MONTANA'S EXPERIENCE IN RESERVING YELLOWSTONE RIVER WATER FOR INSTREAM BENEFICIAL USES - THE RESERVATION DECISION1

ABSTRACT: The Yellowstone River in Montana produces an abundant supply of high quality water, but in the early 1970's, the specter of mushrooming energy development in the drainage with its attendant demands for large volumes of water prompted this state to initiate steps to protect existing users and to control future water uses. A Water Use Act was passed in 1973, and a moratorium was subsequently placed on the granting of new permits for major diversion. During this moratorium, various governmental entities were given the opportunity to request the reservation of water for future beneficial uses, including instream purposes. An earlier paper described the reservation applications that were received by the state, and it also summarized the legal framework of the reservation process in Montana. Since that time, the responsible state agency has had the opportunity to review the reservation requests, and its final decision in this regard was announced in December of 1978. This paper describes the details of this decision. Basically, an attempt was made to preserve the integrity of the stream while also strengthening its agricultural uses. In addition, a portion of the flow was not earmarked which will provide some flexibility in reacting to future demands.     

QUANTIFICATION OF INSTREAM FLOW NEEDS OF A WILD AND SCENIC RIVER FOR WATER RIGHTS LITIGATION1

ABSTRACT: The lower 4 miles of the Red River, a tributary of the Rio Grande in northern New Mexico, was designated as one of the “instant” components of the National Wild and Scenic River System in 1968. The Bureau of Land Management (BLM), as the managing agency of the wild and scenic river, was a participant in a general water rights adjudication of the Red River stream system. The BLM sought a federal reserved water right and asserted a claim to the instream flows necessary to protect and maintain the values of the river. Instream flows are not recognized under New Mexico water law. Instream flow requirements were determined by several methods to quantify the claims made by the United States for a federal reserved water right under the Wild and Scenic Rivers Act. The scenic (aesthetic), recreational, and fish and wildlife values are the purposes for which instream flow requirements were claimed. Since water quality is related to these values, instream flows for waste transport and protection of water quality were also included in the claim. The U.S. Fish and Wildlife Service's Instream Flow Incremental Methodology was used to quantify the relationship between various flow regimes and fish habitat. Experience in this litigation indicates the importance of using state-of-the-art methodologies in quantifying instream flow claims. The incremental methodology held up well under technical and legal scrutiny and is an example of the latest methodology that was applied successfully in an adjudication. On February 23, 1984, the parties involved in the adjudication entered a precedential stipulation recognizing a federal reserved right to instream flows for the Red River component of the National Wild and Scenic River System.     

Irrigation-Dependent Wetlands Versus Instream Flow Enhancement: Economics of Water Transfers from Agriculture to Wildlife Uses

Irrigated agriculture throughout western North America faces increasing pressure to transfer water to nonagricultural uses, including instream flows for fish and wildlife management. In an important case, increased instream flows are needed in Nebraskas Platte River for recovery of threatened and endangered fish and wildlife species. Irrigated agriculture in the Laramie Basin of southeast Wyoming is a potential water source for the effort to enhance instream flow. However, flood irrigation of hayfields in the Laramie Basin has created many wetlands, both ephemeral and permanent, over the last century. Attempting to increase Platte River instream flows by purchasing water rights or improving irrigation efficiency in the Laramie Basin would transform irrigated agriculture, causing a substantial fraction of the Laramie Basins wetlands to be lost. A creative solution is needed to prevent the sacrifice of one ecosystem on behalf of another. A rotating short-term water-leasing program is proposed. The program allows Laramie Basin producers to contribute to instream flows while continuing to support local wetlands. Permanent wetland desiccation is prevented and regional environmental water needs are met without impairing local ecological resources. Budget analysis is used to provide an initial cost estimate for acquiring water from agriculture through the short-term leasing program. The proposed approach is more expensive than traditional programs but allows contribution to instream flows without major wetland loss. Short-term leasing is a more efficient approach if benefits from wetlands exceed the difference in cost between the short-term lease program and programs that do not conserve wetlands.     

