Western Perspective: Part III

What we talk about when we talk about water

I was in the audience the other day when Montana’s Natural Resources and Conservation director, Mary Sexton, opened a conference on water and growth in her state's Clark Fork River basin. She began by hoisting a recent issue of National Geographic magazine. One of the feature stories focused on climate change and water.

"The American West was won by water management," proclaims the headline. “What happens when there’s no water left to manage?” The story highlights the now widespread consensus among scientists that climate changes already underway portend even more conflicts among water users in a region marked by epic battles over this precious resource.

Sexton urged conference participants to explore creative solutions to the coming challenges presented by warming and drying conditions in the Northern Rockies.

Surprisingly, the discussion that followed barely mentioned climate change. The hydrological analysis looked backward at average annual streamflows, explicitly excluding the recent years of drought. When questioned about the potential for such dry years becoming more common in the future, the speaker remarked that such projections are highly speculative at this point; all we can do is look at the past and project that those conditions will continue.

The notion that water supplies might not be adversely affected by changing climate contradicts the findings of the Intergovernmental Panel on Climate Change, which observed that spring runoff in western rivers has shifted earlier by one to four weeks over the past fifty years. Moreover, the IPCC projected with high confidence that the region will find itself with far less water available during the dry summer months in the years to come.

We don't have to look any farther than the Colorado River basin to know the best way to guarantee conflict is to base policy choices on foreshortened historical streamflow records. In that contentious basin, the interstate compact governing water allocation was negotiated on the assumption that the wet years of the early 20th century were representative of typical river conditions. More sophisticated analysis of historical flows—as well as decades of experience—have revealed that the presumed river flows were far too optimistic. Even without the projected impacts of climate change, this legal document is based on a flawed factual record.

In December, the Colorado River Basin states joined with the Secretary of the Interior to sign an important agreement to address shortages in river flows. Working within the confines of the Law of the River, the parties to this new agreement demonstrated the kind of practical ability to work with one another that should be a lesson for all of us in the water-short West.

Similarly, when we talk about water policy reform, we are not necessarily talking about revolution—though doubtless that is what some have in mind. Instead, we can look to the innovative water leasing arrangements that are now increasingly common among farmers and environmental groups. We can look for lessons learned when cities have financed efficient irrigation systems in return for the rights to use the saved water to meet their projected demands. And we can consider the many ways in which broader publics can participate in forward-looking land and water planning.

In the two recent Western Perspectives columns here on Headwaters, I shared some reflections and recommendations about the opportunities for meaningful improvements in western water policy in response to climate change and population growth. The comments generated by those essays emphasize one point I made already: No one is dispassionate about western water.

“Ag to urban transfers will and do create additional demands for consumptive, industrial, and recreational demands for water,” writes one commenter, who goes on to object that such transfers “reduce the amount of domestic production of our food supply in an increasing population.”

This sort of objection is a frequent response to anyone who observes that the vast majority of western water consumption (80-90 percent in most of our region) is dedicated to irrigated agriculture, but that the fastest growing new demand for water is in our expanding urban areas.

It is a fact that growing cities seek new supplies through voluntary transfers of water—ranging from permanent sales of water rights to more innovative leasing, water banking, and dry-year option arrangements in which farmland remains in production. Other urban water suppliers are seeking permission to tap into groundwater, potentially threatening existing agricultural water users.

Western state water managers are challenged to exercise their constitutional authority over this public resource on behalf of all who depend on sustainable water supplies.

Given the level of conflict and concern about future water supplies, each word we use to describe current conditions or potential reforms is loaded with implications—which vary wildly based on our individual positions and points of view.

It is easy to take offense when talking about western water. It is important for all of us to listen as carefully as possible to the concerns that underlie the rhetoric, and to seek the practical solutions that move us toward a West that values its waters, its landscape, and its many diverse communities.

Water policy derives from value-laden choices. Limited resources sometimes preclude win-win solutions. I am encouraged that we are exploring the opportunities to address multiple interests and concerns in a more thoughtful way than we have in the past.

The first step is to be ready to talk frankly about the conditions we reasonably should expect in the coming decades. Westerners overly optimistic about the availability of water have often been disappointed in the past. The consequences of over-optimism in the future will be much worse.

Sarah Bates is the deputy director for policy and outreach in the Missoula office of Western Progress, a regional organization that develops and promotes progressive policy solutions for the Rocky Mountain West. She has written extensively on western water law and policy.

The mighty, tradition-bound edifice of western water policy faces unprecedented challenges. The dual forces of population growth and climate change in the arid Rocky Mountain West raise a specter of crisis, but also offer valuable opportunities to make changes that can carry us into a more sustainable future.

