Allocation of Conserved Water Program Presented By Dwight French

1. When I was about 5-years old, my Dad told me the day would come when good clean water would be worth more than gold—I laughed and called him a crazy old man! 1

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3. Allocation of Conserved Water ProgramPresented By Dwight French 3

5. Program Overview • Voluntary program • The program is intended to provide incentives to encourage water users to improve the efficiency of their irrigation systems. • Allows use of “conserved water” for other purposes: • Portion for applicant to use on other lands, etc. • Portion to state for instream right • Provides more water for the ecosystem without any impairment to water users 5

6. What is an Allocation of Conserved Water Project? Allocation of Conserved Water (ACW) Projects are physical improvements to the water delivery or application systems, which improve the efficiency of the system and result in a measurable quantity of “conserved water.” 6

7. Common ACW Projects Delivery System Projects • Installation of headgates • Locating the diversion closer to the place of use • lining ditches and canals • Addition variable speed, variable pressure or booster pumps • Additional meters, valves, flow controls • Remote monitoring, control and leak detection systems Application System Projects • Converting Flood to Sprinkler System • Upgrading the type of sprinkler system • High pressure to low pressure, low flow • Replacing large sprinklers with low flow drop tube • Moisture monitoring systems 7

8. - = What is Conserved Water? The amount of water that results from conservation measures, measured as the difference between: • the smaller of the amount stated on the water right or the maximum amount of water that can be diverted using the existing facilities; and • the amount of water needed after implementation of conservation measures 8

9. The ACW Program Benefits • The Applicant • Agriculture • The Community • The Environment 9

10. Benefits to Applicant In the absence of this law, water users would not be entitled to use any conserved water to meet new needs. ACW projects provide economic return on efficiency improvements by: • Allowing water for use on additional lands • Allowing for new uses of water • Allowing for the sale or lease of conserved water 10

11. Agricultural Benefits Often provides the only way land owners can apply water to new lands • Provides water for dry land • Reduces field erosion and reduces runoff liability • Cuts down on costs • Reduction of power costs • Reduction of fertilizer quantity • Reduction of labor costs associated with moving hand lines and managing flood irrigation ditches 11

12. Community Benefits Provides opportunity for boost in local economy and creation of jobs Conservation of a scarce resource for future generations Enhances Instream Public Uses

13. Enhances Instream Public Uses Recreation • Conservation, aquatic and fish life, wildlife, fish and wildlife habitat Pollution abatement Navigation

14. Why the Program Works The ACW program works because it provides new benefits to the water user, the environment and the public without detriment to existing water uses. Division of the conserved wateris generally: • 75% applicant choice: • Use of water on additional lands • 25% goes to State: • receives instream water right 14

15. Who Gets What? How much water does the applicant get to keep? • Allocation of the conserved water depends on a few factors: • Amount of non-reimbursable funding received from Federal or State government • Amount of water, if any, needed to mitigate injury

16. Allocation of Conserved Water Allocation formula * The applicant may agree to receive a lesser amount of the conserved water to donate or sell for instream use

17. Allocation of Conserved Water * The applicant may choose to donate, lease or sell a greater portion of the conserved water for instream use

18. The Split Calculation • Total quantity of conserved water reduced to mitigate for injury, if necessary • At a minimum, 25% of the remaining conserved water is returned to the State as an instream water right. Pro-rated reduction for public funds • Portion of project funded by the public, if any becomes the new instream water right • Only non-reimbursable public funds counted • The remaining portion of conserved water is available for the applicant’s choice of use • The applicant is always entitled at least 25% of the conserved water

19. The Split Calculation • The total quantity of conserved water is reduced by: • Quantity of water required to mitigate injury • After mitigation for injury, the remaining portion is reduced the portion of public funds used to finance the project • The remaining portion of goes to the applicant

20. Mitigate for Injury • Before any conserved water may be applied to any new use the applicant must ensure the project will not injure any other water right • Injury occurs when the project results in any reduction in the quantity of water that would have been legally available to another user if the project had not been performed • Mitigation is the reduction in the quantity of conserved water required to prevent injury

21. State’s Share • After mitigating for injury, if required • The State is entitled to a minimum of 25% plus the percentage of any public money used to fund the project • Only State and Federal non-reimbursable funds are counted • Public funds reduction capped at 75% • Even if 100% of the project cost is from public funds, the applicant is entitled to a minimum of 25% of the conserved water.

22. Applicant’s Share • After reductions to mitigate for injury; and • Reductions to account for the State’s Share • The remaining quantity of conserved water is may be used according to the applicant’s preference of: • New place of use • New character of use

23. Allocation Schematic Original Right 10 cfs Applicant’s Share Conserved Water 2.25 cfs 3cfs 6 cfs 4 cfs 0.75 cfs 1 cfs Instream Right Conserved Water Remaining Right Mitigation to prevent injury (if needed)

24. Allocation Schematic Original Right 30.0 AF Applicant’s Share Conserved Water 7.75 AF 10.0AF 20.0 AF 10.0 AF 2.25 AF 0.0 AF Instream Right Conserved Water Remaining Right Mitigation to prevent injury (if needed)

25. Choice of Priority Date • The applicant may choose either of the following priority dates for the conserved water: • One minute junior to the originating right; or • The same as the originating right • Both the new use and instream rights must have the same priority

26. Who Can Apply Generally? • Any person or group of persons holdinga water use subject to transfer as defined in ORS 540.505 may submit an application • If a person proposes conservation measures within the boundaries of a district, the person must also submit evidence that the district has approved the application

27. Best to submit application prior to starting project But applications may be submitted up to 5-years after implementation of conservation measures

28. Allocation of Conserved Water Process WRD Goal: Proposed Final Order within 9 months WRD Review Application Submittal Proposed Final Order Final Order Public Notice2 weeksin local newspaper Protests & Protest Resolution Public Comment 35 DayComment Period 60 Day Protest Period

29. Questions? Please contact Kody Thurgood for more information: • Call: (503) 986-0892 • Email: ACW-Questions@wrd.state.or.us