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Posts published in “Digests”

Water Digest – July 10

Water rights weekly report for July 3. For much more news, links and detail, see the National Water Rights Digest.

Access to clean drinking water and the nation's water infrastructure are major concerns for Americans across the country, according to "Perspectives on America's Water," a new study. A total of 6,699 American adults shared their views on water-related topics in this comprehensive online study conducted on behalf of Nestlé Waters North America by the global market research firm PSB in May 2017. The study, the first of its kind to gather both the opinions of the U.S. general population and those of experts in the field, found that water is viewed as the most important natural resource in Americans' daily lives, more so even than clean air (87 percent compared to 81 percent). Yet, 61 percent of American consumers and 66 percent of experts characterized water problems as a crisis or major issue for the United States.

How does fill in a lake, where the fill affects navigtable area, affect the public trust doctrine? The Washington Supreme Court reviewed those pieces in its July 6 decision in Chelan Basin Conservancy v. GBI Holding Co. and city of Chelan.

The Flying L Hill Country Resort will get a faster water allocation after a June 29 settlement with the Bandera (Texas) County River Authority and Groundwater District.

Water Digest – July 3

Water rights weekly report for July 3. For much more news, links and detail, see the National Water Rights Digest.

For years, Oregon water activists have proposed a set of serious studies to better understand how the state’s groundwater system works.
The latest attempt, a serious push at the state legislature this year, has collapsed at the Statehouse.

IC Potash on June 12 said that ICP and Intercontinental Potash Corp. (USA) have received a formal offer from the company H20 of Lea County to purchase ICPUSA’s Capitan Reef Complex Aquifer water. H20 is committed to building the required infrastructure and providing the equipment costing approximately USD$2M at no cost to ICPUSA. The potential annual revenue for ICPUSA is USD$4M to USD$6M under the proposed offer by H20.

The regionally well-known Stanley Ranch, located not far from Hawthorne, Nevada, will pass into the hands of the Walker River Pauite Tribe – together with its water rights. Long privately-owned, the ranch in recent years has been held by the Walker Basin Conservancy (which was founded at about the same time).

A water priority call in the Idaho Wood River Valley was dismissed on June 7 by state Department of Water Resources Director Gary Spackman. The rejection does not necessarily mean the request by senior water right holders lacks validity. Instead, the petition from the Big Wood and Little Wood Water Users Association was turned down on what Spackman said was a lack of standing – the association did not itself constitute an affected party.

Water Digest – June 26

Water rights weekly report for June 26. For much more news, links and detail, see the National Water Rights Digest.

Representative Scott Tipton (CO-03) reintroduced the Water Rights Protection Act (H.R. 2939) on June 21. The bill would uphold federal deference to state water law and prevent federal takings of privately held water rights. In 2014, the U.S. Forest Service proposed the Groundwater Resource Management Directive, which gave the federal government jurisdiction over groundwater in a manner that was inconsistent with long-established state water law. The USFS withdrew the measure but has indicated a desire to issue a revised directive in the future. The Water Rights Protection Act would prohibit the Departments of Agriculture and the Interior from requiring the transfer of water rights as a condition of any land-use permit.

A lawsuit over how much various Southern California parties should pay for water they import from the Colorado River hit another inflection point point on June 21, as a three-judge panel of a state appellate court reversed significant parts of a 2015 trial court decision.

The state of Montana’s agriculture department has an Industrial Hemp Pilot Program, but it’s running into problems because of federal restriction on water use for hemp production.

PHOTO Hemavathi water suppy canal in India.

Water Digest – June 19

Water rights weekly report for June 12. For much more news, links and detail, see the National Water Rights Digest.

In a June 13 court decision, the United States Court of Appeals for the Ninth Circuit in San Francisco sweepingly affirmed the Gila River Indian Community’s positions regarding numerous water policy issues in the Upper Valley of the Gila River. Of particular importance is the principle that water rights which go unused for a consecutive period of five years are permanently forfeited, no matter when the water was originally appropriated.

Utahns are invited to weigh in on a set of recommendations for a 50-year state water strategy before those recommendations are finalized and delivered to Gov. Gary Herbert. The draft recommendations have been written over the last four years by the State Water Strategy Advisory Team, a volunteer group of water experts including researchers, the Utah climatologist, water managers, agricultural representatives, environmental advocates, elected officials and others.