We are not lacking for good ideas. Perennial gatherings of water experts have spawned an impressive literature of water policy reform. As I described in a recent Perspectives column, proposals from the past several decades evidence a remarkable convergence of recommendations. Now, though, it's time to put those ideas into action through real change in state and federal water policies.

Last fall, the nonpartisan regional policy institute Western Progress convened leading water experts in Boulder, Colo., to explore opportunities for meaningful water policy reform.

Their discussion spawned the Western Progress policy report "A New Western Water Agenda: Opportunities for Action in an Era of Growth and Climate Change, by Denise Fort and Lawrence MacDonnell.

The key recommendations emerging from this process highlight some encouraging areas of progress already underway, as well as areas in which public attention needs to focus:

Strengthen and expand water conservation and efficiency programs: Reducing the demand side of the equation is less expensive and environmentally damaging than seeking "new" water to satisfy growing populations. See the recently released grand jury report to the City of San Diego for a forceful argument in favor of permanent, far-reaching water conservation strategies. Already, consumers and utilities understand the long-term cost savings of more thrifty water use. We need policies and pricing incentives to encourage more widespread adoption and enforcement of such practices.

Integrate water planning with growth management and land use planning: For too long, we've decoupled decisions about land use and growth from water planning. States and local leaders are beginning to look at the broader consequences of growth, focusing particularly on the reliability of projected water supplies. I described some of these measures in a previous column in Headwaters News. The Colorado Legislature is currently considering H.B. 1141, which would ensure sustainable water for new development, an important first step in this direction.

Adopt integrated strategies at the federal level: Federal agencies, such as the U.S. Bureau of Reclamation and the Army Corps of Engineers, manage many of the important water facilities in the West. With support from new congressional guidance and funding, these agencies can play a positive role by facilitating cooperative water management aimed at improved efficiencies and more environmentally oriented flow regimes. The Western Governors' Association recommended such coordinated federal initiatives in its 2006 report, "Water Needs and Strategies for a Sustainable Future."

Improve the process for transferring water from agricultural to urban and environmental uses: With millions of acre-feet of the region's water now used in irrigated agriculture, transfers to urban uses are sure to continue. The processes for these transfers could be improved considerably, including provisions aimed at keeping farmlands in production and mitigating the negative impacts on agricultural communities. The Western Progress report highlights mitigation measures adopted in Colorado (see Colo. Rev. Stat. sections 37-92-305 (3), 37-92-305 (4.5) and 37-92-309) as a possible model for replication in other Rocky Mountain states.

Expand and enhance state instream flow programs: State programs vary a great deal in the level of protection they offer, but most focus on a single rate of flow to protect high-value fisheries. We urge broader approaches, including measures to enhance and restore a wider array of natural values in state waters. Organizations such as the Instream Flow Council provide important outreach and support for state agency and other officials seeking to restore natural flow regimes in western rivers.

Promote local watershed efforts: Local watershed restoration efforts have emerged throughout our region in recent years, frequently in response to water quality impairment. These institutions would be strengthened if states authorized the formation of appropriate local watershed districts or similar entities to integrate this work into statewide strategies. The Western Governors' Association 2004 water report mentioned above included recommendations favoring greater integration of watershed organizations in statewide water management.

Establish and strengthen statewide and local water trusts: Voluntary or nongovernmental groups have begun buying, leasing, and otherwise securing instream flow water rights. States should encourage these initiatives by allowing such entities to hold instream flow rights rather than require them to be given to the state.

Improve ground water management strategies: State management of ground water lags far behind the administration of surface water rights, yet much of the population growth in this region depends on unsustainable ground water supplies. States must improve their ground water management policies and seek opportunities to manage ground water and surface water conjunctively. See the 2007 Trout Unlimited report, "Gone to the Well Once Too Often" for a good overview of the relationship between ground water and rivers in the arid West.

Slowly, we are seeing a change in westerners' views toward water. A conservation ethic is emerging, and local leaders increasingly recognize the need to guide their communities toward a more sustainable future. Forward-looking water policies have long been advocated by progressives who trace their ideological lineage to John Wesley Powell and Gilbert White, but these proposals were stymied by the inherent conservatism of western water management.

The twin challenges of population growth and climate change force us to think sooner, rather than later, about the consequences of our choices. Today's public concern and willingness to act may offer an unprecedented opportunity to take the necessary steps to address our growing thirst while protecting the landscape and living rivers that sustain us.

Sarah Bates is the deputy director for policy and outreach in the Missoula office of Western Progress, a regional organization that develops and promotes progressive policy solutions for the Rocky Mountain West. She has written extensively on western water law and policy.

By Sarah Bates
Western Progress
for Headwaters News
March 6, 2008

The Rocky Mountain West is thirsty. And its limited water resources work very, very hard.

