State engineers developing measurement rules for Colorado water diversions
Compliance in the Yampa going slower than hoped
Colorado officials are preparing for a future with less water by developing rules and guidance for water users to measure how much they are taking from streams.
State Engineer with the Colorado Division of Water Resources Kevin Rein is planning a rule-making process on measurement devices that includes stakeholder input.
Although state engineers in each water division have the authority to enforce the requirement of measurement devices, Rein said drafting more formal rules through an administrative rule-making process, instead of an ad hoc push like in the Yampa River basin, would affirm that authority.
Rules also would include specific technical guidance on the best types of flumes, weirs and meters to use for different types of diversions.
“The idea about rule-making is that we would have consistent guidance across the basin, developed through a formal process,” Rein said. “One thing I’ve found is that when you have stakeholder involvement in the development, then you have stakeholder buy-in during the implementation.”
Yampa/White/Green river basin
Division 6 Engineer Erin Light is still taking a lenient stance with water users in the White and Green river basins while the measurement rules are developed. In fall 2019, Light ordered nearly 500 water users in the Yampa River basin to install measuring devices to record their water use and initially received some push-back from agricultural water users unaccustomed to measuring their diversions.
In March 2020, Light issued notices to water users in the White and Green but decided to delay sending formal orders after the COVID-19 pandemic disrupted the economy. Orders are still on pause while Rein’s office develops the measurement rules, which would apply across the Western Slope.
“It made more sense to wait for the measurement rules to at least get started, maybe not necessarily get completed, but allow Kevin to get out and start doing the stakeholder meetings and encourage these structures to be installed without orders,” Light said.
Compliance is gradually increasing across the basin, but at a slower pace than Light would like. In January 2020, 49% of diversions in the Yampa River basin did not have a measuring device; as of April 2021, 42% were still without one. White River basin compliance has improved from 83% without a measuring device to 68% over the same time period; water users in the Green have gone from 69% to 49%. As a whole, Division 6 has gone from 55% of diversions without measuring devices to 46%.
“I would have hoped that we would have had more compliance at this point,” Light said. “I look at those numbers and think we still have some work in front of us and how are we going to accomplish our goal, which is to assure that all of these structures that we maintain records on have operable headgates and measuring devices.”
In some basins on the Western Slope, nearly all diversions already have measuring devices. For example, in the Roaring Fork and Crystal river basins, about 95% of the structures have devices, according to Colorado Department of Natural Resources Communications Director Chris Arend. That’s because there has traditionally been more demand and competition for water in these basins, he said.
Water shortages drive measurement push
The push for Western Slope diverters to measure their water use comes down to impending water shortages. Division 6, in sparsely populated northwest Colorado, has traditionally enjoyed abundant water and few demands, but as climate change tightens its grip on the West, there is less water to go around. Calls by senior water users have gone from unheard of to increasingly common in just the past few years.
“We definitely have systems on call that have never been on call,” Light said of current conditions in the Yampa.
A call occurs when a senior water rights holder is not getting the full amount they are entitled to. They place a call with state engineers, who shut off more junior water rights users so the senior user can get their full amount. Under Colorado’s prior appropriation system, the oldest water rights have first use of the river.
“If you don’t have a measuring device during a call, we are shutting you off, period,” Light said.
As the threat of a Colorado River Compact call and the possibility of a state demand-management program grow, state officials say the need to measure water use grows, too.
A compact call could occur if the upper-basin states — Colorado, Utah, Wyoming and New Mexico — were not able to deliver the 75 million acre-feet of water over 10 years to the lower basin states — California, Arizona and Nevada — as required by the 1922 compact. Colorado water managers desperately want to avoid this scenario, in part because it could trigger mandatory cutbacks for water users.
If a compact call were to play out, measuring devices would be crucial, because as Rein says, you can’t administer what you can’t measure.
“We need to better measure what has been diverted, so having measurement rules and therefore measuring devices in place will be critical to prepare for and implement compact administration, should it happen,” he said.
The state also is currently exploring a potential demand management program, which would temporarily pay irrigators to not irrigate and leave more water in the river. The goal would be to boost water levels in Lake Powell and avoid a compact call. But in order to participate in the voluntary program, feasibility of which is still being evaluated, irrigators need to first measure their water diversions.
“We would have to know how much they were using in the years before, before we can give them credit for not using it,” Rein said.
Low interest in grant funding
One of the reasons Light originally paused enforcing the measurement device requirement in the White River basin was to give conservancy districts time to secure grant money to help irrigators pay for the potentially expensive infrastructure. But there wasn’t much interest from water users in getting grant money, according to Callie Hendrickson, executive director of the White River & Douglas Creek Conservation Districts.
“We did not proceed with (securing grants),” she said. “We didn’t hear from very many people that they were seeking funding.”
The story was similar on the Yampa. The Upper Yampa Water Conservancy District had a $200,000 pot of money — half of it state grant money and half from the district — to reimburse water users for installing measuring devices. Irrigators can get 50% of their costs covered, as much as $5,000 through the first tier of the grant program. According to Public Information and External Affairs Manager Holly Kirkpatrick, despite a very simple application process, the program has doled out just under $40,000 so far for about 20 projects.
“I had certainly hoped to have more interest in the first year of the program,” she said.
As Rein plans for webinars and meetings with water users later this summer and fall, the situation in the Colorado River basin grows more dire. The Bureau of Reclamation this week began emergency releases from Upper Basin reservoirs to prop up levels in Lake Powell to try to maintain the ability to produce hydroelectric power at Glen Canyon Dam.
“I recognize the value in having measurement rules as soon as possible because, yes, they would be extremely helpful if we need to take measures toward compact administration,” Rein said. “Having more data sooner rather than later is important.”
Aspen Journalism covers waters and rivers in collaboration with The Aspen Times and Swift Communications. For more, go to http://www.aspenjournalism.org.