USE OF A HYDROLOGIC MODEL IN A BASIN-WIDE WATER ALLOCATION PROCEEDING1

ABSTRACT: The Montana Department of Natural Resources and Conservation developed a hydrologic model to help analyze the effects of allocating water for consumptive and instream uses in the upper Missouri River basin of Montana. The model, a PC-based FORTRAN program, uses a mass-balance approach to compute monthly streamflows, reservoir operations, hydropower production, and irrigation and municipal water uses throughout the 54,000 square mile basin for a 59-year base period. Simulation results are presented as monthly mean and percentile-exceedence values. The model was run for baseline conditions and six hypothetical water-allocation alternatives. Results were used by staff resource area specialists to assess potential impacts to water quantity and distribution, water rights, water quality, stream channel form, fisheries, wildlife, recreation, hydropower production, and economics. These analyses were presented to the public and the decision-making board in an environmental impact statement (EIS). Though, in many instances, the model did not allow for detailed, site-specific analyses, the model was an important tool and its simulation results formed the hydrologic basis for the EIS.     

WATER RIGHTS,ALLOCATION, AND CONFLICTS IN THE TONGUE RIVER BASIN,SOUTHEASTERN MONTANA1

ABSTRACT: Southeastern Montana's Tongue River basin is experienceing rapid development of its extensive coal deposits which is significantly impacting the basin's hydrologic systems. Energy development projects may require more water than is available and threatens to dewater the river, degrade water quality, and endanger aquatic econosystems. The Montana Water Use Act promised to end the uncertainty which has existed in Montana water law. However, serious difficulties have been encountered in implementing the law and Tongue River water rights remain in a state of uncertainty. The Tongue River's water was allocated in 1978 but the division of the river's water is meaningless due to Indian lawsuits and lack of an agreement between Montana and Wyoming concerning the Yellowstone River Compact. Thus water which is hydrologically available may not be legally available.     

ASSESSING INSTREAM FLOWS AND RESERVOIR OPERATIONS ON AN EASTERN IDAHO RWER1

ABSTRACT: A methodology for assessing reservoir management was applied to the historical conflict between winter fish and wildilife flows below Island Park Reservoir on Henrys Fork of the Snake River and the fulfillment of storage water rights. The methodology consists of (1) identifying impacts of flow regulation, (2) quantifying relationships among variables affecting physical reservoir fill, and (3) assessing effects of these discharges on the fulfillment of water rights in the context of a larger system of interrelated reservoirs. Winter (storage season) flows are critical to management of fish and wildlife populations below Island Park Dam, but flow regulation has resulted in decreased winter discharge. Allowable winter flows are a function of inflow, length of storage season, reservoir content at the start of storage season, and potential for downstream capture of excess storage season water discharged at Island Park. Modeling results indicate that winter flows in the range of those recommended for fish and wildlife management are attainable during average years but not during years when initial reservoir content is low. The methodology was successful in quantifying information useful to decision makers in a variety of agencies and disciplines and could be applied to solve water management problems on other regulated river systems.     

Buy Me a River: Purchasing Water Rights to Restore River Flows in the Western USA

In recent decades, public and private environmental entities have been purchasing or leasing water rights across the Western United States (U.S.) in efforts to restore river flows and aquatic ecosystems. The need to pay for flow restoration arises from the fact that state governments did not begin to reserve water for instream purposes until the 1970s, long after water rights had become over‐appropriated and flows were substantially depleted in most rivers. As a consequence, flow depletion has become the leading cause of fish endangerment in the U.S., including the imperilment of two‐thirds of all native fish species in the Colorado River system. This paper takes stock of the progress made in buying water for the environment, specifically by reviewing and analyzing more than 50 transactions executed by public and private entities and the sources of funding underpinning these transactions. We conclude that nongovernmental actors — such as environmental organizations and state water trusts — are integral to regional efforts to restore river flows; these nongovernmental actors executed more than two‐thirds of the transactions we documented. However, we also conclude that the long‐term success of these nongovernmental actors depends upon the availability of sustained public funding that enables them to build capacity and engage in the large number of transactions needed to restore flows across each state.     

SIMULATION AND DECISIONMAKING: THE PLATTE RIVER BASIN IN NEBRASKA1

Substantial conflict exists over water management and allocation in the Platte River Basin of Nebraska. An interdisciplinary computer simulation model, representing the water quantity, water quality, environmental, and economic dimensions of the conflict, was developed in order to analyze the tradeoffs among allocation scenarios. Most importantly, decisionmakers and interest groups were involved in model development. Simulation results for a base case and two scenarios are presented. One scenario favors protection of instream flow for wildlife; the other favors water diversions for agriculture. Impacts of the instream flow scenario, as measured by the amount of land irrigated, groundwater levels, the amount of wildlife habitat for cranes and catfish, and net agricultural benefits did not differ greatly from those of the base case. However, impacts of the diversion scenario were substantial. On the negative side, instream flows and wildlife habitat declined an average of 39 percent; while, on the positive side, groundwater levels and net agricultural benefits each increased 6 percent. The modeling process was successful insofar as it promoted an understanding among the highly diverse interest groups of the systems nature of the Basin. One agreement on a water diversion schedule among three of the parties has been reached, partly as a result of this process. More comprehensive compromises have not yet been forged. Our experience, however, indicates that modeling success at the policymaking level depends more on the extent to which the policymakers understand the model than it does on model sophistication.     

