The doctrine of reserved water rights. What are federal and tribal reserved water rights?

California Department of Water Resources (DWR) | January 1st, 2009

The doctrine of reserved water rights evolved to ensure that Indian reservations and public lands set aside by the federal government would have sufficient water to fulfi

The doctrine of reserved water rights evolved to ensure that Indian reservations and public lands set aside by the federal government would have sufficient water to fulfill the purposes for which they were established. Whereas most western water rights (state-based appropriative rights) have a priority date based on when water was first put to beneficial use, federal reserved water rights have a priority date that goes back at least as far as the date on which the lands were set aside. The reserved water rights doctrine is rooted in a number of judicial decisions, beginning with a U.S. Supreme Court decision that has come to be called the Winters Doctrine. The case of Winters vs United States involved a dispute between Native Americans of the Ft. Belknap Reservation and nonnative settlers over the use of the Milk River in Montana. When the water use of the settlers upstream from the reservation interfered with the Indians' water need for large Irrigation diversions, the U.S. government filed a lawsuit on the reservation's behalf. The Winters decision held that when Congress created the Ft. Belknap Reservation, sufficient water to make the Indians a "pastoral and civilized People" was implicitly set aside. Therefore, although the normative settlers had perfected their water rights under Montana state law, the water right of the Indians of Ft. Belknap was prior, or senior in use.

The Draft State Water Project Delivery Capability Report 2021

California Department of Water Resources (DWR) | December 31st, 2021

The California Department of Water Resources (DWR) has authority under state law to construct, operate, and maintain the State Water Project (SWP) to manage, store and de

The California Department of Water Resources (DWR) has authority under state law to construct, operate, and maintain the State Water Project (SWP) to manage, store and deliver water for the benefit of the State. This report is intended to provide information about the key factors affecting the operation of the SWP in California, its long-term capability as a source of water for beneficial use, and an estimate of its current delivery capability. This report meets the requirements of Attachment B to the Monterey Plus Settlement Agreement of May 2003. Water provided by the SWP is a major source of the water supplies available to many SWP contractors. SWP contractors consist of 29 public entities that include cities, counties, urban water agencies, and agricultural irrigation districts. SWP contractors’ local/-regional water users have long-term contracts with the DWR for all, or a portion of their water supply needs. Thus, the delivery capability of water from the SWP system is an important component in the water supply planning of its recipients, and ultimately affects the amount of water available for beneficial use in California. The availability of these water supplies may be highly variable. A sequence of relatively wet water years1 may be followed by a varying sequence of dry or critically dry years. Having good and reliable estimates on how much water each contractor will receive each year —- whether it be a wet water year, a critical year, or somewhere in between -- gives contractors a better sense of the degree to which they may need to implement increased conservation measures, or plan for new facilities or back up sources of water to meet their needs. The geography of California and the infrastructure of water transfer from the source areas, located in the Sierra Mountain Range, to areas of demand for water, makes the Sacramento-San Joaquin Delta a key feature of the SWP’s ability to deliver water to its agricultural and urban contractors in the North Bay, the South Bay, California Central Valley, and Southern California. All but five of the 29 SWP contractors receive water deliveries by diversions from the Delta. These water diversions are pumped by either the Harvey O. Banks or Barker Slough pumping plants. DWR and the United States Bureau of Reclamation (USBR), the managing entities of the two statewide systems of water transfer in California, face numerous challenges in the operation of their diversion facilities in the Delta, and are regulated by several state and federal agencies to maintain, and enhance the Delta’s long-term sustainability. Maintaining suitable quality of water flowing in the channels of the Delta for the numerous in-basin beneficial uses, and the protection of endangered and threatened fish species are important factors of concern for the operators of the Delta export diversion facilities. Ongoing regulatory restrictions, such as those aimed at protecting the estuary’s resident and migratory fish species, are major challenges to a reliable and sustainable water delivery capability of both, SWP and the Central Valley Project (CVP) systems. Complications induced by climate change also pose the threat of increased variability in the frequency and magnitude of floods and droughts. The projected sea level rise caused by the increase in average temperature complicate efforts to manage salinity levels in the channels affected by tides. Additionally, higher ocean levels could result in more frequent water quality degradation in the Delta channels requiring additional Delta outflow to maintain water quality objectives. The 2021 Final Main Report (released at the end of March 2022) may include further information on climate change. Previously, the climate change scenario results were only discussed and presented in the Technical Addendum which is not published during the draft phase of the Delivery Capability Report (DCR). Other challenges include continued subsidence of Delta islands, many of which are already below sea level and supported by relatively unstable levee systems. Thus, the threat of a catastrophic levee failure becomes more significant as water pressure increases against the already fragile levees. The analyses in this report factor in all the current regulations governing SWP and CVP operations in the Delta and assumptions about water uses upstream in the Sacramento River and San Joaquin River watersheds. Analyses were conducted that determined the amounts of water that SWP contractors receive and the amounts of water they choose to hold for use in a subsequent year. SWP Delta exports have decreased since 2005, although the bulk of the change occurred between 2005 and 2009 and in 2019. The former reduction is due to the Delta regulations which constrained exports that culminated in the federal Biological Opinions (BiOps) which went into effect in 2008-2009. These BiOps restricted operations of the CVP and SWP diversion pumps. The later reduction is due to two main factors: 1) the amended Coordinated Operation Agreement (COA) with accompanying project operation changes which reduced SWP exports and increased CVP exports, and (2) a more conservative operation of Lake Oroville by the SWP. Many of the same assumptions on SWP operations described in the 2019 Report remains the same in this update for 2021, however, there were a few notable changes. These include the transition from CalSim II to CalSim 3 and CVP and SWP operational refinements. As a result, the differences between the 2019 and 2021 Reports can be attributed primarily to differences in hydrology, spatial and temporal expansion, more explicit groundwater and surface water interaction representation, and operational refinements. The most salient findings in this report are: Under existing conditions, the estimated average annual delivery of Table A water for this 2021 Report is 2,309 thousand acre-feet (TAF)/year, 105 TAF less than the 2,414 TAF/year estimated for the 2019 Report (Table 5-2). The likelihood of existing condition SWP Article 21 deliveries (supplemental deliveries to Table A water) being greater than 20 TAF/year has decreased by 20% relative to the likelihood presented in the 2019 Report (Figure 5-7).