Notification letters sent recently to Flathead-area water right owners from the Montana Department of Natural Resources and Conservation’s) Water Adjudication Bureau are part of the agency’s ongoing claims examination process. Kathy Olsen, manager of DNRC’s Kalispell Regional Water Office, said the Department has been directed by the Montana Water Court to examine water right claims in Flathead River Basins 76L and 76LJ. The process is not connected with the Confederated Salish and Kootenai Tribes Water Compact or with the proposed Montana Artesian water bottling operation.

A June 16 report in the Milwaukee, Wisconsin, Journal Sentinel said that newly-filed court documents showed state employees expressing concerns, through emails, about heavy well development in high-irrigation areas. The development, they suggested, could harm area streams and water bodies.

The Nevada capital Carson City on June 15 reached an agreement involving the nearby city of Minden, Douglas County and the Indian Hills General Improvement District to obtain additional water rights.

Water Digest – June 12

Water rights weekly report for June 12. For much more news, links and detail, see the National Water Rights Digest.

On June 9 New Mexico State Engineer Tom Blaine delivered an order confirming that ranchers have the right to use water for their cattle in the Lincoln National Forest. In 2016, an endangered mouse was found in the forest, leading to the blocking of some areas of the forest for cattle use.

On June 7, U.S. District Court Judge Jesus Bernal granted the Agua Caliente Band of Cahuilla Indians a motion to lift the stay on legal proceedings regarding the Tribe's water rights.

Residents around the Oregon side of the Klamath Basin trooped to the Klamath County Circuit Court rooms on June 7 and 8 to listen to options for moving the Klamath adjudication ahead.

Zion Market Research, the market research group announced the analysis report titled “Water Trading Market: Global Industry Analysis, Size, Share, Growth, Trends, and Forecasts 2016–2024”.

The Bureau of Reclamation’s June 2017 Total Water Supply Available (TWSA) forecast for the Yakima Basin indicates the water supply will fully satisfy senior and junior water rights this irrigation season.

Water Digest – June 5

Water rights weekly report for May 22. For much more news, links and detail, see the National Water Rights Digest.

California lawmakers acted decisively Tuesday to make fixes to the state’s broken water management structure. Assembly Bill 313, introduced by Assemblyman Adam C. Gray (D-Merced), overwhelmingly passed the California Assembly with an initial 55-0 vote. The bill makes necessary reforms to how the state manages water rights.

The U.S. Army Corps of Engineers began flood fight operations throughout the Central U.S., along the Mississippi and tributary rivers, in response to heavy rainfall on April 28-30 . High water flows are impacting navigation and stressing federal and non-federal levee systems.

The Bureau of Reclamation announces that Klamath River emergency dilution flows will not be required in 2017 to mitigate the effects of a parasite called Ceratanova shasta (or C. shasta) on outmigrating juvenile salmon. The announcement is made following weeks of monitoring parasite spore concentrations and prevalence of C. shasta infection among outmigrating salmon, and monitoring conducted by Oregon State University, the Karuk Tribe and the U.S. Fish and Wildlife Service.

The Bureau of Reclamation has released the Finding of No Significant Impact for the approval to transfer recaptured Restoration Flows from Friant Division long-term contractors to Pleasant Valley Water District during 2017. The FONSI is based on the analysis of potential impacts analyzed and disclosed in the 2013 Recirculation of Recaptured Water Year 2013-2017 San Joaquin River Restoration Program Flows Environmental Assessment.

Water Digest – May 29

Water rights weekly report for May 22. For much more news, links and detail, see the National Water Rights Digest.

The New York Times on May 27 published a guest opinion from an environmental activist concerned about the future of water releases into the Upper Delaware river system in New York’s Catskills. Jeff Skelding of the Friends of the Upper Delaware wrote that “the Upper Delaware is a fragile ecosystem, and now it is threatened by a bitter dispute between New Jersey and New York City over water availability, and how much should be released into the river for the fishery and downstream states from reservoirs that provide water to the city.”

Colorado Governor John Hickenlooper on May 21 signed into law Senate Bill 117, aimed at allowing use of water stored in federal reservoirs. Use of water for growing hemp or cannabis from those reservoirs, even by long-time water right holders, has been called into question because, though both are legal to grow in Colorado under state law, they still are considered highly restricted substances under federal law.

What happens when water users sell off their water rights, over a large area? That has been happening, to a degree at least, in southern Colorado’s Arkansas River area. A story by the area’s National Public Radio station noted that “Without many water rights left there, Heimerich says current residents rely heavily on a single correctional facility for access to full-time jobs. He calls Crowley County the poster child of an agricultural community that's lost much of its water.”

A May report in the Arizona Capitol Times said Governor Doug Ducey plans to increase staffing at the state Department of Water Resources, main in the area of federal water adjudications. That may presage a more aggressive stance by the state on regional water allocations.