FROM FLOW TO FISH TO DOLLARS: AN INTEGRATED APPROACH TO WATER ALLOCATION1

This paper details a case study of economic and natural system responses to alternative water management policies in the Cache La Poudre River basin, Colorado, 1980–1994. The case study is presented to highlight the value and application of a conceptual integration of economic, salmonid population, physical habitat, and water allocation models. Five alternative regimes, all intended to increase low winter flows, were investigated. Habitat enhancements created by alternative regimes were translated to population responses and economic benefits. Analysis concluded that instream flows cannot compete on the northern Colorado water rental market; cooperative agreements offer an economically feasible way to enhance instream flows; and establishing an instream flow program on the Cache La Poudre River mainstem is a potentially profitable opportunity. The alliance of models is a dynamic multidisciplinary tool for use in professional settings and offers valuable insight for decision-making processes involved in water management.     

ECONOMIC COSTS AND BENEFITS OF INSTREAM FLOW PROTECTION FOR ENDANGERED SPECIES IN AN INTERNATIONAL BASIN1

ABSTRACT: The U.S. Endangered Species Act (ESA) restricts federal agencies from carrying out actions that jeopardize the continued existence of any endangered species. The U.S. Supreme Court has emphasized that the language of the ESA and its amendments permits few exceptions to the requirement to give endangered species the highest priority. This paper estimates economic costs associated with one measure for increasing instream flows to meet critical habitat requirements of the endangered Rio Grande silvery minnow. Impacts are derived from an integrated regional model of the hydrology, economics, and institutions of the upper Rio Grande Basin in Colorado, New Mexico, Texas, and Mexico. One proposal for providing minimum streamflows to protect the silvery minnow from extinction would provide guaranteed year round streamflows of at least 50 cubic feet per second in the San Acacia reach of the upper Rio Grande. These added flows can be accomplished through reduced surface diversions by New Mexico water users in dry years when flows would otherwise be reduced below the critical level required by the minnow. Based on a 44‐year simulation of future inflows to the basin, we find that some agricultural users suffer damages, but New Mexico water users as a whole do not incur damages from a policy that reduces stream depletions sufficiently to provide habitat for the minnow. The same policy actually benefits downstream users, producing average annual benefits of over $200,000 per year for west Texas agriculture, and over $1 million for El Paso municipal and industrial water users, respectively. Economic impacts of instream flow deliveries for the minnow are highest in drought years.     

Conservation Opportunities for Securing In-Stream Flows in the Platte River Basin: A Case Study Drawing on Casper,Wyoming’s MunicipalWater Strategy

The Platte River Basin consists of tributaries largely in Wyoming, Colorado and Western Nebraska, with the main stem in Central Nebraska. Critical wildlife habitat on the main stem requires additional in-stream flows. The watershed is one hosting multiple resources, a variety of users, and managed by an array of state and federal agencies. This study proposes a basis for securing in-stream flows for the Platte River. Candidate water supply mechanisms are suggested based on the way in which Casper, Wyoming secured water for its municipal needs. Canal lining is compared to a dam project, increasing reservoir storage, and purchasing water rights, with consideration also made for water pricing to reduce municipal use. Comparisons are based on economic efficiency, potential water conservation, and property rights criteria. Canal lining, coupled with demand management, is shown to conserve water best, given the set of efficiency and cost criteria for in-stream flow enhancement. The approach offers an opportunity to organize the water supply choice context in a transboundary watershed when quantitative information is limited.     