The drivers and the implications of marine heatwaves

National Academy of Sciences (NAS) | June 24th, 2022

The Ecological Significance of the Submarine Discharge of Groundwater

Commonwealth Scientific and Industrial Research Organisation (CSIRO Publishing) | December 15th, 1980

Discharge of groundwater into the sea is widespread. Overlooking it may lead to serious misinterpretations of ecological data in studies of coastal pollution, of benthic

Discharge of groundwater into the sea is widespread. Overlooking it may lead to serious misinterpretations of ecological data in studies of coastal pollution, of benthic zonation and productivity, and of the flux of dissolved substances within and between bottom sediments and overlying water. Data are presented indicating that in the Perth region of Western Australia, submarine groundwater discharge delivers several times as much nitrate to coastal waters as does river runoff.

The Economic Impact of the Westlands Water District on the Local and Regional Economy

Westlands Water District | October 11th, 2016

To anyone who visits the Westlands Water District (the District), the one reality that is most obvious to the observer is that agriculture IS the economy in the communiti

To anyone who visits the Westlands Water District (the District), the one reality that is most obvious to the observer is that agriculture IS the economy in the communities within and immediately surrounding the Westlands Water District. It is an area characterized by wide open fields-often populated with crops and occasional small pockets of residential and (rarer) retail-usually at the intersections of roads. Not only is agriculture the primary employer, but government, agricultural support industries and the limited general retail sector comprise the full course of jobs within the district and its immediate environs. Nearly every business in the district is related to agriculture or supporting the needs of the workers who support those working in agriculture. Westlands Water District is perched on the eastern side of Interstate 5 in the Central Valley covering the geography between roughly Kettleman City in the south and Firebaugh in the north. As the largest agricultural water district in the nation, it plays a central role in the economies of both Fresno and Kings Counties. This analysis unravels the story of Westlands' contributions to the local economy, exploring the demographics and economy of the region, agriculture's major role in that economy, estimating the economic contributions of growers within the District's boundaries, and providing a preliminary assessment of the consequences of current water policies on crop production, and giving a preview of what some of the implications of those changes may be.

The Economic Impact on the Local Economy of Irrigated Agriculture in the Paso Robles Area and Potential Impacts of the Sustainable Groundwater Management Act

California Polytechnic State University, San Luis Obispo (CSU) | August 26th, 2020

The purpose of this study is to analyze the economic impact of the agricultural and wine industry within the Paso Robles Subbasin and AVA and San Luis Obispo County and t

The purpose of this study is to analyze the economic impact of the agricultural and wine industry within the Paso Robles Subbasin and AVA and San Luis Obispo County and to assess the economic impact of potential changes in the agricultural industry as a result of the Paso Robles Subbasin Groundwater Sustainability Plan that will reduce water allocations and/or increase the cost of water in the basin from 2020 – 2040 and beyond.

The Economic Impacts of Central Valley Salinity

California State Water Resources Control Board (SWRCB) | March 20th, 2009

The study team was charged with measuring the economic impacts of increasing salinity in the Central Valley to the year 2030. The study was conducted assuming that there

