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.     

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.     

COOPERATIVE MANAGEMENT OF THE DUNGENESS WATERSHED TO PROTECT SALMON IN WASHINGTON STATE1

ABSTRACT: Over the last decade, the Jamestown S'Klallam Tribe has formed partnerships with their neighboring county government, irrigation districts, property owners, and state and federal agencies in an effort to save the dwindling runs of Dungeness River salmon. Although considerable progress has been made to begin the recovery process, the watershed is included in recent listings of Pacific Northwest salmon under the Endangered Species Act. Under the coordination of an active watershed council, significant improvements have been made in water conservation and the protection of instream flows. Cooperation between the Tribe, irrigation districts and the Washington Department of Ecology resulted in a trust water rights agreement and the reduction of late summer water withdrawals by one‐third.     

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.     

WATER QUALITY IN AGRICULTURAL WATERSHEDS: IMPACT OF RIPARIAN VEGETATION DURING BASE FLOW1

ABSTRACT: Water quality was monitored for 17 months during base flow periods in six agricultural watersheds to evaluate the impact of riparian vegetation on suspended solids and nutrient concentrations. In areas without riparian vegetation, both instream algal production and seasonal low flows appeared to be major determinants of suspended solids, turbidity, and phosphorus concentrations. Peak levels of all parameters were reached during the summer when flows were reduced and benthic algal production was high. Similar summer peaks were reached in streams receiving major point inputs but peaks occurred downstream from the input. Instream organic production was less important in regulating water quality in areas with riparian vegetation and permanent flows. Concentrations of suspended solids remained relatively constant, while phosphorus and turbidity increased in association with leaf fall in autumn. Intermittent flow conditions in summer increased the importance of instream organic production in controlling water quality, even when riparian vegetation was present. Efforts to improve water quality in agricultural watersheds during base flow should emphasize maintenance of riparian vegetation and stable flow conditions.     

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.     

MODELING INSTREAM RECREATIONAL BENEFITS1

ABSTRACT: A basic problem in the management of rivers has been how to balance the tradeoffs between instream and out-of-stream uses. Traditionally, the problem has been addressed by optimizing the economic benefits of flow diversions and regulated releases with instream uses as a flow constraint. An alternative method is to model the effect different river flows have on various recreational uses (e.g., boating, fishing) and then use the results as an additional function or piece of information to determine river project operations and benefits. A methodology that is based on multiobjective decision theory and that relates instream recreational preferences to river flow is proposed. The methodology consists of determining, standardizing, and combining recreational benefit functions, and incorporating potential sources of uncertainty into an estimate of total instream benefits. Thus different types of flow patterns, resulting from reservoir regulation (out-of-stream water uses), can be analyzed to determine their potential instream impact. The methodology is applied to the New River Gorge, West Virginia, which has been designated as a National River.     

REVIEW AND ANALYSIS OF METHODS FOR QUANTIFYING INSTREAM FLOW REQUIREMENTS1

ABSTRACT: Present guidelines for selecting a method to determine instream flow requirements and evaluating the validity of the results from a particular method are insufficient. This paper contributes to the efforts of researchers to develop a guide and critique for instream flow methods. A review of instreani flow methods and recommendations for their application is supplemented by a summary of a comparison of four independent analyses. The four analyses: the Physical Habitat Simulation System approach of the Instream Flow Incremental Methodology by the U.S. Fish and Wildlife Service, the Montana Method by Tennant, and two methods by Orsborn (Maximum Spawning Area Flow and Maximum Spawning Area) represent resource intensive and simplistic data collection and analysis methods. Each analysis was used to independently determine flows to support spawning by chinook salmon (Oncorhynchus tshawytscha) in Willow Creek, Alaska. Results of these analyses indicate that each method can be used independently or collectively to generate instream flow recommendations, if calibrated to the site or area studied. Once adjusted to the species and basin of interest, methods similar to the Montana and two Orsborn methods should be used to determine flow recommendations for areas where competition for water is minimal. The Instream Flow Incremental Methodology or similar methods should be applied when competition for water is keen or when detailed evaluations of the responses of species/life phases to flow variations are required.     

DEVELOPMENT OF FEDERAL RESERVE RIGHTS1

ABSTRACT: The concept that has been termed “Indian Rights to Water” is one manifestation of the area of federal reserved rights that is a major concern of states in arid regions. The federal reserved rights are those that are reserved in fact or by implication in federal actions, acts, reservations, and treaties. Federal actions include such things as navigation improvement and flood control projects. The Federal Court System, since the Civil War has been promulgating, developing, and protecting federal reserved water rights. The development of those rights can be traced from early cases through the landmark cases such as U.S. v. Rio Grande and Irrigation Co. (1899); Winters v. U.S. (1908) with the origin of the Winters' Doctrine of Indian Rights; Federal Power Commission v. Oregon, commonly called the Pelton Dam Case (1955); Arizona v. California (1963); U.S. v. District Court for Eagle County (1971); to existing suits on surface water sources such as that on appeal in regard to reserved federal water rights on the Truckee River. It can be shown that the federal position has been consistent through all the years in that the federal rights have been protected, expanded, developed, and preserved in a more or less predictable manner.     