DINOSAUR NATIONAL MONUMENT: THE EVOLUTION OF A FEDERAL RESERVED WATER RIGHT1

ABSTRACT: Dinosaur National Monument, in northwestern Colorado, has become a test case in the establishment of a federal reserved water right to instream flows. For the first time, the Interior Department was forced to rigorously defend its claims in a watershed where the federal government did not control the upstream reaches. Inadequate quantification of minimum flow requirements, court orders, and an apparent Congressional ban on the spending of Water Resources Program funds by the Park Service to quantify its water rights have already placed the Service in a difficult position to protect instream flows for maintaining the ecological integrity of the Monument. As late as 1983, administrators of the Park Service were divided over their legal strategy, many wanting to pursue a policy of claiming “natural, historic” flows rather than “minimum” flows. The conditional right to instream flows panted to the Park Service in 1978 was subject to quantification within five years. That deadline has been extended, but it is not likely that the case will reach final settlement this decade. Until the design and conduct of federal water rights quantifications better integrate public policy and law with science, the principle lesson from Dinosaur may have to be repeated.     

WATER POLICIES FOR ENERGY DEVELOPMENT1

ABSTRACF: Examination of a series of studies of the economically efficient water allocations in the Upper Colorado River, Yellowstone River, and Great Basins indicate that water is not a serious general physical constraint on the development of energy resources, so long as public institutions do not hinder the exchange of water rights in markets. Energy development will cause limited impacts on other water-using sectors, principally agriculture. There appears to be little reason to develop large-scale water storage facilities, even during periods of reduced water production. Water storage developments appear to be necessary only when institutional constraints severely restrict water rights markets and transfers.     

Ranch Ownership Change and New Approaches to Water Resource Management in Southwestern Montana: Implications for Fisheries1

Abstract:  This article reports on a survey of ranch owners in high amenity areas in southwestern Montana that have experienced marked ownership change over the last two decades. Specifically, we focus on findings from a set of questions targeting water resource and riparian area management. After reviewing the results, we consider how new owners may be managing water resources differently than longtime owners and what the ecological implications of this shift in management might be for Montana’s prized wild fisheries. Uses more closely associated with new owners than with longtime owners include water reallocation to instream uses, aquatic and riparian ecosystem restoration, and fish pond construction. These uses have both positive and negative impacts on the region’s fisheries. Our findings suggest that current laws and institutions guiding the management of water resources and the aquatic and riparian ecosystems they support may not be adequate to address emerging conservation opportunities and challenges.     

HYDROLOGIC AND ECONOMIC IMPACTS OF DROUGHT UNDER ALTERNATWE POLICY RESPONSES1

ABSTRACT: A severe sustained drought in the Colorado River Basin would cause economic damages throughout the Basin. An integrated hydrologic-economic-institutional model introduced here shows that consumptive water users in headwaters states are particularly vulnerable to very large shortfalls and hence large damages because their rights are effectively junior to downstream users. Chronic shortfalls to consumptive users relying on diversions in excess of rights under the Colorado River Compact are also possible. Nonconsumptive water uses (for hydropower and recreation) are severely affected during the worst drought years as instream flows are reduced and reservoirs are depleted. Damages to these uses exceeds those to consumptive uses, with the value of lost hydropower production the single largest economic impact of a severe sustained drought. Modeling of alternative policy responses to drought suggests three general policy approaches with particular promise for reducing damages. Consumptive use damages can be reduced by over 90 percent through reallocation from low to high valued uses and through reservoir storage strategies which minimize evaporation losses. Reservoir management to preserve minimum power pool levels for hydropower production (and to maintain reservoir recreation) may reduce damages to these nonconsumptive uses by over 30 percent, but it may increase consumptive use shortfalls.     

RELATIVE REGIONAL VULNERABILITY OF WATER RESOURCES TO CLIMATE CHANGE1

ABSTRACT: Changes in global climate may alter hydrologic conditions and have a variety of effects on human settlements and ecological systems. The effects include changes in water supply and quality for domestic, irrigation, recreational, commercial, and industrial uses; in instream flows that support aquatic ecosystems, recreation uses, hydropower, navigation, and wastewater assimilation; in wetland extent and productivity that support fish, wildlife, and wastewater assimilation; and in the frequency and severity of floods. Watersheds where water resources are stressed under current climate are most likely to be vulnerable to changes in mean climate and extreme events. This study identified key aspects of water supply and use that could be adversely affected by climate change, developed measures and criteria useful for assessing the vulnerability of regional water resources and water dependent resources to climate change, developed a regional database of water sensitive variables consistent with the vulnerability measures, and applied the criteria in a regional study of the vulnerability of U.S. water resources. Key findings highlight the vulnerability of consumptive uses in the western and, in particular, the southwestern United States. However, southern United States watersheds are relatively more vulnerable to changes in water quality, flooding, and other instream uses.     

