Dividing the Water An Introduction to Western Water Rights and Resources by Charles M. Brendecke PhD PE September 12, 2008

The Hydrologic Cycle

Key Terms for Flow and Volume CFS: cubic feet per second…Boulder Creek flow is now about 57 cfs (near tunnel) CFS: cubic feet per second…Boulder Creek flow is now about 57 cfs (near tunnel) AF: acre-feet (1 acre 1 foot deep)…a football field one foot deep is about 1.1 af AF: acre-feet (1 acre 1 foot deep)…a football field one foot deep is about 1.1 af 1 cfs for an entire year yields 724 af 1 cfs for an entire year yields 724 af

Seasonal Streamflow Patterns

Geographical Distribution of Runoff

Western Water Development 19 th Century: mining claims, small irrigation projects (private) 19 th Century: mining claims, small irrigation projects (private) Early 20 th Century: large projects by Federal government, and by some states and cities Early 20 th Century: large projects by Federal government, and by some states and cities Late 20 th Century: environmental laws and policies, water right transfers between users Late 20 th Century: environmental laws and policies, water right transfers between users

What is a water right? A property right that can be sold A property right that can be sold A right to use, but not to own or hoard A right to use, but not to own or hoard A way to allocate the supply when there’s not enough to go around A way to allocate the supply when there’s not enough to go around A way to define what can be bought, sold and transferred A way to define what can be bought, sold and transferred

Origins of Western Water Rights Early “placer” mining activities used water to separate valuable metals Early “placer” mining activities used water to separate valuable metals Competition between miners led to water allocation by date of claim Competition between miners led to water allocation by date of claim Water law still influenced heavily by mining law Water law still influenced heavily by mining law

Water Rights Overview Each state has its own code of water laws Each state has its own code of water laws Two basic doctrines – Riparian and Prior Appropriation Two basic doctrines – Riparian and Prior Appropriation Riparian Doctrine common in eastern states Riparian Doctrine common in eastern states Prior Appropriation Doctrine common in western states Prior Appropriation Doctrine common in western states

State Water Right Doctrines

Elements of a Water Right Source Source Priority Date Priority Date Amount Amount Type of use Type of use Period of Use Period of Use

Example of a Water Right Boulder and White Rock Ditch Boulder and White Rock Ditch Source: Boulder Creek (in Central Park) Source: Boulder Creek (in Central Park) Priority Date: May 1, 1868 Priority Date: May 1, 1868 Amount: 5.3 cfs Amount: 5.3 cfs Period of Use: April 15 – October 15 Period of Use: April 15 – October 15 Type of Use: Irrigation Type of Use: Irrigation

Water Right Administration 1 st Priority 2 nd Priority 3 rd Priority

Water Right Administration Applies to all connected stream systems Applies to all connected stream systems Literally 1000’s of water rights Literally 1000’s of water rights 78 administrative Water Districts in Colorado (Boulder Creek is District 6) 78 administrative Water Districts in Colorado (Boulder Creek is District 6) 7 administrative Water Divisions 7 administrative Water Divisions New rights and changes must be approved by Water Courts New rights and changes must be approved by Water Courts

Allocation Between States Most rivers either define or cross state lines Most rivers either define or cross state lines Each state has its own water laws Each state has its own water laws How to allocate water between states? How to allocate water between states? Two basic methods – Compacts and Decrees Two basic methods – Compacts and Decrees

Interstate Water Compacts Formal agreements between states Formal agreements between states Ratified by state legislatures and U.S. Congress Ratified by state legislatures and U.S. Congress Take many different forms Take many different forms Enforced like contracts Enforced like contracts Colorado is a party to 7 interstate compacts Colorado is a party to 7 interstate compacts

Interstate Water Decrees Disputes between states go to U.S. Supreme Court Disputes between states go to U.S. Supreme Court Court appoints a Special Master to hear facts and make recommendations Court appoints a Special Master to hear facts and make recommendations Court issues Decree based on Master’s recommendations Court issues Decree based on Master’s recommendations

Current and Looming Challenges in Water Allocation Water quality Water quality Habitat restoration Habitat restoration Impacts of ground water use Impacts of ground water use Climate change Climate change

Some Further Reading on Western Water and Natural Resources “Cadillac Desert”, by Marc Reisner “Cadillac Desert”, by Marc Reisner “Beyond the 100 th Meridian”, by Wallace Stegner “Beyond the 100 th Meridian”, by Wallace Stegner “Encounters with the Archdruid”, by John McPhee “Encounters with the Archdruid”, by John McPhee “A Sand County Almanac”, by Aldo Leopold “A Sand County Almanac”, by Aldo Leopold “Desert Solitaire”, by Edward Abee “Desert Solitaire”, by Edward Abee