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.     

The Water Market for the Middle and Lower Portions of the Texas Rio Grande Basin1

Leidner, Andrew J., M. Edward Rister, Ronald D. Lacewell, and Allen W. Sturdivant, 2011. The Water Market for the Middle and Lower Portions of the Texas Rio Grande Basin. Journal of the American Water Resources Association (JAWRA) 47(3):597‐610. DOI: 10.1111/j.1752‐1688.2011.00527.x Abstract: Regional water management on the United States’ side of the middle and lower portions of the Rio Grande basin of Texas has been aided by a functioning water market since the early 1970s. The water market operates over a region that stretches from the Amistad Reservoir to the Rio Grande’s terminus into the Gulf of Mexico. This article provides an overview of the organizations, institutions, policies, and geographic particulars of the region’s water‐management system and its water market. In recent years, this region has experienced high population growth, periodic droughts, and a reallocation of water resources from the area’s agricultural sector to the municipal sector. Demand growth for potable water and a relatively fixed supply of raw water are reflected in increasing prices for domestic, municipal, and industrial water rights. Rising prices in the presence of scarcity and the transfer of water from lower‐value to higher‐value uses indicate that the market is operating as suggested by economic theory. Reasons for the market’s functionality are presented and discussed. Finally, suggestions are presented which might mitigate potential complications to market operations from aquifer depletion and aid the management of instream river flows.     

RIO GRANDE VALLEY,COLORADO, NEW MEXICO,AND TEXAS1

ABSTRACT: The Rio Grande Valley National Water-Quality Assessment study unit encompasses about 45,700 square miles in Colorado, New Mexico, and Texas upstream from the gaging station Rio Grande at El Paso, Texas, and includes surface-water closed basins east of the Continental Divide in New Mexico, and the San Luis Closed Basin in Colorado. The mean annual precipitation ranges from less than 6 to more than 50 inches; potential evapo-transpiration ranges from less than 35 to more than 80 inches per year. Land use is mainly rangeland, forest land, and cropland. Total irrigated acreage in 1990 was about 914,000 acres and water use was about 3,410,000 acre-feet. Two structural settings are found in the study unit: alluvial basins and bedrock basins. The alluvial basins can have through-flowing surface water or be closed basins. The discussion of streamflow and water quality for the surface-water system is based on four river reaches for the 750 miles of the main stem. The quality of the ground water is affected by both natural process and human activities and by nonpoint and point sources. Nonpoint sources for surface water include agriculture, hydromodification, and mining operations; point sources are mainly discharge from wastewater treatment plants. Nonpoint sources for ground water include agriculture and septic tanks and cesspools; point sources include leaking underground storage tanks, unlined or manure-lined holding ponds used for disposal of dairy wastes, landfills, and mining operations.     

Impacts of Urbanization and Intensification of Agriculture on Transboundary Aquifers: A Case Study

The objectives were to (1) delineate the complex set of rules governing the fate and transfer of water rights as agricultural land is urbanized in Texas and New Mexico in the United States and Chihuahua in Mexico and (2) estimate the change in water use as a result of such urbanization. Important additional determinants of water use in the region include intensification of agriculture and the hydroschizophrenic policy framework. We conducted interviews with key informants to identify the possible outcomes for changes in water rights as land is urbanized. We constructed decision trees for each of the three jurisdictions, Chihuahua, Texas, and New Mexico, that identified the possible outcomes from urbanization. For each of the possible outcomes in the decision tree, we estimated a range of potential water use outcomes and the most likely water use outcome on a per unit of land area basis. Results show that urbanization of agricultural land has almost no impact on the aggregate demand for or use of surface water. However, the impacts of urbanization on groundwater use vary considerably over the region from Texas to New Mexico to Chihuahua. In New Mexico and Chihuahua where groundwater rights can be leased or sold to other users, the likely impact is a net increase in groundwater use as land is urbanized, ranging from 0 to 3,000 m³/ha in New Mexico and averaging 3,000 m³/ha or more in Chihuahua. In Texas, there is a net benefit in groundwater savings, but those savings are subject to being offset by increased groundwater pumping to meet the needs of expanding pecan production. The net result is continued groundwater depletion, threatening the life of the transboundary aquifers, the Hueco Bolson and the Mesilla Bolson, in the Middle Rio Grande basin (defined as the part of the basin between Elephant Butte Reservoir in New Mexico to the confluence of the river with the Rio Conchos from Mexico).     

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.     

