)US Fish and Wildlife Service, November 25 1992, BOR, CO and UTReasonable and Prudent Alternatives (RPA)Refine Flaming Gorge operation for flows and tempsLegally protect fish flows from FG to Lake PowellRecommend Summer and Fall flows5 year study for Winter and Spring flowsRespect State law and policiesAvoid ESA Section 7 Consultation and Jeopardy

Utah Policy Change Nov 1994 Upper Green RiverState Engineer Bob Morgan Considered

Existing Water Rights 429 cfs, 112,000 ac-ftHydrology of River FG, Yampa, tributariesInterstate Compacts (1.4 M ac-ft for Utah)Summer and Fall Flows onlyExisting Flow BO recommendations 1992Availability of Water 3.0 M ac-ft @Jensen

VernalPriceGreen RiverMoabEscalanteMonticello1.31.41.53.09.84.01.69.60.44.4Upper Colorado River BasinAve Annual FlowFlows = Million Ac-Ft/Year1 Million Ac-Ft/Year = 1384 cfsGreen = Intra State FlowsRed = Inter State Flows

Upper Green River Policy 1994New WR ApprovalsSubordinate to bypass of fish flowsSummer and FallFlows protected from FG to the Duchesne1100 1800 cfs 2400 cfs in wet years20 cfs set aside for contingency future needsRights prior to Nov 1994 not SubordinateReview Release and RIPRAP for changesMeasure all flows at Jensen UT

2000 Flow RecommendationsEndangered Fish Recovery ProgramResults of study 1990-20043 sections of river to Lake Powell 4 season flow recommendations5 Hydrologic regimes flood droughtFlows and temperatures from FGRIPRAP element for 2004 Action PlanContinued research and calibrationAdaptive Management

Reach 1Reach 2Reach 3

Condensed Table 5.5.Flow and temperature recommendations by hydrologic condition for Reach 2 (Yampa River to White River) to benefit endangered fishes in the Green River downstream of Flaming Gorge Dam.a

Hydrologic Condition b

Wet

(0 to 10%

Exceedance)

Moderately Wet

(10 to 30%

Exceedance

Average

(30 to 70%

Exceedance)

Moderately Dry

(70 to 90%

Exceedance)

Dry

(90 to 100%

Exceedance)

SPRING PEAK FLOW

Magnitude

26,400 cfs

20,300 cfs

18,600 cfs

in 1 of 2 avr yrs;

8,300 cfs

in other avr yrs

8,300 cfs

Duration

>22,700 cfs 2 weeks +, and >18,600 cfs >4 weeks

>18,600 cfs for 2 weeks or more

>18,600 cfs

at least 2 weeks in 1 of 4 avr yrs.

at least 1 week.

2 days or more

except in dry

years ( 98%

exceedance)

Timing

Peak flows should coincide with peak flows in the Yampa River

Hydrologic Condition b

Wet

(0 to 10%

Exceedance)

Moderately Wet

(10 to 30%

Exceedance

Average

(30 to 70%

Exceedance)

Moderately Dry

(70 to 90%

Exceedance)

Dry

(90 to 100%

Exceedance)