The study team was charged with measuring the economic impacts of increasing salinity in the Central Valley to the year 2030. The study was conducted assuming that there is no change in current policy and, as such, represents the economic impacts associated with taking no action. Additionally, the study was conducted on an aggregate valley-wide basis that required averaging the effects of salinity and, in some cases, costs. The growth in salinity in the Central Valley was based on two factors. The first factor was the growth of the areas of shallow saline groundwater based on 30 years of historical records. The second factor was increased levels of salts that result indirectly from imported water. Based on increasing salinity stemming from these factors, the direct economic effects on industry, residential, food processing, confined animal operations, and irrigated agricultural production in the Central Valley were measured. Economic and physical effects were quantified using different physical and economic models. In addition, the team undertook a substantial survey of the population in the Central Valley to establish non-market values for increased salinity and its effect on non-market activities. The study results showed that if salinity increases at the current rate until 2030, the direct annual costs will range from $1 billion to $1.5 billion. Total annual income impacts to California will range between $1.7 billion to $3 billion by 2030. The income impacts to the Central Valley will range between $1.2 billion and $2.2 billion.  The production of goods and services in California could be reduced from $5 billion to $8.7 billion a year. The Central Valley output reduction would range between $2.8 billion to $5.3 billion. Furthermore, there is $145 million per year of non-market costs. In terms of job losses the increase in salinity by 2030 could cost the Central Valley economy 27,000 to 53,000 jobs. California could lose 34,000 to 64,000 jobs. In short, the problem is substantial and growing steadily. The magnitude of the economic and employment losses justifies a more detailed study of remedial action and correction policies.

The Economic Value of Carryover Storage in California’s Water Supply System with Limited Hydrologic Foresight

University of California, Davis (UC Davis) | July 1st, 2021

The security and prosperity of California’s economy depend on a large, interconnected and highly engineered water supply system with vast surface and groundwater stora

The security and prosperity of California’s economy depend on a large, interconnected and highly engineered water supply system with vast surface and groundwater storage operated for over-year storage. Substantial public investment is needed to maintain and improve these systems with changing climate risks, increasing demands, and aging infrastructure. Hydro-economic optimization identifies promising opportunities for managing such systems, but scientific and engineering advances are needed to better incorporate hydrologic uncertainty and conjunctive management of streams and aquifers into such models. Over two decades of research the California Value Integrated Network (CALVIN) linear programming hydro-economic model has yielded insights for California’s inter-regional water system on many fronts, including climate change, groundwater sustainability, conjunctive management in southern California, water markets, and reservoir operations in Northern California. Yet there remains unrealized potential to improve the model’s formulation to better represent inter-annual hydrologic variability while concurrently developing reservoir control rules. To address this gap, this study implements linearized quadratic carryover storage value functions on 26 surface reservoirs and linear groundwater storage penalties on 32 groundwater reservoirs to optimize California’s inter-regional water system seasonal and inter-annual operations with limited seasonal foresight. A convex Pareto front tradeoff between total system cost and groundwater overdraft is developed through multi-objective evolutionary optimization of inter-annual carryover storage penalties. Resulting over-year storage valuations span a wide range of nearoptimal reservoir operations, suggesting substantial system flexibility and adaptability when managed in an integrated way. Generalized relationships between carryover capacity, carryover use, and the marginal value of carryover storage are drawn for the multi-reservoir system. When compared to carryover operations based on California’s current simulation model, CalSim-II, the performance of these near-optimal reservoir operations suggests room to improve currently prescribed reservoir control rules, especially in supporting more  sustainable conjunctive management with aquifers. Overall, this study demonstrates the practicability, feasibility, and utility for understanding large-scale integrated multi-reservoir conjunctive use systems using limited foresight with explicit carryover storage values.

The Economic Value of Efficiency for California Water Service: Lower Water Bills

Alliance for Water Efficiency (AWE) | June 28th, 2024

Prior to 2009, California Water Service Company (Cal Water) did not meter all its water customers, did not have conservation rates, and did not offer a robust set of cons

Prior to 2009, California Water Service Company (Cal Water) did not meter all its water customers, did not have conservation rates, and did not offer a robust set of conservation programs. Per capita water use had been flat or increasing prior to this period. In 2009, Cal Water adopted conservation rate designs (increasing block rates, IBRs), increased conservation program expenditures by more than three-fold and implemented an accelerated schedule to convert unmetered customers to metered water service. Per capita water demand has decreased steadily since 2009. These innovative strategies related to water efficiency, conservation, and rates over the years pose the questions: What would the economic impact on bills have been if none of these activities occurred? Are bill-paying customers better or worse off?

The economic value of local water supplies in Los Angeles

Nature Portfolio (Springer Nature) | May 21st, 2018

Los Angeles imports water over long distances to supplement local supplies. Reduced reliability of the available imports is driving many local agencies to promote conserv

Los Angeles imports water over long distances to supplement local supplies. Reduced reliability of the available imports is driving many local agencies to promote conservation and enhance local water sources. These include stormwater capture, water reuse and groundwater. But financial considerations are often a significant impediment to project development, especially when comparing new and existing sources. Here we demonstrate a comprehensive approach for evaluating the economic implications of shifting to local water reliance in Los Angeles County. We show that local water supplies are economically competitive. Results from integrated hydroeconomic modelling of urban water in Los Angeles identify cost-effective water supply portfolios and conservation targets. Considering costs across the ‘full-cycles’ of urban water supply that span agency boundaries yields better comparisons of planning alternatives. Throughout the region, many water retailers could successfully mitigate effects of imported water cuts while still supporting drought-tolerant landscapes, but some would suffer due to over-reliance on imports. Updating economic assessment methods would support needed innovations to achieve local reliance in Los Angeles, including infrastructure investments, institutional reforms, many more drought-tolerant landscapes and reallocated groundwater rights.