RESOURCE DEMANDS FOR ENERGY DEVELOPMENT IN THE YELLOWSTONE RIVER BASIN1

ABSTRACT: This paper reports on the development of a mathematical model for forecasting energy development in the Yellowstone study area for the years 1985 and 2000, and determining the associated economic demands for water, land, labor, capital, and mineral resources. The study was prepared for use by the Missouri River Basin Commission in conducting a comprehensive, “Level B” planning study of the water and related land resources in the Yellowstone River Basin. The study results indicate that the amount of coal development in the Yellowstone study area will depend primarily upon state and federal energy policies and regulations. Policies related to slurry pipeline transportation of coal will be particularly important in determining the level and pattern of future energy development in the area. Coal production under the “most probable” scenario is expected to increase from about 40 million tons in 1976 to 163 million tons per year by 1985, and 513 million tons in the year 2000. Consumptive water use for energy development in the study area could be as much as 556,000 acre-feet per year by the year 2000 (under the high scenario). A parametric analysis was conducted on the 1985 most probably scenario to determine the influence on the study results of variations in the delivered price of water. Water requirements were reduced by nearly one-fourth as water costs increased from zero to over $750 per acre-foot.     

WATER LOSSES ALONG A REACH OF THE PECOS RIVER IN NEW MEXICO1

ABSTRACT: A reach of the Pecos River, located in eastern New Mexico, was examined to evaluate losses of river flows due to evaporation, seepage, and transpiration. An accurate assessment of the water losses along this reach is critical for determining how water rights are adjudicated for water users in the Pecos basin and interstate compact accounting. Water losses significantly impact flows through critical habitat for species protected under the Endangered Species Act. Daily losses of river flows were analyzed for the study reach that extends from immediately below the Pecos River confluence with Taiban Creek to the United States Geological Survey (USGS) gage near Acme. The analysis was completed with consideration for other processes including flood wave travel times and attenuation along with stream bank storage and returns. The analysis was completed using daily stream flow data from USGS gages located along the study reach. Empirical seasonal functions were developed to relate flow loss to the flow rate in the river. The functions were ultimately developed to provide a method for comparing the effects of different river flows on the available water supply.     

POSTFIRE SUSPENDED SEDIMENT FROM YELLOWSTONE NATIONAL PARK,WYOMING1

ABSTRACT: Wildfires in 1988 burned over 2000 square miles of the greater Yellowstone area in Montana and Wyoming in the largest fires in the history of Yellowstone National Park (YNP). A four-year postfire study to estimate fire-related changes in suspended sediment transport on the Yellowstone River and its principal tributary in YNP, the Lamar River, benefitted from a recently completed three-year prefire baseline study. Both studies took daily depth-integrated samples from April through September. Fire-related changes in suspended sediment were distinguished from natural climatic variations by two methods: comparison of forecast postfire sediment loads estimated with prefire sediment-rating equations to measured postfire loads; and by postfire changes in suspended sediment load expressed per unit volume runoff. Both methods indicated postfire sediment increases that varied according to season. The higher elevation Lamar River basin had little postfire increase in spring snowmelt season sediment but large increases in summer sediment load. The Yellowstone River had postfire increases in sediment load for the spring but did not reflect the large summer increases of its upstream tributary. The reasons for the difference in postfire snowmelt sediment response are unclear but may relate to basin elevation differences, the effects of unburned watersheds, and cooler postfire springs. The few high streamflow snowmelt events in the postfire period mitigated postfire sediment increases.     

DECISION-MAKING PROCESS ON THE DANUBE AND THE PLATTE1

ABSTRACT: Two case studies highlighting the institutional arrangements and decision-making processes used to attempt to allocate water on large scale river systems in two countries are presented. In both cases the implementation of river plans has been blocked by conflicts between those who wish to use water for irrigation, hydropower, or municipal purposes and those who wish to maintain instream flows for fish and wildlife. To date conflict has blocked the implementation of a large hydropower scheme on the Danube River, downstream from Vienna, Austria, and the construction of municipal and agricultural projects, as well as the relicensing of an existing hydropower facility on the Platte River in Nebraska. Analysis of the decision-making processes and institutional settings of both cases led to the identification of problem areas and development of recommendations that would support the achievement of compromise solutions for management.