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Groundwater Management. Boyd Clayton UWUA Fall Conference October 25, 2016. Thought.
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Groundwater Management Boyd Clayton UWUA Fall Conference October 25, 2016
Thought While eagerly pressing forward in the search after the secrets of nature, we are apt to keep the eye too constantly fixed on the way that has to be travelled, and to loose sight and remembrance of the paths already trodden. Geikie (1897)
Early Understanding of Groundwater Until the 1800s, groundwater was thought too significant to be accounted for on the basis of precipitation and the earth too impermeable to allow for its infiltration. Some may still be there … The leading theory of the day was that water from the sea made its way into the interior of the earth in caverns to encounter a central fire. There the water was evaporated and steamed up through the earth’s crust to the mountain tops in caverns. The salt was left behind in the rock through which the steam had passed.
Early Understanding of Groundwater Experiments around 1800 began showing runoff from streams accounted for only about 1/6 of the precipitation falling on the basin. Springs were observed to fluctuate slightly with precipitation patterns.
Early Understanding of Groundwater In 1856 Henri Darcy gave the results of a series of experiments on the flow of water in sands. His conclusions were expressed in a formula we know as Darcy’s Law. It explains in mathematical terms the relationship between velocity of percolation, permeability, and the hydraulic gradient which occurs as water flows through soil.
Early Understanding of Groundwater By 1900 in the scientific community an understanding of groundwater emerged that included precipitation as the source, retention of a portion in the soil to be consumed by plants or evaporate, and movement to greater depths by percolation where water joins underground reservoirs from which it may gradually issue as springs. Quantitative analysis was still far from practical.
Early Utah Law on Water The water of all streams and other sources in this State, whether flowing above or under the ground, in known or defined channels, is hereby declared to be the property of the public, subject to all existing rights to the use thereof. (Chapter 108, Sec 47, Laws of Utah 1905) Any person, corporation or association, to hereafter acquire the right to the use of any public water in the State of Utah, shall before commencing construction … or performing similar work tending to acquire the said right or appropriation, make an application in writing to the State Engineer. (Chapter 108, Sec 35, Laws of Utah 1905)
Utah Groundwater History 1921 - Early case law distinguished “percolating” (water flowing through the soil) groundwater as not water flowing in a known channel and therefore not public water. A supreme court case applied the concept to artesian waters in Horne v Utah Oil. Wells at this time primarily existed in shallow GW or were artesian. Little GW pumping was occurring.
Utah Groundwater History 1925 - Underground Water addressed for the first time in the State Engineer 16th Biennial report. Engineer recommended new law since existing court decisions had created a correlative right which was unquantifiable and groundwater remained the potentially largest supply of water in the state for further appropriation. Land was being sold on the speculative position groundwater was available without quantification.
Utah Groundwater History 1931 - The Utah Agricultural Experiment Station under contract with the state engineer collected information on 2530 wells which they estimated yielded 100,000 acft. Their opinion was that represented only half of the existing wells in the state and the withdrawal from all wells was estimated to be 250,000 acft. Many small wells began to go dry by pumping of large irrigation wells in the early 1930s combined with drought. Well regulation was thought to be a county duty but few had effective laws. Effort continued to address the issue in statute without success.
Utah Groundwater History 1935 - Wrathall v Johnson reversed the supreme court’s opinion on artesian water and they found it was public water covered under existing application to appropriate statutes. A second decision a few days later enjoined pumping from an artesian aquifer which interfered with an existing well.
Utah Groundwater History 1935 – Prodded by the controversy created by drying wells and the “Wrathal” supreme court decision, public interest in the issue rose and legislation passed to clearly appropriate groundwater going forward and grandfather in historic use. The groundwater law change encompassed four parts: 1) “known channel” removed from public water statute. 2) Underground water claims allowed with sunset date. 3) Replacement water allowed in gw appropriation. 4) SE may create gw distribution systems.
Utah Groundwater History About 1940 turbine and multi-stage submersible pumps allowed for volume pumping from greater depths. Significant appropriation of groundwater followed in the years after the GW law change. By 1970 artesian head was no longer as important to obtain GW and the Utah Supreme Court in Wayman v Murray City clarified water level is not a protectable interest in groundwater. Users of groundwater should expect water level fluctuations in order for the resource to be fully developed and seek replacement water only under unreasonable conditions.
Groundwater Regulation • Seeing Underground
Utah Groundwater History About 1970 the quantitative phase began: Studies contracted to estimate basin yields Geology and flow barriers and enhancers studied Difference in Water levels indicator of GW flow Water Quality and changes in quality as Indicators Groundwater flows systems postulated Digital GW models used to test study findings Calibrated GW models used for forecasting
Revision of Groundwater Management Statute • Legislation enacted in 2006 • Established Section 73-5-15 of Utah Code • Tool to help the State Engineer distribute • Existing management plans grandfathered • Clarified no Groundwater Mining
Section 73-5-15(2) • (a) The state engineer may regulate groundwater withdrawals within a specific groundwater basin by adopting a groundwater management plan in accordance with this section for any groundwater basin or aquifer or combination of hydrologically connected groundwater basins or aquifers.
Section 73-5-15(2) • (b) The objectives of a groundwater management plan are to: • (i) limit groundwater withdrawals to safe yield; • (ii) protect physical integrity of the aquifer; and • (iii) protect water quality
Section 73-5-15 • (1) As used in this section: • (a) “Critical management area” means a groundwater basin in which the groundwater withdrawals consistently exceed the safe yield. • (b) “Safe yield” means the amount of groundwater that can be withdrawn from a groundwater basin over a period of time without exceeding the long-term recharge of the basin or unreasonably affecting the basin’s physical and chemical integrity.
Safe Yield • Recharge is a starting point • May be less than recharge to protect physical integrity of the aquifer and water quality • Recharge is verified from a water budget • Inflows (recharge) = Outflows (discharge) + Change in storage
Section 73-5-15 • (3)(b) The state engineer shall base the provisions of a groundwater management plan on the principles of prior appropriation • (4)(c) but may consider voluntary arrangements
Implementing A Groundwater Management Plan DOES • Require Significant Scientific Research and Reporting • Require Meetings and Notice • Invite Comments and Suggestions • Respect all Existing Water Rights and Uses • Allow for Judicial Review
What A Groundwater Management Plan is NOT • An administrative forfeiture action • The creation of a new taxing entity • Adopted by popular vote • Interference without due process
Current Study and Concern Cedar City Valley Parowan Valley Levan – Nephi Mona Goshen Valley Southern Utah Valley Spanish Valley Pahvant Valley
