Transcript Colorado’s Instream Flow Program at 40 Colorado Water Workshop July 18, 2013 Gunnison, Colorado.

Colorado’s Instream Flow Program at 40
Colorado Water Workshop
July 18, 2013
Gunnison, Colorado
Since 1973, the CWCB has
Appropriated
Acquired
instream flow water and natural
lake level rights on
Over 25 water right donations
or long-term contracts for
water totaling
• close to 1,500 stream
segments,
500 cfs
• covering 9,005 miles of stream,
9,344 AF
• and 480 natural lakes
and
Miles of Stream Protected by ISF
Rights in Colorado
30,474
9,005
With ISF Protection
Note:
39, 479 miles of perennial streams
in the state based upon the National
Hydrography Dataset
Without ISF Protection
Role of ISF Program in Water Community
• Coordinate with federal agencies to address their
resource protection goals through state-held
water rights
• Work in partnership with water suppliers to
enable water projects to move forward while
providing protection of the natural environment
• Collaborate with conservation groups on
protecting Colorado’s rivers and streams
1980 – Windy Gap Project
• ISF appropriations on the main stem of the Colorado
River
– Protected flows downstream from Windy Gap
Reservoir
– Integral part of Northern WCD’s settlement with
Middle Park water users
1985 – Summit County Agreements
• Series of agreements between CWCB and various
Summit County entities
• Provided ISF protection on local streams (high
quality fisheries on Blue River and tribs)
• Allowed certain levels of snowmaking diversions and
water development in Summit County
• Provided basis for county and ski areas to meet
NEPA requirements and secure GMR water service
contracts from USBR
1990 – Boulder Creek Donation
• Donation Agreement between City of Boulder and
CWCB
• Conveyed senior water rights to CWCB for ISF use
in Boulder and North Boulder Creeks
• Donated rights supplemented decreed ISFs that are
junior to several irrigation rights
• City relied on agreement in discussions with USFS
• Helped satisfy federal requirements related to City’s
municipal diversions on Boulder Creek
1992 – 15 Mile Reach ISF
• USFWS recommendation to maintain and enhance
Colorado pikeminnow habitat and contribute to
“sufficient progress” under the Recovery Program
• Seasonal ISF of 581 cfs July – September (reduced
from FWS recommendation of 700-1,200 cfs)
1996 – Dead Horse Creek and Hanging Lake
• Cooperative effort between
USFS and CWCB supported
by local stakeholders
• ISF for all unappropriated flow
based upon unique hydrologic
and geologic natural
environment of watershed,
including Bridal Veil Falls and
Hanging Lake (NLL water right
on lake)
• Bird species (black swifts) and
riparian vegetation cited as
part of unique natural env’t
2010 -- Wilderness Area ISFs on
Big Dominguez and Little Dominguez Creeks
BLM recommendation:
ALL of the annually available
flow,
with an allowance for
additional water development
on private and federal lands
above the Wilderness Area.
Very different from typical ISF
appropriation
• Aspects of natural
environment preserved
• Flow amounts
• Development allowance
Language from Act establishing Wilderness Area
Purpose: to “conserve and protect for the benefit and
enjoyment of present and future generations … the water
resources of area streams, based on seasonally available
flows, which are necessary to support aquatic, riparian and
terrestrial species and communities.”
CWCB to appropriate
ISF water rights to
support wilderness
management purposes
in lieu of a federal water
right.
Coordination among
River District,
Wilderness Society,
BLM, CPW and CWCB
on legislation.
Macro-invertebrates
Above average abundance and
diversity
rainbow trout (Oncorhynchus mykiss)
Ephmeroptera
(Mayfly)
Plecoptera (Stonefly)
speckled dace (Rhinichthys osculus)
Coleoptera
(Water beetles)
Diptera
(true flies)
roundtail chub (Gila robusta)
CWT Request for Water Program
• Colorado Water Trust solicited offers of water for
temporary leases for ISF use in April 2012
• Partnered with CWCB staff to process leases
Temporary leases:
• Limited to
– 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
CWT Request for Water Program
In 2012, program resulted in four lease agreements
that benefitted ISFs on:
• Yampa River
• Deep Creek
• Colorado River
• White River (agreement with CPW for releases
from Big Beaver Reservoir)
In 2013:
• Lease agreement benefitting ISFs on St. Louis
Creek and the Fraser River
• Working on a temporary lease in Gunnison Basin
Permanent Water Acquisitions for ISF Use
Peabody Ditch (Moser)
(Boulder Creek and Blue River)
Carbon Lake Ditch (Mineral
Creek and Big Horn Gulch)
Stapleton Brothers Ditch
Maroon Creek and RF River
(pending in water court)
ISF water rights as a tool in developing
alternatives to Wild & Scenic designation
• ISF water rights can
– provide permanent protection of flow-related
Outstandingly Remarkable Values (ORVs)
– through a decreed water right administered
within Colorado’s priority system
• As part of an alternative management plan
accepted by feds, ISFs could eliminate potential
for a federal water right on the subject stream
reach.
Examples of flow-related ORVs that ISF
water rights can help protect
• Fish and recreational fishing
– ISFs can preserve or improve habitat of warm
water or cold water fish species and their food
sources
• Wildlife (otters, bald eagles)
– Benefit these species by protecting fish habitat
and maintaining healthy streams
–
s
• Riparian vegetation
Upper Colorado River Stakeholders Group
• Goal: Create a river management plan alternative
for BLM and USFS to consider as part of planning
process
• Participants: local governments, water users,
environmental and recreation interests,
landowners, state agencies (CWCB, CPW, DWR)
• Plan includes measures to track status of ORVs
(recreational fishing and boating)
• ISFs for base flow a key element of Plan
• BLM chose Plan as preferred alternative in draft
EIS
3 ISF Reaches on the Colorado River
• Blue River to Piney River
• Piney River to Cabin Creek
• Cabin Creek to just u/s of Eagle River
• Stakeholder group developed ISF
recommendations for base flows on each reach.
• CWCB appropriated and applied to water court
for the ISFs in 2011; decreed in 2013.
• Higher flows may be achieved through voluntary
cooperative arrangements, potentially through
the ISF water acquisition program.
Colorado Water Plan
Governor has directed us to incorporate values
identified by the BRTs into the CWP, including:
A strong environment that includes healthy
watershed, rivers and streams, and wildlife
ISF Program’s role:
• Work with BRTs and other stakeholders on
nonconsumptive projects to protect
environmental and recreational attributes
• Seek opportunities to collaborate on multi-use
projects
– Protect environment
– Assist in enabling projects to move forward
http://cwcb.state.co.us/environment/instream-flow-program
Questions?