WATER ADMINISATRATION Division 7 Update Colorado Bar/Water Law Section November 12, 2020 Robert B. Genualdi, P.E., Division Engineer Water Division 7, Durango, CO Colorado Division of Water Resources 1. Overview of CDWR-Division 7 2. Water Administration and Compacts in SW Colorado – Update from last presentation 3. Hydrology-past and present Division of Water Resources Water Divisions and Offices 3 Durango & Silverton Narrow Gauge Railroad Mesa Verde National Park Competing uses for water in SW Colorado •Irrigation •Municipal •Power •Storage •Commercial •Industrial •Recreation •Fishery •Fire •Domestic •Stockwater •Snowmaking •Wildlife •In-stream Flow Inter-state Relationships 19 States rely on Colorado Water The San Juan and Dolores River Basins (Division 7) contributes over 2 mil AF/yr, which is approx. 28% of Colorado’s contributions to Division 7 the Colorado River system. Estimate consumptive use in Division 7 is 325,000 AF/yr. Cortez, CO Pagosa Springs, CO Durango, CO Farmington, NM What‘s Unique About Water Administration In Division 7 4 Interstate Compacts • Colorado River Compact • Upper Colorado River Compact • La Plata River Compact • Anima-La Plata Project Compact 2 Indian Reservations •Southern Ute Indian Tribe •Ute Mountain Ute Tribe Coal Bed Methane (CBM) issues Recreational In-Channel Flow (RICD) San Juan–Chama Trans-Mtn/Trans-state Diversion to NM Thousands of surface and groundwater rights Divert and store water in CO for use in NM (ALP) Division 7 Staff Durango 12 - Pagosa Springs 4 - Cortez 3 Division Engineer Assistant Division Engineer Aug Coord/River-Res Ops Program Assistant 2 Hydrographers 12 Water Commissioners Dam Safety Engineer Compact Summary 1922 Colorado River Compact Seven States (AZ,CA,CO,NV,NM,UT,WY) Divides Colorado River into Upper Basin & Lower Basin at Lee Ferry, AZ, ave 7.5 mil af/yr delivered for use by Lower Basin 1922 La Plata River Compact Allocates Half the flow at Hesperus, CO to NM the following day. Compact period Feb 15th-Dec 1st. 1948 Upper Colorado River Compact Apportions Upper Basin water between states. Colorado’s portion approx 51.75%. Provisions for delivery to Lower Basin states (SJ-C Project). 1969 Animas-La Plata Project Compact Right to store and divert A-LP Project water in Colorado for use in New Mexico with the same priority. Interstate Compacts and Division 7 Durango, CO Pagosa Springs, CO Farmington, NM Indian Reservations Ute Mountain Ute Tribe UT Southern Ute Indian Tribe AZ NM Division 7 Indian Water Rights Two Indian Tribes within Division 7 • Southern Ute Indian Tribe • Ute Mountain Ute Tribe Both tribes have water right settlements (consent decrees) with the State of CO (recognize and include federal reserved water rights) Tribes have water rights in nearly all Water Districts in Division 7 Part of their settlements include allocations of water from the federally sponsored Animas-La Plata Project (Lake Nighthorse) and Dolores Project (McPhee Reservori) Both also have privately held water rights (acquired through the normal Water Court procedures) City of Durango Whitewater Park (06CW0009 Rec In-channel flow) Under Construction in 2014-2017 City of Durango Whitewater Park Animas River Days City of Durango Whitewater Park Animas River Days NM CO Animas-La-Plata Project Purpose/Uses • M&I for CO and NM (originally included irrigation in the adjacent La Plata River basin) Lake Nighthorse Sources • Animas River and local runoff (Basin Creek) Project Features •Durango Pumping Plant and Pipeline = 287 cfs •Lake Nighthorse Res. (off-channel) = 123,541 AF Durango Pumping Plant Water Right Owner •ALP Association Project Participants •Users in CO and NM (cities and rural domestic systems) • Southern Ute, Ute Mountain Ute Tribes, Navajo Nation (in NM), State of Colorado and others Delivery •Water can be pumped out of Lake Nighthorse or Looking south over