The Idaho Water Resource Board has approved spending $109,273 with Ralston Hydraulic Services Inc. of Moscow for the second phase of the Lewiston Regional Deep Aquifer Study.

Water Digest – May 22

Water rights weekly report for May 22. For much more news, links and detail, see the National Water Rights Digest.

From U.S. Representative Scott Tipton, a perspective piece on water rights: "Too often, issues like forest management and water rights don’t make it into the news, but they have profound impacts on Coloradans. I remain committed to ensuring voices from the West are heard in the policy discussions happening in Washington."

The Montana Farm Bureau on May 19 released a statement supporting the Water Rights Protection Act, which would eliminate a requirement that certain grazing water rights be released to federal agencies in return for permissions to graze.

At the Oroville Dam in northern California: "The flood control spillway flow is currently at 20,000 cubic feet per second (cfs). Inflow is approximately 12,946 cfs. Current lake elevation is at 829.98 feet. Hyatt Powerplant is currently discharging 5,000 cfs. Total Feather River flow is 19,550 cfs."

An ambitious Nevada water management bill, Assembly Bill 298, appears to have ground to a halt in the Nevada legislative process for this year.
It did pass the state Assembly on April 26 by a vote of 26-16, but may have run aground in the Senate.

PHOTO Spillway from the Oroville Dam in California (from the California Department of Water Resources)

Water digest – May 15

Water rights weekly report for May 15. For much more news, links and detail, see the National Water Rights Digest.

Oklahoma state is facing a budget deficit. Should it sell some of its waster rights to thirsty Texas to help balance the books? The idea is coming up for discussion again partly because of proposals by former Oklahoma Governor David Walters.

A new study finds that when it comes to allocating water from the Upper Deschutes River for irrigation purposes, less is more. Findings indicate that the current system encourages inefficient use of water by senior water rights holders and very efficient use of water by junior water rights holders, resulting in higher crop yields and economic value on farms that have implemented practices to improve water use efficiency.

The Environmental Protection Agency and the U.S. Army sent a letter to governors today soliciting input from states on a new definition of protected waters that is in-line with a Supreme Court Justice Antonin Scalia’s opinion in the 2006 Rapanos v. United States case. Scalia’s definition explains that federal oversight should extend to “relatively permanent” waters and wetlands with a “continuous surface connection” to large rivers and streams.

The governing board of trustees of the College of Southern Idaho at Twin Falls decided May 9 to buy water rights to Pristine Springs, a nearby geothermal aquifer.

Idaho Digest – May 8

This is a summary of a few items in the Idaho Weekly Briefing for May 8. Interested in subscribing? Send us a note at stapilus@ridenbaugh.com.

On May 5, President Trump signed the Fiscal Year 2017 Consolidated Appropriations Act into law which includes Representative Mike Simpson's agreement on the Gateway West Transmission Line.

McCain Foods USA will expand its production capacity for frozen french fries in North America. The location of the expansion is McCain’s current plant in Burley, Idaho where it has been doing business for 20 years.

On May 4, the U.S. House passed the American Health Care Act 217-213 with backing from both Idaho representatives.

Idaho consumers are expected to see their wages advance 1% per year faster than inflation through the end of the decade. Coupling those wage increases with strong employment gains of around 15,000 new jobs per year gives total real personal income a boost. By 2020, this value will be $8 billion over the 2016 value. While some of this growth comes from increasing population, the per capita values also shine. Real per capita personal income advances $2,500 across these four years, bringing the value from $35,200 to $37,700.

Governor C.L. “Butch” Otter on May 3 expressed frustration and resolve at news that the Federal Emergency Management Agency once again has denied the state’s request for disaster assistance in five Idaho counties hit hard by severe winter storms.


PHOTO
Dinosaurs may be extinct but they will live again this summer at the Idaho Museum of Natural History at Idaho State University. On May 13th the IMNH will open its newest exhibit “Be the Dinosaur” with all things dino! From 9 a.m. to noon the museum will host fun dinosaur activities, including face painting, dinosaur balloon animals, and temporary tattoos that range from $1-$3 per activity in addition to gallery admission. The museum will also have its tyrannosaur on hand for photo ops! Travel back in time when dinosaurs roamed the earth and see the world they knew and “Be the Dinosaur.” Discover the science of dinosaurs and their ecosystems as you walk in their footsteps, hunt, eat, hide and survive and “Be the Dinosaur: Life in the Cretaceous” by using computer simulation, interactive and traditional exhibits. (photo/Idaho State University)