Potential Economic Impacts of Environmental Flows Following a Possible Listing of Endangered Texas Freshwater Mussels

Texas water resources, already taxed by drought and population growth, could be further stressed by possible listings of endangered aquatic species. This study estimated potential economic impacts of environmental flows (EFs) for five freshwater unionid mussels in three Central Texas basins (Brazos, Colorado, and Guadalupe‐San Antonio Rivers) that encompass 36% of Texas (~246,000 km²). A water availability model projected reductions in water supply to power, commercial and industrial, municipal, and agriculture sectors in response to possible EFs for mussels. Single‐year economic impacts were calculated using publicly available data with and without water transfers. Benefits of EFs should also be assessed, should critical habitat be proposed. Potential economic losses were highest during droughts, but were nominal (<$1 M) in wetter years — even with high EFs. Reduced supplies to San Antonio area power plants caused worst‐case impacts of a single‐year shutdown up to $107 million (M) during drought with high EFs. For other sectors in the study area, water transfers reduced worst‐case losses from $80 to $11 M per year. Implementing innovative water management strategies such as water markets, conjunctive use of surface water and groundwater, aquifer storage and recovery could mitigate economic impacts if mussels — or other widely distributed aquatic species — were listed. However, approaches for defining EFs and strategies for mitigating economic impacts of EFs are needed.     

The Transboundary Nature of the Allende–Piedras Negras Aquifer Using a Numerical Model Approach

The Allende–Piedras Negras (APN) aquifer is located between the states of Texas (United States [U.S.]) and Coahuila (Mexico). The Rio Grande crosses the aquifer, acting as a natural and political divide between the countries. However, it remains unclear whether the APN aquifer can be considered a truly transboundary aquifer flow system, which would potentially require joint management by two different administrative jurisdictions. The main purpose of this study was to evaluate the transboundary nature of this aquifer. This was achieved by developing a detailed hydrogeological model to analyze the direction of volumetric fluxes within the APN aquifer using Visual MODFLOW. The model simulated a spatially averaged cumulative drawdown of 0.76 m for the entire aquifer over an 18‐year modeling period (2000–2017). The flow convergence zone, previously located below the Rio Grande, has shifted to the U.S. side in most locations, driven by higher pumping rates of the wells located near the river. This shift of the convergence zone from one country to the other means that groundwater recharge from one side flows underneath the river to the other side. This qualifies the APN aquifer as a “transboundary groundwater flow system.” The procedure followed in this study may be applied to other aquifers that straddle the U.S.–Mexico border and may motivate future modeling studies on other poorly studied transboundary aquifers around the world and thereby enable bi‐national aquifer management.     

INTERNATIONAL MANAGEMENT OF THE RIO GRANDE BASIN THE UNITED STATES AND MEXICO1

ABSTRACT. Despite radical differences in water laws, water management agencies, approaches to water planning, and financial resources, Mexico and the United States forged a common program to manage water and related land on the Rio Grande. Actions of Rio Grande Commissions related to stream gaging, boundary definition, and multiple-purpose construction projects are among the more successful international water-management efforts in the world. Cost-sharing arrangements promoted rapid completing of international works. However, joint action accomplished only part of expectations. International developments were competitive rather than complementary until basin water appropriation was virtually complete. Moreover, Commissions were not empowered to consider long-range competitive water needs, or regional water requirements, throughout the basin. International groundwater use coordination does not exist. International structures produce less than anticipated benefits. Hydroelectric generators are financial liabilities, irrigated acreage exceeds dependable streamflow, and soil salinization is experienced. Unanticipated environmental changes occurred in every major program. The Rio Grande experience points to the need for society to specify goals to which the use of water should contribute and to specify priorities for water use among different sectors of river basins and various segments of society.     

Evaluation of Rio Grande Management Alternatives Using a Surface‐Water/Ground‐Water Model1

Abstract: Previous investigations observed significant seepage losses from the Rio Grande to the shallow aquifer between Socorro and San Antonio, New Mexico. High‐resolution telescopic modeling was used along a 10‐km reach of the Rio Grande and associated drains and canals to evaluate several management alternatives aimed at improving river conveyance efficiency. Observed data consisted of ground‐water and surface‐water elevations, seepage rates along the Rio Grande and associated canals and drains, and borehole geology. Model calibration was achieved by adjusting hydraulic conductivity and specific storage until the output matched observed data. Sensitivity analyses indicated that the system was responsive to changes in hydrogeologic properties, especially when such alterations increased vertical connectivity between layers. The calibrated model predicted that removal of the low flow conveyance channel, a major channel draining the valley, would not only decrease river seepage by 67%, but also decrease total flow through the reach by 75%. The decreased flow through the reach would result in increased water logging and an average increase in ground‐water elevations of 1.21 meter. Simulations of the system with reduced riparian evapotranspiration rates or a relocated river channel also predicted decreased river seepage, but to a much lesser degree.     