THE IMPACT OF STOCKWATERING PONDS (STOCKPONDS) ON RUNOFF FROM LARGE ARIZONA WATERSHEDS1

ABSTRACT: Major water rights adjudications involving the Little Colorado River Basin and Gila River Basin are presently underway within Arizona. Water resource managers are faced with the prospect of evaluating and regulating tens of thousands of water diversions and uses. Stockponds comprise a large percentage of the total number of water diversions within these basins. Water balance studies conducted on the Little Colorado River watershed above Lyman Lake and on the Gila River watershed above Solomon, Arizona, indicate that the impact of stockponds on the water available to downstream users is insignificant when compared to total watershed production. Considering that there are an estimated 25,000 stockponds in the Gila River basin alone, rigorous case-by-case investigations and stringent regulation of individual stockponds may be impractical and unwarranted. Therefore, stock-pond claims within the context of the general adjudication process may be effectively handled by partial summary judgment, thereby allowing the court to concentrate on major water users and water rights issues.     

Assessing Ecological Integrity of Ozark Rivers to Determine Suitability for Protective Status

Preservation of extraordinary natural resources, protection of water quality, and restoration of impaired waters require a strategy to identify and protect least-disturbed streams and rivers. We applied two objective, quantitative methods to determine stream ecological integrity of headwater reaches of 10 Ozark rivers, 5 with Wild and Scenic River federal protective status. Thirty-four variables representing macroinvertebrate and fish assemblage characteristics, in-stream habitat, riparian vegetation, water quality, and watershed attributes were quantified for each river and analyzed using two multivariate approaches. The first approach, cluster and discriminant analyses, identified two groups of river with only one variable (% forested watershed) reliably distinguishing groups. Our second approach employed ordinal scaling to compare variables for each river to conceptually ideal conditions that were developed as a composite of optimal attributes among the 10 rivers. The composite distance of each river from ideal was then calculated using a unidimensional ranking technique. Two rivers without Wild and Scenic River designation ranked highest relative to ideal (highest ecological integrity), and two others, also without designation, ranked most distant from ideal (lowest ecological integrity). Fish density, number of intolerant fish species, and invertebrate density were influential biotic variables for scaling. Contributing physical variables included riparian forest cover, water nitrate concentration, water turbidity, percentage of forested watershed, percentage of private land ownership, and road density. These methods provide a framework for refinement and application in other regions to facilitate the process of establishing least-disturbed reference conditions and identifying rivers for protection and restoration.     

APPLICATION OF MODERN ORGANIZATIONAL CONCEPTS TO A LARGE WATER RESOURCE STUDY1

ABSTRACT: Modem management concepts were used to increase the efficiency and productivity of a large and complex water resource study conducted on two Delaware River components of the National Wild and Scenic Rivers System. The study analyzed the hydraulics of a 120 mile reach of the river using Rhodamine WT dye injected under medium-flow, low-flow steady-state, and low-flow-surge wave flow conditions. The study benefited from a decentralized management structure that used informal teams to attain quality control objectives, to overcome study difficulties, to secure substantial interagency cooperation, and to maximize limited financial and staffing resources.     

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.     

THE EVOLUTION OF TEXAS WATER LAW AND THE IMPACT OF ADJUDICATION1

Texas' surface water law began its evolution during the Hispanic period of occupance. Later, the English riparian doctrine was adopted, and finally, in the late 1800's, the prior appropriation doctrine was superimposed, resulting in an exceedingly complex dual system. Though the judiciary, legislature, and state water agencies have wrestled with the problem of coordinating these diverse water rights and more accurately delineating and measuring riparian rights and water use since early in this century, until recently all attempts were unsuccessful. The unknown riparian element, in particular, made coordinated and efficient management and administration of the state's surface water resources impossible. Finally, measurable progress toward solution of these problems began in 1967 with passage of the Water Rights Adjudication Act, aimed at identifying all unrecorded surface water rights claims and eventually merging all claims into the permit system. This paper examines the gradual evolution of Texas' curious blend of Hispanic-English riparian rights and later appropriate rights; discusses the resultant problems of water resource administration; and traces the progress of the ongoing water rights adjudication, a lengthy, expensive, and complex procedure, which should eventually make possible more efficient administration of all surface water rights.     

