Interbasin Compact Committee and Basin Roundtables

1. Interbasin Compact Committee and Basin Roundtables Gary Barber, Chair Arkansas Basin Rountable February, 2010

2. Topics for Presentation • Western Water Law is Counter Intuitive • The Prior Appropriation Doctrine • Compacts between the States • Roundtables and the Future “Gap” • Where are we now • Where to next?

3. The Prior Appropriation Doctrine • Mining requires all the water • First in time, first in right

4. The Prior Appropriation Doctrine • The Bureau of Reclamation • Founded 1902 • Conservation defined by the image of Hoover Dam

5. The Prior Appropriation Doctrine • Colorado’s Family Feud • 85% of the usage is East • 87% of the water is West

6. The Prior Appropriation Doctrine • Denver: 375,000 acre-feet/year • Colorado Springs: 85,000 acre-feet/year

7. Compacts Between the States • Equal Apportionment between the States • The Colorado River Compact of 1922 • Seven State • Upper and Lower Basins

8. Compacts Between the States • Compact allowed for development of the resource • The antithesis of Prior Approriation • Reserved water for the future

9. Drought of 2002 Dillon Reservoir

10. A Challenging Era for Colorado Water Thirty years ago: Colorado’s population was ~ 2 million Three of Colorado’s four basins were underappropriated. It was an era of water abundance Today: Colorado’s population is ~ 5 million Three of our four basins are overappropriated. We are now in an era of water scarcity -- and tradeoffs. Briefing by Colorado’s Director of Natural Resources, Harris Sherman, Jan, 2009

11. 2030 M&I Water Demands and Gaps South Platte North Platte Yampa/White/Green 10,300 AF Gap 107,800 AF Colorado 107,600 AF Identified Projects 404,300 AF Gunnison Dolores/ San Juan/ San Miguel Rio Grande Arkansas Briefing by Colorado’s Director of Natural Resources, Harris Sherman, Jan, 2009

12. The Roundtables • Legislatively formed in 2005 • Basin by Basin • Standing for non-water users: • Land use • Enviro/Rec

13. Interbasin Compact Committee • AKA the “Uber” Group • Two reps from each of the Nine (9) Roundtables • Six (6) from the Governor • Two (2) from the General Assembly • The Director of Interbasin Compact Negotiations

14. What is the Arkansas Basin Roundtable? • Two (2) representatives from each County • Plus conservancy & conservation districts • Plus ten (10) at large members • Agriculture • Recreation & Environment • Industry and small municipal water providers

15. Membership

16. Non-Voting Members and Interested Parties

17. Salting the Mine • House Bill 06-179 • $40 Million for Grants • $10 million per year • Severance Tax

18. Needs Committee (Recv’d 10 days prior) Presentation (optional) Tally of members: a. Recommend/not recommend b. Basin Only or Statewide funds ReturnedVote MEMBER? Yes No START Request that meets basic criteria Sponsored to Needs Assessment Contact Member Forward to Exec. Comm. to set agenda Need more info, duplication, other funding sources • Roundtable Meeting • (Electronic distribution • 10 days prior w/ • Tally of Needs Comm.) • Presentation • Discussion • ____________ • Consensus? Yes • No Applicant: Prepares final submission to CWCB w/ Chairman’s Letter (Includes dissenting opinion, if any) SB 179 CWCB BOARD MEETING Statewide: March/Sept. In-Basin: Above + Jan, May July, Nov 60 days prior Yes 2nd Roundtable 75% Supermajority? Vote to Vote? Yes STOP No No

19. As of: March 31, 2009

20. Conclusions: Could we work together? My answer is YES!

21. The Basin Roundtables • Non-Consumptive Needs Assessment • Ag to Urban Water Transfers

22. KEY FINDINGS Arkansas Basin Consumptive Use Water Needs Assessment • Total Gross Gap: 31,700 – 31,900 AF • Counties with largest gap: • El Paso (unincorporated): 22,600 AF • Increased demand: 9,250 AF • Loss of existing groundwater supplies: 13,350 AF • Lake: 5,000 AF • Increased demand- Climax Mine, unincorporated areas, etc Arkansas Basin Roundtable

23. Additional Challenges to Meeting Demand in 2030 (i.e. need for major IP&Ps) Total Need: Approximately45,200 AF I. Technological, Operational, Regulatory Needs • Need for structures (e.g. SDS, Arkansas Valley Conduit) • Water quality issues • Drinking water standards (affects wells w/ radionuclides) • Surface water quality standards (affects RO brine disposal) • Need for additional water rights Arkansas Basin Roundtable

24. Non-Consumptive Needs Assessment • Configured on Hydraulic Unit Codes (HUC’s) and their attributes • Adopted at the April, 2008 Roundtable Meeting

26. Non-Consumptive Needs Assessment: HUC Methodology HUC 1 HUC 2 ATTRIBUTES HUC 3 WATERSHED

28. The “Water for the 21st Century” Act • “Basin Roundtables shall actively seek input and advicein establishing its needs assessment, and shall propose projects or methods for meeting those needs.”

29. A Resource Document • Sustainability Values • Bearable • Viable • Equitable • Projects and Methods Matrix • Executive Summary • The Colorado River is important

30. Sustainability Values Is it equitable? Is it viable? Sustainability Is it bearable?

33. Where do we go from here? • Huge infrastructure costs ahead • Small projects • The Gap is not going away

34. Questions