WATER RIGHTS AND ENDANGERED FISH

FINDING SOLUTIONS FOR FLOWS

UTAH DIVISION OF WATER RIGHTS - 2009

MATT LINDON, PE ASSISTANT STATE ENGINEER

TECHNICAL SERVICES801-538-7481

Current Utah Green River PolicyCurrent Utah Green River Policy

Surface Water - Groundwater Appropriations Surface Water - Groundwater Appropriations – Limited to fixed time and Temporary appLimited to fixed time and Temporary app– Non Consumptive useNon Consumptive use– Small Domestic onlySmall Domestic only

1 family1 family 1 acre irrigation1 acre irrigation 10 livestock units10 livestock units

– Change ApplicationsChange Applications

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

Bonytai

Colorado pikemnnow

Razorback sucker

Humpback chub

Bonytail

History of the Recovery ProgramHistory of the Recovery Program

Mid to late 1970sMid to late 1970s– JeopardyJeopardy– Upper Colorado River BasinUpper Colorado River Basin

19831983– Minimum stream flows Minimum stream flows – one-for-one replacementone-for-one replacement

stopped water development in the basinstopped water development in the basin put limits on use of existing water suppliesput limits on use of existing water supplies conflicted with existing federal and state laws that allocate waterconflicted with existing federal and state laws that allocate water

– ““Head-on collision”Head-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

DistributorsAssociation

PartnershipPartnership

PARTNERSHIP HISTORYPARTNERSHIP HISTORY

1988 Federal Co-op Commitment signed1988 Federal Co-op Commitment signed– States of Utah, Wyoming, ColoradoStates of Utah, Wyoming, Colorado– Dept of Interior – USFWS, BORDept of Interior – USFWS, BOR– Western Area Power AdministrationWestern Area Power Administration

Initiated Recovery Implementation Program – RIPInitiated Recovery Implementation Program – RIP– Endangered Fish Recovery Program – 4 fishEndangered Fish Recovery Program – 4 fish

Bonytail, Pikeminnow, Humpback Chub, Razorback SuckerBonytail, Pikeminnow, Humpback Chub, Razorback Sucker– Respect States Compact EntitlementsRespect States Compact Entitlements– Respect State Water RightsRespect State Water Rights– Renewed support last week from the GovernorRenewed support last week from the Governor

Biological OpinionBiological OpinionRecovery Action Plan (RAP)Recovery Action Plan (RAP)

US Fish and Wildlife Service, US Fish and Wildlife Service, November 25 1992, BOR, CO and UTNovember 25 1992, BOR, CO and UT Reasonable and Prudent Alternatives (RPA)Reasonable and Prudent Alternatives (RPA)

– Refine Flaming Gorge operation for flows and tempsRefine Flaming Gorge operation for flows and temps– Legally protect fish flows from FG to Lake PowellLegally protect fish flows from FG to Lake Powell– Recommend Summer and Fall flowsRecommend Summer and Fall flows– 5 year study for Winter and Spring flows5 year study for Winter and Spring flows– Respect State law and policiesRespect State law and policies– Avoid ESA Section 7 Consultation and JeopardyAvoid ESA Section 7 Consultation and Jeopardy

Utah Policy Change – Nov 1994 Utah Policy Change – Nov 1994 Upper Green RiverUpper Green River

State Engineer Bob Morgan – ConsideredState Engineer Bob Morgan – Considered

– Existing Water Rights 429 cfs, 112,000 ac-ftExisting Water Rights 429 cfs, 112,000 ac-ft– Hydrology of River – FG, Yampa, tributariesHydrology of River – FG, Yampa, tributaries– Interstate Compacts (1.4 M ac-ft for Utah)Interstate Compacts (1.4 M ac-ft for Utah)– Summer and Fall Flows onlySummer and Fall Flows only– Existing Flow BO recommendations 1992Existing Flow BO recommendations 1992– Availability of Water 3.0 M ac-ft @JensenAvailability of Water 3.0 M ac-ft @Jensen

Vernal

Price

Green River

Moab

EscalanteMonticello

1.3

1.41.5

3.0

9.8

4.0

1.6

9.6

0.4

4.4

Upper Colorado

River Basin

Ave Annual FlowFlows = Million Ac-Ft/Year

1 Million Ac-Ft/Year = 1384 cfs

Green = Intra State Flows

Red = Inter State Flows

Upper Green River Policy 1994Upper Green River Policy 1994

New WR ApprovalsNew WR Approvals– Subordinate to bypass of fish flowsSubordinate to bypass of fish flows– Summer and FallSummer and Fall– Flows protected from FG to the DuchesneFlows protected from FG to the Duchesne– 1100 – 1800 cfs – 2400 cfs in wet years1100 – 1800 cfs – 2400 cfs in wet years