Adaptation of Climate Model Projections of Streamflow to Account for Upstream Anthropogenic Impairments

A statistical procedure is developed to adjust natural streamflows simulated by dynamical models in downstream reaches, to account for anthropogenic impairments to flow that are not considered in the model. The resulting normalized downstream flows are appropriate for use in assessments of future anthropogenically impaired flows in downstream reaches. The normalization is applied to assess the potential effects of climate change on future water availability on the Rio Grande at a gage just above the major storage reservoir on the river. Model‐simulated streamflow values were normalized using a statistical parameterization based on two constants that relate observed and simulated flows over a 50‐year historical baseline period (1964–2013). The first normalization constant is a ratio of the means, and the second constant is the ratio of interannual standard deviations between annual gaged and simulated flows. This procedure forces the gaged and simulated flows to have the same mean and variance over the baseline period. The normalization constants can be kept fixed for future flows, which effectively assumes that upstream water management does not change in the future, or projected management changes can be parameterized by adjusting the constants. At the gage considered in this study, the effect of the normalization is to reduce simulated historical flow values by an average of 72% over an ensemble of simulations, indicative of the large fraction of natural flow diverted from the river upstream from the gage. A weak tendency for declining flow emerges upon averaging over a large ensemble, with tremendous variability among the simulations. By the end of the 21st Century the higher‐emission scenarios show more pronounced declines in streamflow.     

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.     

Transboundary Groundwater Policy: Developing Approaches in the Western and Southwestern United States1

Hathaway, Deborah L., 2011. Transboundary Groundwater Policy: Developing Approaches in the Western and Southwestern United States. Journal of the American Water Resources Association (JAWRA) 47(1):103‐113. DOI: 10.1111/j.1752‐1688.2010.00494.x Abstract: The western and southwestern United States include dozens of groundwater basins that cross political boundaries. Common among these shared groundwater basins is an overlay of differing legal structures and water development priorities, typically, with insufficient water supply for competing human uses, and often, a degraded ecosystem. Resolution of conflicts over ambiguously regulated groundwater has clarified transboundary groundwater policy in some interstate basins, while transboundary groundwater policy in international basins is less evolved. This paper identifies and contrasts approaches to transboundary groundwater policy, drawing from recent conflicts and cooperative efforts, including those associated with the interstate compacts on the Arkansas and Pecos Rivers; the Hueco and Lower Rio Grande Basins shared by New Mexico, Texas, and Mexico; and the Mexicali Basin in California and Mexico. Some efforts seek to fit groundwater policy into existing surface water allocation procedures; some strive for a better fit – incorporating scientific understanding of key differences between groundwater and surface water into policy frameworks. In some cases, neither policy nor precedent exists. The collective experience of these and other cases sets the stage for improved management of transboundary groundwater; as such, challenges and successes of these approaches, and those contemplated in several hypothetical model agreements, are examined.     

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.     

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.     

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.     

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.     

INTEGRATED RIVER BASIN OPTIMIZATION: MODELING ECONOMIC AND HYDROLOGIC INTERDEPENDENCE1

ABSTRACT: This paper presents an integrated optimal control model that optimizes economic performance of reservoir management in watersheds in which there are significant economic and hydrologic interdependencies. The model is solved using the General Algebraic Modeling System (GAMS). Results show that application of this model to New Mexico's Rio Chama basin can increase total system benefits over historical benefits by exploiting complementarities between hydroelectricity production, instream recreation, and downstream lake recreation.     

Surface Water Seepage Effects on Shallow Ground‐Water Quality Along the Rio Grande in Northern New Mexico1

Abstract: Interactions between surface irrigation water, shallow ground water, and river water may have effects on water quality that are important for both drinking water supplies and the ecological function of rivers and floodplains. We investigated water quality in surface water and ground water, and how water quality is influenced by surface water inputs from an unlined irrigation system in the Alcalde Valley of the Rio Grande in northern New Mexico. From August 2005 to July 2006, we sampled ground water and surface water monthly and analyzed for concentrations of major cations and anions, specific conductance, pH, dissolved oxygen, and water levels. Results indicate that irrigation ditch seepage caused an increase in ground water levels and that the Rio Grande is a gaining stream in this region. Temporal and spatial differences were found in ion concentrations in shallow ground water as it flowed from under the ditch toward the river. Ground‐water ion concentrations were higher when the ditch was not flowing compared with periods during peak irrigation season when the ditch was flowing. Ditch inputs diluted ion concentrations in shallow ground water at well positions near the ditch. Specifically, lower ion concentrations were detected in ground water at well positions located near the ditch and river compared with well positions located in the middle of an agricultural field. Results from this project showed that ditch inputs influenced ion concentrations and were associated with ground‐water recharge. In arid region river valleys, careful consideration should be given to management scenarios that change seepage from irrigation systems, because in some situations reduced seepage could negatively affect ground‐water recharge and water quality.     

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.     

A GAME THEORY APPROACH TO DECIDING WHO WILL SUPPLY INSTREAM FLOW WATER1

ABSTRACT: The resource management problem for the Middle Platte ecosystem is the insufficient water available to meet both instream ecological demands and out‐of‐stream economic needs. This problem of multiple interest groups competing for a limited resource is compounded by sharp disagreement in the scientific community over endangered species' needs for instream flows. In this study, game theory was used to address one dimension of this resource management problem. A sequential auction with repeated bidding was used to determine how much instream flow water each of three states — Colorado, Nebraska, and Wyoming — will provide and at what price. The results suggest that the use of auction mechanisms can improve the prospects for reaching a multi‐state agreement on who will supply instream flow water, if the auction is structured to discourage misrepresentation of costs and if political compensation is allowed.