Enduring Solutions on the Colorado River

Arizona State University (ASU) | August 16th, 2024

As we work to reduce water use on the post-2026 Colorado River, two paths lie open before us. One is to incentivize conservation by giving water users the chance to bank

As we work to reduce water use on the post-2026 Colorado River, two paths lie open before us. One is to incentivize conservation by giving water users the chance to bank saved water for later use. Known most commonly as Intentionally Created Surplus (ICS), and more broadly in a series of increasingly creative implementations as “Assigned Water,” this creates short term savings. But in the long run, the approach entitles the users to take the water back out of thE bank. The other involves permanent reductions – “System Water.” Water use is reduced for the benefit of the Colorado River as a whole. Investment in Assigned Water, attractive to water managers because of the allure that they can get their water back, has crowded out investment in the more durable System Water reductions that will be needed to bring the Colorado River into balance. As we develop new operating rules for the river, we need to be mindful of the differences involved. Accounting for water as Assigned Water is a means to reduce total water use in the short-term but the basin requires a means to reduce total water use over the long-term. Enduring solutions on the river can only be found by addressing overallocation, which at its most basic means that there needs to be more unassigned water in Lake Mead. Click here for Part II

Essential Pillars for the Post-2026 Colorado River Guidelines

John Fleck | April 25th, 2025

Estuary News, August 2004

San Francisco Estuary Partnership (SFEP) | August 15th, 2004

Estuary News, March 2020

San Francisco Estuary Partnership (SFEP) | March 15th, 2020

Evaluating the hydrologic effects of the 2021–2022 Scott and Shasta irrigation curtailments using remote sensing and streamflow gages

Klamath Tribal Water Quality Consortium | September 11th, 2023

Key Points • Satellite remote sensing data indicated that curtailment orders in 2022 reduced consumptive water use (evapotranspiration, ETa) on agricultural lands i

Key Points • Satellite remote sensing data indicated that curtailment orders in 2022 reduced consumptive water use (evapotranspiration, ETa) on agricultural lands in Shasta Valley, but not Scott Valley. • Streamflow gage data indicate that flows in the Shasta River and some Scott River tributaries (Shackleford and French creeks) were substantially higher in summer 2022 than 2020 or 2021, but similar increases did not occur in the mainstem Scott River. • A likely major reason for the lack of Scott River flow increases was that groundwater use was allowed to continue under Local Cooperative Solutions (LCS) agreements in which water users agreed to reduce pumping by 30% from a prior year baseline. Despite abundant worldwide evidence that reducing consumptive use (i.e., evapotranspiration) is key to increasing environmental water, all LCS cropping and irrigation practices were given equal weight toward the 30% reduction, regardless of the effects on consumptive use. Pumping was not measured and compliance was primarily self-reported, with limited independent verification.

Federal Reserved Water Rights and Groundwater: Quantity, Quality, and Pore Space

Congressional Research Service (CRS) | February 8th, 2018

Tribal rights to groundwater have not been legally established to the same extent as rights to other natural resources (e.g., surface water, timber, minerals). A March 2

Tribal rights to groundwater have not been legally established to the same extent as rights to other natural resources (e.g., surface water, timber, minerals). A March 2017 decision of the U.S. Court of Appeals for the Ninth Circuit upheld the rights of a California Indian tribe (the Agua Caliente band of Cahuilla Indians) to groundwater beneath the tribe's reservation in the Coachella Valley. In November 2017, the U.S. Supreme Court declined to review the decision; the case now proceeds to other phases that may partially shape this ruling's significance. This is the first case in which an appellate court has held that a tribe's "reserved" rights under the Winters doctrine apply to groundwater. Pursuant to Winters, when Congress reserves land for a reservation, it also reserves a right to water necessary to accomplish the purposes for which the reservation was created. For decades, tribal reserved rights for surface water have been established and have required settlements between the federal government (as authorized by Congress), tribes, and nonfederal users. Thus, some have raised concerns about the implications of interpreting Winters rights to include groundwater. This Insight explores three aspects of groundwater relevant to Agua Caliente: quantity, quality, and "pore space." The legal outcome may affect how groundwater is allocated among tribal and nontribal interests and may influence groundwater allocations at other federal reservations. The Supreme Court has not declared outright that groundwater is subject to the Winters doctrine, but declining to review the Ninth Circuit decision essentially upheld phase one of the three-phase case: a federally reserved right to the groundwater resource for the tribe. Phase two will address whether the tribe has the right to receive groundwater of a certain quality from the aquifer and whether it owns the pore space beneath tribal lands. Phase three will determine the quantity of groundwater to which the tribe is entitled, pursuant to its reserved rights. The outcome of phases two and three could have implications for expanding the scope of federal preemption of state water law. It also could affect how much groundwater is available for nontribal water agencies and water districts and those entities' ability to store water in an aquifer beneath federally reserved lands. Congress has authority over federal water law and could influence this legal framework.