Snow blankets the spine of the continent, melts into headwater streams that flow to mainstem rivers, and snakes through dry desert canyons on its way to the ocean.

On its journey, the water is dammed and diverted, piped over great distances, and put to work to meet diverse and growing human needs. Western sage Wallace Stegner observed, "Water is the true wealth in a dry land; without it, land is worthless or nearly so."

Historically, many of the choices made about managing this precious resource have not adequately reflected its value. Legal rules developed during the Gold Rush provide important protection for established water users but do not take into account changing public values for water or the health of the rivers and aquifers from which water is drawn. Priorities for development often leave until too late consideration of the reliability of water supplies to serve new residents—let alone a meaningful analysis of the impacts of obtaining water from various sources.

At the heart of the matter, as Marc Reisner artfully observed in his book Cadillac Desert, westerners have lived in a state of denial about the region's aridity, establishing a society whose "very existence is premised on epic liberties taken with water." Today, it appears, the bill for this extravagance is coming due, and westerners face important choices about how to live in an arid landscape.

It is increasingly common to see today's challenges presented as a looming crisis in western water—a coming drought of near-biblical proportions. But this is also a time of opportunity, a chance to adopt a variety of policy reforms to encourage water conservation and re-use, carefully crafted water transfers, and restoration of aquatic ecosystems.

In short, this could be the dawn of a new era of western water management, a time of adapting our lifestyle to fit the realities of our homeland rather than forcing the landscape to bend beyond its capacity to meet our needs.

According to Nevada State Archivist Guy Rocha, Mark Twain did not actually say that "Whiskey is for drinking and water is for fighting over," although that quote is persistently attributed to him.

"If Twain didn't say it," Roch remarks, "he should have." No less a truisim (and equally difficult to attribute) is the oft-repeated saying that "Water flows uphill to money." Indeed, water—and the mighty battles and empire building inspired by its scarcity in the West—has sparked its own literature, legal and technical disciplines, and cultural traditions. No one, it seems, is dispassionate about water.

Today's water disputes are deeply rooted in historical circumstances and practices. As explained in the recently released Western Progress policy report A New Western Water Agenda, the rules governing water use trace back to the mining camps of the 19th Century.

They have evolved over time, to the point that scholar Charles Wilkinson wrote a tongue-in-cheek obituary for "Prior Appropriation" in the early 1990s. (Since then, he has acknowledged that "Prior" is alive if not wholly well.) Modern water law includes a strong federal regulatory component, some level of protection for instream flows, and consideration of public values for water and related resources.

Despite these changes, western water policy remains fundamentally anchored in the idea that water will be available wherever and whenever it is needed.

The ambitious spirit of the Reclamation Era lives on in the multi-pronged efforts of Las Vegas to obtain water to satisfy the fastest growing metropolitan area in the United States. At the right price, the thinking goes, there is always more water to be had. And, with very few exceptions, that has so far been true.

Increasingly, however, reaching for "new" water means stepping on someone else's interests—boaters and anglers who don't want to see river flows depleted, farming communities disturbed by dried-up land as irrigators sell their water rights to distant cities, and rural homeowners whose wells run dry when too many neighbors tap into the same source of groundwater.

The battles extend beyond state lines, as witnessed by a dispute before the U.S. Supreme Court pitting Montana against Wyoming over the modest flows of the Tongue and Powder rivers.

Most significantly, perhaps, the players have changed in the western water wars. Early water disputes were settled by irrigators armed with shovels or shotguns facing off across a ditch. Later these conflicts were resolved in administrative procedures or court proceedings, but the parties remained the same—those who held legally recognized water rights, sorting through their competing interests in what essentially functioned as a risk-sharing enterprise. Today, such proceedings involve parties representing all manner of public resources (fish, wildlife, water quality, recreation, and both rural and urban communities), who previously would have been recognized, if at all, as "third-party" interests.

The key driving forces for change in western water policy are population growth and climate change.

The Rocky Mountain West is the fastest-growing region in the country, and six of the 10 fastest-growing states are located in the persistently water-short Colorado River Basin. Most of the region's water withdrawals are for agricultural irrigation, but an increasing share is devoted to watering bluegrass lawns and filling the swimming pools of Sunbelt migrants. And, although western cities have embraced conservation programs and water-wise landscaping in a big way, several western states have per capita water use rates far above the national average.

In brief, the region's limited water supplies are already in short supply and are sought out by more and more people moving to the Rockies. What could possibly make the situation tougher? The answer: Warming temperatures and diminished water supplies.

A stream of scientific studies in recent years concludes that global climate changes are already impacting western water resources.

