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Water in Washington Keith Phillips May 2004

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The numbers ~ population growth l 1.5 M -- surface code adopted (1917) l 3.5 M -- last time code updated (1971) l 5.6 M -- today l 7.0 M -- by 2010 l Eastern Western Washington: different economics, population, water supply growth rates are similar

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The numbers ~ endangered fish l Over 20 listed salmon/trout/ steelhead runs l 16 over-appropriated basins: stream flows critical to recovery l 7 salmon recovery areas much of the state

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Consumptive Water Use in WA Irrigation Industrial Municipal

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What is a water right? l Application (intent to appropriate) l Permit (authorization to develop) l Proof of appropriation (beneficial use) l Certificate of water right (property right) l Change of certificate l Relinquishment (abandon; forfeiture)

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Water Rights Permits Ecology must determine: l use is beneficial l water is available l existing water uses not impaired l not detrimental to public interest

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Water Rights Ps & Qs Ps ~ l point of diversion l purpose of use l place of use l priority date Qs ~ l Qa = annual quantity l Qi = instantaneous quantity

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Water Rights Ps & Qs Ps ~ l point of diversion l purpose of use l place of use l priority date Qs ~ l Qa = annual quantity l Qi = instantaneous quantity (Can be changed only with State approval)

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Pending Applications

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A matter of belief ~ water as l Agriculture ~ a full property right beyond the purview of government l Cities ~ a right needed to meet the duty to serve planned growth l Environmental ~ belonging to the citizens to be held in public trust l Business ~ an affordable/timely resource for economic growth l Tribes ~ allocated by treaties and reserved for future uses l Feds ~ owned by federal projects (irrigation/hydropower/reserved)

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The water code... l A set of general principles to be applied to the facts l 2/3 of the water code is not in statute -- it is common law (case law) l A layer cake compiled over 120 years l All uses are equal -- the only priority is first in time is first in right l Overallocation by design -- junior rights give way when water is short l Limited/no recognition of GMA, ESA, local watershed plans, public trust

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I tell you gentlemen, you are piling up a heritage of conflict and litigation over water rights for there is not sufficient water to supply the land. JOHN WESLEY POWELL, 1834 - 1902

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Water management challenges l Water for growing communities

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Water management challenges l Water for growing communities l Use it or lose it what is the incentive to save water?

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Water management challenges l Water for growing communities l Use it or lose it what is the incentive to save water? grapes onions aluminum smelters past conservation

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Water management challenges l Water for growing communities l Use it or lose it what is the incentive to save water? l Fish short of water

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Lower Summer Flows = Fewer Fish

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Rainfall and Snowmelt Affect Flows flow precipitation

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Land Use Affects Flows

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Urbanizing land use ~ changes hydrology Annual Rainfall: 46 inches

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Withdrawals Affect Flows

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Withdrawals -- a large effect in small streams (Upper Crab Creek, Lincoln County) groundwater low flows surface

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Dams Affect Flows

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Natural Flows Before Dams (Low Water Year (1931))

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Flows After Dam Construction (Low water years) 1977 1931

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Water management challenges l Water for growing communities l Use it or lose it what is the incentive to save water? l Fish short of water l Water not where/when we need it limited storage and conveyance no reuse infrastructure

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Mark Twain (1835-1910) Water, taken in moderation, cannot hurt anybody.

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Preferred Future (Vision) Natural resource base Water market Information-based water management Shared governance

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Establish a natural resource base Adequate quantity/quality for properly functioning, healthy watershed Sufficient to meet esthetic, recreational and other human needs for streamflows Base is defined, established and set aside in each watershed

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Progress with streamflows Instream flow rules Interruptible water rights Hydropower bypass/releases Public funds for water conservation Multipurpose storage Water rights acquisition

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Market water rights l Markets replaces water allocation and permit system l Efficiencies (conserve, reuse) are driven by market forces l Simple market rules ensure fairness and address impairment l Market generates funds to support market/natural base l Basic family needs subsidized in the market

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Water Right Changes 01-03 Biennium: Tripledproduction!

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Ag jobs per water unit Jobs per 1000 AF l Field crops 2 l Vegetables20 l Fruits/nuts22

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Ag water use and value Use Value l Field crops 66 28% l Vegetables 9 30 l Fruits/nuts 25 42

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If Ag Covered Urban Needs...

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Information-based management Monitoring of surface and ground water conditions Measurement and reporting of all water use Market information is readily available to all parties Clearly defined water rights, fully adjudicated

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(6,800) (48,000) (3,600) (170,000)

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Shared governance Water management responsibilities divided among governments State governance role with the natural resource base, and tribal/federal relationships Local governance role with the market, linked to land use decisions

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If you dont have enough water you have to make water ~ you have to make water ~ l Use water efficiently water conservation water reuse l Store water -- for when needed l Move water -- shared supplies, conveyance systems, markets

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Local watershed choices Theres enough in the stream/ground to meet future and fish needs OR We can stretch what we have and what we get each year (e.g., share the pain/gain) OR We need to actively manage our water supplies to meet the needs

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Columbia River Basin

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The Columbia Rivers Economic Significance Annual Value Agriculture$5 billion Electricity$2 billion Transportation$100s of millions Recreation$10s of millions Fishing$10s of millions

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National Research Council Salmon populations at < 10 % Many variables affect salmon, including water temperature and velocity Water use affects temperature and velocity, and will likely increase Current water withdrawals have noticeable effects in July/August Increased water use during Jul/Aug could pose substantial risk to salmon

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Program objectives Meet the water supply needs Reduce the risk to fish

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How much water do we need?

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What water is needed? Over 20 years 500,000 - 750,000 acre-ft / yr 2/3 for communities 1/3 for fish

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Where will the water come from?

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Where will it come from? Water Use Efficiency

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Where will it come from? Water Use Efficiency Conservation: conveyance/on farm

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Where will it come from? Water Use Efficiency Conservation: conveyance/on farm Existing storage and conveyance

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Where will it come from? Water Use Efficiency Conservation: conveyance/on farm Existing storage and conveyance New, multipurpose storage (future)

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How do we make the water available?

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A State Water Bank Reserves for fish and existing interruptible rights Deposits lead to new permits, by processing pending applications Also serve as water market

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Where will the money come from?

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How do we fund the program? A combination of ~ state public funding state public funding private water user fees private water user fees

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How do we fund the program? State public funding Water to establish the bank

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How do we fund the program? State public funding Water to establish the bank Water for fish

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How do we fund the program? Water user fees Repay a portion of state funding

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How do we fund the program? Water user fees Repay a portion of state funding Expand the bank

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How do we fund the program? Public benefits + economic potential warrant public investment warrant public investment allow for reasonable user fees allow for reasonable user fees

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Climate change = less snow April 1 Columbia Basin Snow Extent

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1928 2000 The South Cascade glacier retreated dramatically in the 20th century Courtesy of the USGS glacier group

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Snake River at Ice Harbor Reduced summer flows less water for irrigation, fish, hydro Increased winter flows more hydropower production

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Mission Meet current and future water needs for people, farms and fish