Colorado lurched one more step towards resolving how to satisfy growing demands for water with stable-to-diminishing supplies when Governor Hickenlooper received the first complete draft of a statewide water plan on Dec. 10.
In compiling the plan, the Colorado Water Conservation Board (CWCB) provided the latest information on current and projected water supplies and defined some “no regrets” actions that would help no matter what the future holds. These include achieving at least low-to-medium levels of conservation, completing already planned projects, implementing water re-use projects, and preserving the option of taking more water out of the Colorado River and its tributaries to meet both West and East Slope needs.
The CWCB stopped short of endorsing (or vetoing) any particular projects to meet future needs or taking a hard stand on the role conservation and land-use restrictions should play in meeting future needs. The draft plan maps the landscape, but doesn’t define the route.
The identification of specific projects was left to roundtables of water providers and stakeholders in each of the state’s major river basins. As anticipated, those basin plans conflict on the issue of whether East Slope basins can continue to rely on additional West Slope water to meet their growing needs. Approximately 500,000 acre-feet per year already flows east across the Continental Divide through ditches and tunnels that siphon off a majority of the natural flows from many headwaters streams. One acre-foot can meet the needs of two to three households for a year under current usage rates.
Seven-point draft conceptual agreement framework for negotiations on a future transmountain diversion screen shot December 18, 2014 via Aspen Journalism
While the draft plan doesn’t say “yes” or “no” to additional transmountain diversions, it does incorporate a seven-point “draft conceptual agreement” on how to negotiate on future transmountain diversions. The draft discussion framework (there’s been a lot of push back on calling it an agreement) contains several new features in the many-decades-long debate between East and West Slope actors over transmountain diversions. It states that the East Slope is not looking for stable water deliveries each year from any such project, recognizing that it may only be able to divert in wet years and would have to use transmountain water in conjunction with non-West Slope sources, such as the Denver Basin aquifer and temporary transfers from agriculture.
The draft framework also notes the need for an “insurance policy” to protect against Colorado water users getting cut off in the event that we fail to let enough water flow beyond the state line to meet downstream obligations. Colorado and the other Upper Colorado River Basin states have never failed to meet their obligation to downstream states under the 1922 Colorado River Compact, but the margin by which we’ve exceeded it keeps diminishing. Additional use in Colorado, Utah, Wyoming and New Mexico, plus continued drought, could push us over that threshold.
While the draft framework is a tiny part of the draft Colorado Water Plan, it’s likely to be at the center of debate between water leaders from each of the state’s major river basins as the draft Colorado Water Plan becomes “final” over the coming year. In a meeting Dec. 18, members of the four West Slope basin roundtables met in Grand Junction to work towards a common negotiating position in those discussions.
The four roundtables share extreme skepticism about the wisdom of any transmountain diversion, no matter the caveats; they also share a concern that any “insurance policy” to protect existing uses from curtailment under the 1922 Colorado River Compact would ultimately result in water being transferred out of West Slope agriculture, even if the transfer is voluntary and lower-impact than the wholesale “buying and drying” of agricultural water rights that has already devastated some East Slope farming communities.
Where the West Slope roundtables begin to diverge is over how additional Colorado River Basin development on the West Slope figures into the picture. Given that any new uses raise the risk of failing to meet downstream obligations, should new West Slope water projects be looked on any more favorably than new projects to send water across the Continental Divide? Where is the right line in the trade-off between protecting existing Colorado River water users and making the fullest use possible of the resource? And what place should “nonconsumptive” uses of water for the health of the environment and recreation play into these decisions?
This already complicated dilemma is made more complicated by the fact that the Yampa and White river basins have fewer dams and diversions on their streams than the other West Slope river basins, and therefore have a greater interest in new projects to provide greater security for existing users, as well potentially irrigate even more land and/or meet the needs of increasing energy development. Is the Yampa Basin bearing an unfair share of the burden of meeting downstream obligations, or would it be even more unfair for existing users in other basins to have to cut back in order to subsidize Yampa Basin growth?
In the quest to find common ground on this issue, participants in the Dec. 18 meeting called for better hydrologic data in order to better understand how much additional risk is created by different levels of additional use.
I don’t know if that’s possible, given the current state of scientific understanding of our region’s climate and hydrology, particularly when it comes to forecasting. What may bear fruit is the search for the right “triggers,” in terms of reservoir and/or streamflow levels, to indicate when more development, on either side of the Continental Divide, can proceed without posing unacceptable risks to the whole system. Don’t expect this dilemma to be resolved any time soon, no matter what deadlines exist on paper.
This is part of a series of articles coordinated by the Water Center at Colorado Mesa University in cooperation with the Colorado and Gunnison Basin Roundtables to raise awareness about water needs, uses and policies in our region. To learn more about the basin roundtables and statewide water planning, and to let the roundtables know what you think, go to http://www.coloradomesa.edu/WaterCenter. You can also find the Water Center on Facebook at http://Facebook.com/WaterCenter.CMU or Twitter at http://Twitter.com/WaterCenterCMU.