SUMMER THROUGH WINTER BASE FLOW

Mean flow

2,800 - 3,000 cfs

2,400 - 2,800 cfs

1,500 - 2,400 cfs

1,100 - 1,500 cfs

900 - 1,100 cfs

Approximate period

Aug 15 to Mar 1

Aug 15 to Mar 1

Aug 15 to Mar 1

Aug 15 to Mar 1

Aug 15 to Mar 1

Sheet1

simplified minimum flow requirementsgreen river - flaming gorge to lake powell

1994 State Engineer Policy

2000 recommended flows

2005 biological opinion

mclAug-09historical

wetmod-wetaveragemod-drydrymean daySE Policy1994

0-10%10-30%30-70%70-90%90-100%90% exceedaveragewet

target

reach 1all flow = cfs

spring peak8,6004,6004,6004,6004,600nana

sum-winter1,8001,5008008008008921100-18001100-1800summer

1100-18001100-2400autum

reach 2

spring peak26,40020,30018,6008,3008,300nana

sum-winter2,8002,4001,5001,1009001,2651100-18001100-1800summer

1100-18001100-2400autum

reach 3

spring peak39,00024,00022,0008,3008,300nana

sum-winter3,2002,7001,8001,5001,3001,845nana

Sheet2

Sheet3

Proposed Flow Protection IdeasProtect Minimum flows for 4 seasons800 cfs Reach 1 and 2 FG to the White1300 cfs Reach 3 Duchesne to Lake PowellCurrently meeting these goals w/ existing oppNew Applications subject to minimum flowBO 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 toChanges of Perfected Water RightDiv of Wildlife, Parks and Fish Conservation Org.

ISSUES TO ADDRESSCooperation with RAP PartnershipExtend Fish Flow protection to Lake Powell2 policy changes Upper and Lower river Agreement with the Biological Opinion -RPA3 river reaches4 seasons5 hydrological regimes and rangesCoordination with the RIPCompliance with the ESAAvoid Jeopardy and Section 7 consultationAllow for fish flows and water development

THE END THANK YOU !

DIVISION OF WATER RIGHTS801-538-74811594 WEST, NORTH TEMPLEPO 146300, SLC, UT, 84114-6300mattlindon@utah.govwww.waterrights.utah.gov

Cover Slide Option 1 Headline centeredThe Endangered Species Act, or ESA as it is often called, is a landmark piece of legislation. Its regarded as one of the most comprehensive wildlife conservation laws in the world.

The purpose of the Act is to conserve the ecosystems upon which threatened and endangered species depend and to conserve and recover listed species.

This legislation is the foundation for the Recovery Programs work to recover the endangered fish in the Colorado River.

Section 7 of the Act is important as well. It is the section that specifies that Federal agencies shall consult with USFWS to ensure that any of their actions do not jeopardize the continued existence of any endangered or threatened species.

The fish: Colorado pikeminnow, humpback chub, razorback sucker, and bonytail. All four are listed as endangered under the Federal Endangered Species Act. They are long-lived, warmwater fish found only in the Colorado River Basin.

The Colorado pikeminnow is the largest minnow in North America. Historically, these fish could reach nearly 6 feet long and up to 80 poundsthey were the top native predator in the Colorado River

The humpback chub can grow up to 19 inches long

Both of these fish were first included in the List of Endangered Species issued by the Office of Endangered Species on March 11, 1967 (32 FR 4001) and was considered endangered under provisions of the Endangered Species Conservation Act of 1969 (16 U.S.C. 668aa). And were listed as endangered under the original ESA of 1973.

The razorback sucker is one of the largest suckers in North America, growing up to 13 pounds and lengths up to 3 feet.This fish was federally listed as endangered on 23 October 1991 (56 FR 54957).

The bonytail can grow up to 20 inches long.Bonytail were federally listed as endangered under the Endangered Species Act of 1973 on 23 April 1980.

A final rule designating critical habitat for all four of these species was published on 21 March 1994 (59 FR 13374).

In the mid to late 1970s, U.S. Fish and Wildlife Service determined that any depletion of water would result in jeopardy to endangered fish.Included water depletions anywhere in Upper Colorado River Basin, including those upstream of occupied habitat

In 1983, the U.S. Fish and Wildlife Service Proposed:Minimum stream flows for all habitat occupied by endangered fish in the Upper Colorado River Basin (pre-1960 flow levels).Any water project causing water depletions below minimum stream flows would have to replace depletions on a one-for-one basis.This requirement could have:stopped water development in the basin;put limits on use of existing water supplies;conflicted with existing federal and state laws that allocate water.Head-on collision would have occurred among states, water users, federal agencies, power users, and environmental groups.

The Program is a partnership among the U.S. Fish and Wildlife Service, the Bureau of Reclamation, the states of Colorado, Utah, and Wyoming, the Western Area Power Administration, environmental groups, and water and power users.Cover Slide Option 2Headline and Subhead left justified