Dividing the WaterDividing the Water

An Introduction to Western Water Rights An Introduction to Western Water Rights and Resourcesand Resources

bybyCharles M. Brendecke PhD PECharles M. Brendecke PhD PE

September 12, 2008September 12, 2008

The Hydrologic CycleThe Hydrologic Cycle

Key Terms for Flow and Key Terms for Flow and VolumeVolume

• CFS: cubic feet per second…Boulder CFS: cubic feet per second…Boulder Creek flow is now about 57 cfs (near Creek flow is now about 57 cfs (near tunnel)tunnel)

• AF: acre-feet (1 acre 1 foot deep)…a AF: acre-feet (1 acre 1 foot deep)…a football field one foot deep is about football field one foot deep is about 1.1 af1.1 af

• 1 cfs for an entire year yields 724 af1 cfs for an entire year yields 724 af

Seasonal Streamflow Seasonal Streamflow PatternsPatterns

Geographical Distribution of Geographical Distribution of RunoffRunoff

Western Water Western Water DevelopmentDevelopment• 1919thth Century: mining claims, small Century: mining claims, small

irrigation projects (private)irrigation projects (private)• Early 20Early 20thth Century: large projects by Century: large projects by

Federal government, and by some Federal government, and by some states and citiesstates and cities

• Late 20Late 20thth Century: environmental Century: environmental laws and policies, water right laws and policies, water right transfers between userstransfers between users

What is a water right?What is a water right?

• A property right that can be soldA property right that can be sold

• A right to use, but not to own or A right to use, but not to own or hoardhoard

• A way to allocate the supply when A way to allocate the supply when there’s not enough to go aroundthere’s not enough to go around

• A way to define what can be bought, A way to define what can be bought, sold and transferredsold and transferred

Origins of Western Water Origins of Western Water RightsRights

• Early “placer” mining activities used Early “placer” mining activities used water to separate valuable metalswater to separate valuable metals

• Competition between miners led to Competition between miners led to water allocation by date of claimwater allocation by date of claim

• Water law still influenced heavily by Water law still influenced heavily by mining lawmining law

Water Rights OverviewWater Rights Overview

• Each state has its own code of water Each state has its own code of water lawslaws

• Two basic doctrines – Riparian and Two basic doctrines – Riparian and Prior AppropriationPrior Appropriation

• Riparian Doctrine common in eastern Riparian Doctrine common in eastern statesstates

• Prior Appropriation Doctrine common Prior Appropriation Doctrine common in western statesin western states

State Water Right DoctrinesState Water Right Doctrines

Elements of a Water RightElements of a Water Right

• SourceSource

• Priority DatePriority Date

• AmountAmount

• Type of useType of use

• Period of UsePeriod of Use

Example of a Water RightExample of a Water Right

• Boulder and White Rock DitchBoulder and White Rock Ditch

• Source: Boulder Creek (in Central Source: Boulder Creek (in Central Park)Park)

• Priority Date: May 1, 1868Priority Date: May 1, 1868

• Amount: 5.3 cfsAmount: 5.3 cfs

• Period of Use: April 15 – October 15Period of Use: April 15 – October 15

• Type of Use: IrrigationType of Use: Irrigation

Water Right AdministrationWater Right Administration

1st Priority

2nd Priority

3rd Priority

time

flo

w

Water Right AdministrationWater Right Administration

• Applies to all connected stream Applies to all connected stream systemssystems

• Literally 1000’s of water rightsLiterally 1000’s of water rights

• 78 administrative Water Districts in 78 administrative Water Districts in Colorado (Boulder Creek is District 6)Colorado (Boulder Creek is District 6)

• 7 administrative Water Divisions7 administrative Water Divisions

• New rights and changes must be New rights and changes must be approved by Water Courtsapproved by Water Courts

Allocation Between StatesAllocation Between States

• Most rivers either define or cross Most rivers either define or cross state linesstate lines

• Each state has its own water lawsEach state has its own water laws

• How to allocate water between How to allocate water between states?states?

• Two basic methods – Compacts and Two basic methods – Compacts and DecreesDecrees

Interstate Water CompactsInterstate Water Compacts

• Formal agreements between statesFormal agreements between states

• Ratified by state legislatures and U.S. Ratified by state legislatures and U.S. CongressCongress

• Take many different formsTake many different forms

• Enforced like contractsEnforced like contracts

• Colorado is a party to 7 interstate Colorado is a party to 7 interstate compactscompacts

Interstate Water DecreesInterstate Water Decrees

• Disputes between states go to U.S. Disputes between states go to U.S. Supreme CourtSupreme Court

• Court appoints a Special Master to Court appoints a Special Master to hear facts and make hear facts and make recommendationsrecommendations

• Court issues Decree based on Court issues Decree based on Master’s recommendationsMaster’s recommendations

Current and Looming Current and Looming Challenges in Water AllocationChallenges in Water Allocation

• Water qualityWater quality

• Habitat restorationHabitat restoration

• Impacts of ground water useImpacts of ground water use

• Climate changeClimate change

Some Further Reading on Some Further Reading on Western Water and Natural Western Water and Natural ResourcesResources• ““Cadillac Desert”, by Marc ReisnerCadillac Desert”, by Marc Reisner• ““Beyond the 100Beyond the 100thth Meridian”, by Meridian”, by

Wallace StegnerWallace Stegner• ““Encounters with the Archdruid”, by Encounters with the Archdruid”, by

John McPheeJohn McPhee• ““A Sand County Almanac”, by Aldo A Sand County Almanac”, by Aldo

LeopoldLeopold• ““Desert Solitaire”, by Edward AbeeDesert Solitaire”, by Edward Abee