A 2007 report of the Intergovernmental Panel on Climate Change projected as much as 11.5 degrees F warming in the 21st Century, far greater than changes observed over the past century. (IPCC, Climate Change 2007—Impacts, Adaptation and Vulnerability)

The IPCC predicts that this temperature rise will result in more extreme weather conditions (heat waves, hurricanes, floods), increased evaporation from reservoirs, and decreased snow cover, glaciers, and ice caps.

The next phase of IPCC reporting will focus on regional impacts of climate change, including predicted conditions in particular river basins. This information—so essential for assessing adaptation strategies—is devilishly hard to pin down, given the broad parameters of climate change modeling and the variability of global weather patterns.

We do know that the key impacts of climate change in the American West will be reduced water availability, especially during the summer months when both demands and vulnerability are highest. Already, snowlines have moved to higher elevations throughout the region, and spring runoff is occurring as much as three weeks earlier than just 50 years before. Increasingly, the pattern of runoff is influenced by rain falling on snow, creating new patterns of fall and spring flooding.

The warming signs extend far beyond the desert Southwest. In 2007, for example, western Montana experienced record high temperatures, resulting in lower-flowing, warmer streams, which threatened the survival of native fish. These conditions prompted the state to impose fishing restrictions and prohibitions in the most popular and sought-after stretches. Local outfitters, guides, and tourist-related businesses all suffered economic losses as a result of these closures.

Elsewhere, marina owners have had to extend boat ramps over vast expanses of newly exposed lakebed—a trend well-documented in Lakes Powell and Mead, but also occurring in Montana's Fort Peck Lake on the Missouri River.

Even with this year's abundant snowpack, the region's thirst continues to grow. Climate scientists caution the public and policy makers not to confuse "weather" with "climate," pointing out that the larger trends of warming and drying will not be reversed by a single year or two of normal precipitation.

The eight major water agencies that recently announced formation of the Water Utilities Climate Alliance express no doubt that the time to act is now.

We don't need to wait for good ideas, either. For decades now, forward-thinking water experts have come together periodically and hammered out remarkably similar agendas for water policy reform.

Gatherings as diverse as the National Water Commission, the Western Governors' Association, the Longs Peak Working Group, and the Western Water Review Advisory Commission all called for changes in state and federal policies to respond to evolving public values, protect important rivers and ground water resources, and coordinate management among diverse public agencies. Some of these ideas are already finding their way into law and agency practices, but many are still classified as "recommendations"—well-considered, but untried.

Today's western water crisis provides an opportunity to step forward more boldly than before, looking to the good ideas already available and supplementing them with solid information about the changing conditions to come. Those of us who have been participants in these roundtables, commissions, and other study- and talk-fests now must help shape the laws and policies to carry us into a sustainable future.

In the next Perspectives column, to be published next week, I will suggest a path toward necessary reforms, as contained in the new Western Progress water report.

About the report:

Throughout the West it is increasingly difficult to find water sources that are not already committed to another use. Most rivers have been dammed to capture high flows and to recapture water for subsequent use.

Groundwater has been tapped at rates well beyond the ability of aquifers to recharge, so water levels have dropped and associated surface water has declined. Alteration of aquatic systems for water development has caused extinction of species of fish, and others are in jeopardy. The West is approaching a zero-sum game in which the benefits of developing additional water are offset by the losses.

"More and more, we are seeing a realization across the West that the conservation and sustainability of water is essential to our future," said Lawrence MacDonnell, co-author of A New Western Water Agenda, a policy report out today from Western Progress, "this report seeks to extend existing efforts across the entire region and also suggest new ways of tackling increasing scarcity."

"The status quo simply won't work," said Denise Fort, the other co-author of the report and a professor at the University of New Mexico Law School, "we must find new ways in decrease our use of the limited water supply we face in the West."

The Rocky Mountain region, already noted for the ferocity of its interstate water battles, was identified by the Intergovernmental Panel on Climate Change as one of most vulnerable parts of the country to future water shortages due to climate change and variability. As Western Progress has previously noted, these changes are already underway with declining snowpacks, earlier spring runoffs, and record high temperatures. The need for new solutions to the water issue increases with each passing year.

To download a copy of this report, go here.

About Western Progress:

Western Progress envisions a West that honors the ideal of a more just society through opportunity, equity, freedom, independence and our shared love of place.

Our mission is to advance progressive policy solutions across the eight-state Rocky Mountain Region through:

• progressive policy initiatives;

• countering conservative rhetoric and policy;

• creating coalitions to develop pragmatic results;

• training and supporting future leaders.

As an independent, non-partisan voice, Western Progress:

• expands opportunities that enrich us all, for education, gainful work, personal achievement and a high quality of life;

• encourages individual and collective responsibility for building strong, nurturing communities;

• pushes government at all levels to be open, honest, responsive and humane.