Fishes, Hydrology, and Ecology of the Klamath River Basin

National Academy of Sciences (NAS) | February 11th, 2008

The Klamath River basin in southern Oregon and northern California is the focus of a prominent conflict over competing uses for water in the American West. Management mea

The Klamath River basin in southern Oregon and northern California is the focus of a prominent conflict over competing uses for water in the American West. Management measures for the protection of threatened and endangered fish species in the basin that have left less water available for irrigation have increased tensions among farmers and other stakeholders and brought into question the scientific justification of these measures. Two National Research Council studies evaluate a series of federal scientific assessments and recommend scientifically justified approaches to the problem.

Fixing the Flawed Colorado River Compact

American Geophysical Union (AGU) | June 16th, 2023

French Creek Flow Accounting Study

Scott River Water Trust | May 15th, 2020

The Scott River Water Trust (SRWT) has been working with adjudicated water-users in Scott Valley since 2007 to develop opportunities for stream flow enhancement through t

The Scott River Water Trust (SRWT) has been working with adjudicated water-users in Scott Valley since 2007 to develop opportunities for stream flow enhancement through temporary leases or long-term/permanent dedications of surface water rights. Under the seasonal Water Leasing Program, the SRWT contracts with voluntary agricultural producers to temporarily forbear all or part of their decreed water right(s) during the irrigation season in exchange for fair financial compensation. The purpose of the seasonal Water Leasing Program is to improve conditions for anadromous fish in priority stream reaches during critical life stages and time periods. The Siskiyou Resource Conservation District (SRCD) has been integrally involved with implementation of the seasonal Water Leasing Program since its inception and particularly with the monitoring component. Monitoring of seasonal transactions is generally limited to ensuring compliance with the lease terms and confirming stream response. However, in 2016 the SRWT proposed expanding the scope of effectiveness monitoring associated with the Water Leasing Program based on suggestions from Andrew Purkey and Rankin Holmes of the National Fish and Wildlife Foundation and their experience monitoring transactions in the Columbia River Basin (Holmes, et al., 2013). Under funding from the California Flow Restoration Accounting Fund managed by the National Fish and Wildlife Foundation, the SRWT contracted with the SRCD to explore several additional effectiveness monitoring techniques on French Creek including instream water level/discharge monitoring, wetted- perimeter analysis and alluvial connectivity surveillance. The purpose of this additional monitoring was to evaluate the applicability and effectiveness of these techniques to stream flow enhancement in Scott Valley and determine whether it would make sense for the SRWT adopt these practices into its programs. The specific components and objectives of the work completed on French Creek included: • Evaluate the instream effect of forbearance agreements performed by SRWT • Establish and maintain monitoring stations throughout French Creek to determine the downstream extent that returned water from various leases had on stream flow and temperature • Perform wetted perimeter analysis on French Creek to develop a relationship between instream flows and aquatic habitat conditions • Conduct periodic fisheries surveys through French Creek to evaluate the relative abundance of salmonids influenced by the transactions • Conduct periodic foot surveys through lower French Creek to establish the temporal and spatial connectivity to the Scott River This report summarizes the monitoring and analysis conducted by the SRCD during the 2018 and 2019 water leasing seasons under the French Creek Flow Accounting Study and provides conclusions related to the applicability of these methods to the SRWT.

Guidance Document for the Sustainable Management of Groundwater Engagement with Tribal Governments June 2017 (Draft)

California Department of Water Resources (DWR) | June 1st, 2017

The objective of this guidance document is to convey information, as provided by California’s Tribal governments, by which local agencies can engage Tribal gove

The objective of this guidance document is to convey information, as provided by California’s Tribal governments, by which local agencies can engage Tribal governments as part of an effort to identify interested persons, and consider the interests of beneficial users of groundwater; including those users on Tribal lands not subject to the Sustainable Groundwater Management Act (SGMA). This guidance document can also be used to help local agencies engage with a Tribal government in the planning, financing, and management of a Groundwater Sustainability Agency (GSA), or help with the development and implementation of a Groundwater Sustainability Plan (GSP) pursuant to SGMA.