20 cfs set aside for contingency future needs20 cfs set aside for contingency future needs Rights prior to Nov 1994 not SubordinateRights prior to Nov 1994 not Subordinate Review Release and RIPRAP for changesReview Release and RIPRAP for changes Measure all flows at Jensen UTMeasure all flows at Jensen UT

2000 Flow Recommendations2000 Flow Recommendations

Endangered Fish Recovery ProgramEndangered Fish Recovery Program Results of study 1990-2004Results of study 1990-2004

– 3 sections of river to Lake Powell 3 sections of river to Lake Powell – 4 season flow recommendations4 season flow recommendations– 5 Hydrologic regimes flood – drought5 Hydrologic regimes flood – drought– Flows and temperatures from FGFlows and temperatures from FG

RIPRAP element for 2004 Action PlanRIPRAP element for 2004 Action Plan Continued research and calibrationContinued research and calibration Adaptive ManagementAdaptive Management

Reach 1

Reach 2

Reach 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

simplified minimum flow requirements green river - flaming gorge to lake powell1994 State Engineer Policy2000 recommended flows2005 biological opinionmcl Aug-09 historical

wet mod-wet average mod-dry dry mean day SE Policy 19940-10% 10-30% 30-70% 70-90% 90-100% 90% exceed average wet

targetreach 1 all flow = cfs

spring peak 8,600 4,600 4,600 4,600 4,600 na na

sum-winter 1,800 1,500 800 800 800 892 1100-1800 1100-1800 summer1100-1800 1100-2400 autum

reach 2

spring peak 26,400 20,300 18,600 8,300 8,300 na na

sum-winter 2,800 2,400 1,500 1,100 900 1,265 1100-1800 1100-1800 summer1100-1800 1100-2400 autum

reach 3

spring peak 39,000 24,000 22,000 8,300 8,300 na na

sum-winter 3,200 2,700 1,800 1,500 1,300 1,845 na na

Proposed Flow Protection IdeasProposed Flow Protection Ideas Protect Minimum flows for 4 seasonsProtect Minimum flows for 4 seasons

– 800 cfs Reach 1 and 2 – FG to the White800 cfs Reach 1 and 2 – FG to the White– 1300 cfs Reach 3 – Duchesne to Lake Powell1300 cfs Reach 3 – Duchesne to Lake Powell– Currently meeting these goals w/ existing oppCurrently meeting these goals w/ existing opp

New Applications subject to minimum flowNew Applications subject to minimum flow– BO minimum flow ranges and regimes ??BO minimum flow ranges and regimes ??– BO spring peak flows ??BO spring peak flows ??– Flows set aside for contingency future needs??Flows set aside for contingency future needs??– Limit Storage to allow for natural spring flows??Limit Storage to allow for natural spring flows??– Limit movement of Water Rights Upstream??Limit movement of Water Rights Upstream??

Instream fish flow Water Rights Law limited toInstream fish flow Water Rights Law limited to– Changes of Perfected Water RightChanges of Perfected Water Right– Div of Wildlife, Parks and Fish Conservation Org.Div of Wildlife, Parks and Fish Conservation Org.

ISSUES TO ADDRESSISSUES TO ADDRESS Cooperation with RAP PartnershipCooperation with RAP Partnership

– Extend Fish Flow protection to Lake PowellExtend Fish Flow protection to Lake Powell– 2 policy changes Upper and Lower river 2 policy changes Upper and Lower river

Agreement with the Biological Opinion -RPAAgreement with the Biological Opinion -RPA– 3 river reaches3 river reaches– 4 seasons4 seasons– 5 hydrological regimes and ranges5 hydrological regimes and ranges

Coordination with the RIPCoordination with the RIP Compliance with the ESACompliance with the ESA Avoid Jeopardy and Section 7 consultationAvoid Jeopardy and Section 7 consultation Allow for fish flows and water developmentAllow for fish flows and water development

THE END – THANK YOU !

DIVISION OF WATER RIGHTS801-538-7481

1594 WEST, NORTH TEMPLEPO 146300, SLC, UT, 84114-6300

mattlindon@utah.govwww.waterrights.utah.gov