Economic Value of Instream Flow for Non-Commercial Whitewater Boating Using Recreation Demand and Contingent Valuation Methods

Whitewater river kayaking and river rafting require adequate instream flows that are often adversely affected by upstream water diversions. However, there are very few studies in the USA of the economic value of instream flow to inform environmental managers. This study estimates the economic value of instream flow to non-commercial kayakers derived using a Travel Cost Method recreation demand model and Contingent Valuation Method (CVM), a type of Contingent Behavior Method (CBM). Data were obtained from a visitor survey administered along the Poudre River in Colorado. In the dichotomous choice CVM willingness to pay (WTP) question, visitors were asked if they would still visit the river if the cost of their trip was $Y higher, and the level of $Y was varied across the sample. The CVM yielded an estimate of WTP that was sensitive to flows ranging from $55 per person per day at 300 Cubic Feet per Second (CFS) to a maximum $97 per person per day at flows of 1900 CFS. The recreation demand model estimated a boater’s number of trips per season. We found the number of trips taken was also sensitive to flow, ranging from as little as 1.63 trips at 300 CFS to a maximum number of 14 trips over the season at 1900 CFS. Thus, there is consistency between peak benefits per trip and number of trips, respectively. With an average of about 100 non-commercial boaters per day, the maximum marginal values per acre foot averages about $220. This value exceeds irrigation water values in this area of Colorado.     

MONTANA'S EXPERIENCE IN RESERVING YELLOWSTONE RIVER WATER FOR INSTREAM BENEFICIAL USES - LEGAL FRAMEWORK1

ABSTRACT: The Yellowstone River historically has produced an ample supply of high quality water which is widely used for irrigation, municipal and industrial purposes, recreation, and fish and wildlife. Recently, energy companies have attempted to obtain water rights in the Yellowstone basin for energy conversion facilities in coal-rich southeastern Montana. Existing users fear that energy diversions will impair their rights, preclude expansion of present beneficial users, degrade water quality, and adversely effect fish and aquatic life. In response to these concerns, the Montana Legislature enacted several laws to regulate water appropriations in the Yellowstone River basin, including means by which state and federal agencies could apply for reservations of water for future beneficial uses. Thereafter, both the Montana Fish and Game Commission and the State Water Quality Bureau formally requested relatively large instream flows to protect fish and wildlife and to maintain water quality. This paper describes Montana's experience through December of 1977 with the administration of water in the Yellowstone basin under these laws; emphasis is placed on the major requests for instream flows. The final resolution of the reservation applications, and the related ramifications, will be discussed in a future paper.     

ESTIMATING THE PUBLIC'S VALUES FOR INSTREAM FLOW: ECONOMIC TECHNIQUES AND DOLLAR VALUES1

ABSTRACT: Sound water resource management requires comparison of benefits and costs. Many of the perceived benefits of water relate to providing instream flow for recreation and endangered fish. These uses have value but no prices to guide resource allocation. Techniques to estimate the dollar values of environmental benefits are presented and illustrated with several case studies. The results of the case studies show that emphasis on minimum instream flow allocates far less than the economically optimum amount of water to instream uses. Studies in Idaho demonstrated that optimum flows that balance benefits and costs can be ten times greater than minimum flows. The economic benefits of preserving public trust resources outweighed the replacement cost of water and power by a factor of fifty in California. While it is important to incorporate public preferences in water resource management, these economic survey techniques provide water managers with information not just on preference but how much the public is willing to pay for as well. This facilitates comparison of the public costs and benefits of instream flows.     

COMPUTATION OF UNSTEADY FLOWS IN THE ALABAMA RIVER1

ABSTRACT: An application is described of the branch-network flow model, BRANCH, to the upper Alabama River system in central Alabama. The model is used to simulate one-dimensional unsteady flows and water surface elevations in approximately 60 river miles of the Alabama River system. Preliminary calibration was made using 72 hours of observed data. Simulated discharges are about 10 percent lower than observed discharges at higher discharge rates and computed flows lag observed flows by about 30 minutes.     

CHARACTERIZATION OF HYDROLOGIC CONDITIONS TO SUPPORT PLATTE RIVER SPECIES RECOVERY EFFORTS1

ABSTRACT: Efforts are under way to recover habitat for several threatened and endangered species in and along the Platte River in central Nebraska. A proposed recovery program for these species requires a means of characterizing “wet” versus “normal” versus “dry” hydrologic conditions in order to set corresponding Platte River instream flow targets. Methods of characterizing hydrologic conditions in real time were investigated for this purpose. Initially, 10 watershed variables were identified as potentially valuable indicators of hydrologic conditions. Ultimately, six multiple linear regression equations were developed for six periods of the year using a subset of these variables expressed as frequencies of nonexceedence. The adequacy of these equations for characterizing conditions was assessed by evaluating their historic correlation to subsequent flow in the central Platte River (1947–1994). These equations explained 54 to 82 percent of variability in the observed flow exceedences in the validation datasets, depending upon the period of year evaluated. These equations will provide initial criteria for setting applicable flow targets to determine, in real time, whether water regulation projects associated with the species recovery effort can divert or store flows without conflicting with recovery objectives.