City of Durango toward Lake released back to the Animas River via Basin Creek. Nighthorse. New Mexico in background •Water can also be identified in the Animas River (photo by Hal Lott) without first being pumped into Lake Nighthorse. A-LP Water Court History • Original water right for 600 cfs (CA1751-B) from Animas River, SWCD water right owner • 1966 adjudication, 1938 appropriation • Most of the water was to be diverted into the La Plata River basin for irrigation • Subject to change case terms and conditions (80CW237) • Provided for an Alternate POD (Durango Pumping Plant) and Alternate Place of Storage (Lake Nighthorse) • Water must be available at original point of diversion to be diverted at the Durango Pumping Plant • A-LP Project diversion limits (13CW3011) • Split the water right between ALP Association and SWCD. Removed irrigation from ALP portion. • 131,500 AF/yr on a rolling 20-year average (Subject to “Reality Check”) • Apr – Jun = 500 cfs • Jul – Aug = 370 cfs • Sept – Mar = 340 cfs • Allow for alternate point of direct flow delivery (17CW3002) • Water can be identified as A-LP water in the Animas River at the Durango Pumping Plant and then delivered to any point downstream without being pumped and subsequently released from Lake Nighthorse • SWCD still hopes to deliver its portion into the La Plata River basin for irrigation Animas – La Plata Project Federal Requirements • Bypass requirement at Durango Pumping Plant • Apr – Sept = 225 cfs • Oct – Nov = 160 cfs • Dec – Mar = 125 cfs • Environmental Impacts • A-LP Facilities limited to Municipal & Industrial uses only • Statutory Depletion Limitations • 57,100 AF average annual depletion at Bluff, UT • Compact Summary • Right to store and divert ALP Project water in Durango Pumping Colorado for use in New Mexico with the same Plant priority Capacity: 287 cfs Average=90K/yr San Juan-Chama Project San Juan-Chama Project Water supply for Albuquerque, Santa Fe, numerous Indian Pueblos, irrigation districts and others NM users Diverts about 90,000 AF/yr, second largest trans-mountain diversion in Colorado Predicated on the Upper Colorado River Basin Compact (to assist downstream states develop there apportionment) There is no Colorado Water Court decree for this diversion (i.e. no water right in Colorado) There are by-pass provisions to preserve aquatic live 24 No water right exists for the Project Minimum bypass flows must be maintained Minimum bypass requirements Column 1. – Monthly bypass 1 2 3 1 2 1 2 3 volumes requirements set by federal authorizing legislation Column 2. – Daily bypasses set by agreement for administration (after tort claims) Column 3. – CWCB decreed instream flow requirements 2020 AND 2019 FLOWS COMPARED TO AVERAGE 29,757 AF (15%) 245,313 AF (145%) 162,958 AF Total Export Out of Division 2020 – 883,549 AF (57%) TRANSBASIN DIVERSIONS 2019 – 2,616,519 AF (169%) DOLORES to McELMO Average – 1,543,959 AF 207,772 AF (101%) 202,250 AF (99%) Additional 4,000 AF+/- 204,193 AF diverted from high mountain diversions into other basins McELMO 15,386 AF (42%) McELMO 20,540 AF (55%) 37,066 AF SAN JUAN- CHAMA PROJECT 45,082 AF (40%) MANCOS 138,316 AF(158%) 3,992 AF (13%) 86,823 AF 47,829 AF (148%) 34,301 AF Historical Precipitation Analysis Durango - Running Averages 40 35 30 25 20 15 Yearly Yearly Precipitation (inches) 10 5 0 Precipitation (Oct. to Sept.) 10-Yr Running Ave 30-Yr Running Ave Long-term Ave Historical Precipitation Analysis Durango - Decadal Average 40 35 30 25 20 15 Yearly Yearly Precipitation (inches) 10 5 0 Precipitation (Oct. to Sept.) 10-Yr Ave Long-term Ave Results of low flows: Failed aug plans that rely on dry-ups (out-of-priority) Concerns from downstream states In-stream flows cannot be maintained. Note: A-LP cannot pump/divert due to by-pass requirement Thank you for your time. -Questions? West Dolores River near Dunton, CO.