Utah/Nevada Ground-Water Utah/Nevada Ground-Water AgreementAgreement

Boyd ClaytonUtah Division of Water Rights March 19, 2013

Basic QuestionsBasic Questions Why an agreement?Why an agreement? Why now?Why now? Why this agreement?Why this agreement?

Nevada

Federal Regulations NEPA, Endangered Species …

US Supreme Court Equitable Apportionment

Utah

Why an Agreement?Why an Agreement? Train wreck management futureTrain wreck management future

Limited independent jurisdictionsLimited independent jurisdictions Overlapping impactsOverlapping impacts Competing demand in both statesCompeting demand in both states

Limited optionsLimited options Do nothing and hope nothing happensDo nothing and hope nothing happens Fight (uncertain outcome)Fight (uncertain outcome) Cooperation (contractual relationship)Cooperation (contractual relationship)

Because we can (PL 108-424)Because we can (PL 108-424)

Lincoln County Conservation, Recreation, Lincoln County Conservation, Recreation, and Development Act of 2004and Development Act of 2004

(3) Agreement(3) Agreement.—Prior to any transbasin .—Prior to any transbasin diversion from ground-water basins located diversion from ground-water basins located within both the State of Nevada and the within both the State of Nevada and the State of Utah, State of Utah, the State of Nevada and the the State of Nevada and the State of Utah shall reach an agreementState of Utah shall reach an agreement regarding the division of water resources of regarding the division of water resources of those interstate ground-water flow system(s) those interstate ground-water flow system(s) from which water will be diverted and used from which water will be diverted and used by the project. The agreement shall allow for by the project. The agreement shall allow for the maximum sustainable beneficial use of the maximum sustainable beneficial use of the water resources and protect existing the water resources and protect existing water rights.water rights.

Why Now?Why Now? Because we still can (108-424).Because we still can (108-424). SNWA Pipeline is a significant SNWA Pipeline is a significant

possibility.possibility. Enables cooperative data collection Enables cooperative data collection

now.now. Additional decisions will be made.Additional decisions will be made.

Why This Agreement?Why This Agreement?LIMITSLIMITS use of Snake Valley water resources in both use of Snake Valley water resources in both

states.states.CREATESCREATES a framework for joint management of the a framework for joint management of the

Aquifer and prioritiy distribution across state lines.Aquifer and prioritiy distribution across state lines.POSTPONESPOSTPONES SNWA water right applications before SNWA water right applications before

the Nevada State Engineer for 10 years.the Nevada State Engineer for 10 years.DEFINESDEFINES environmental protocol to monitor and environmental protocol to monitor and

protect air quality and sensitive species.protect air quality and sensitive species.PROVIDESPROVIDES a simplified mitigation process for Utah a simplified mitigation process for Utah

water users impacted by SNWA.water users impacted by SNWA.LEAVES LEAVES to the respective states appropriation to the respective states appropriation

decisions in their state.decisions in their state.

What is Snake Valley’s Sustainable What is Snake Valley’s Sustainable Yield?Yield?

Several studies have concluded there Several studies have concluded there is 105,000-111,000 acre feet of is 105,000-111,000 acre feet of sustainable yieldsustainable yield

BARCAS suggests 132,000 af existing BARCAS suggests 132,000 af existing ETET

Proposed Water DivisionProposed Water Division

NevadaNevada Utah UtahCategory 1-Allocated Category 1-Allocated 12,000 ac/ft 12,000 ac/ft 55,000 ac/ft55,000 ac/ftCategory 2-Unallocated 35,000 ac/ftCategory 2-Unallocated 35,000 ac/ft 6,000 ac/ft 6,000 ac/ftCategory 3-ReservedCategory 3-Reserved 19,000 ac/ft 19,000 ac/ft 5,000 ac/ft 5,000 ac/ftTotalTotal 66,000 ac/ft 66,000 ac/ft 66,000 ac/ft66,000 ac/ft

Section 5.4Section 5.4

Agreement prohibits:Agreement prohibits: Ground-water miningGround-water mining Impairment of water qualityImpairment of water quality Compaction of aquifers or surface Compaction of aquifers or surface

instabilityinstability

Section 5.4 Section 5.4 (continued)(continued)

States agree to re-consult anytime in States agree to re-consult anytime in the future to redetermine available the future to redetermine available ground-water supply. If withdrawals ground-water supply. If withdrawals

exceed supply, State Engineers must exceed supply, State Engineers must act to reduce withdrawals by priority.act to reduce withdrawals by priority.

All collected data will be made All collected data will be made available for public review.available for public review.

Nevada agrees to hold SNWA Nevada agrees to hold SNWA Snake Valley water applications Snake Valley water applications

in abeyance for in abeyance for Ten YearsTen Years. .

Additional hydrologic and Additional hydrologic and biologic data may be gathered biologic data may be gathered

before any decisions are made.before any decisions are made.

Environmental AgreementEnvironmental Agreement Utah and SNWA enter into the “Snake Utah and SNWA enter into the “Snake

Valley Environmental Monitoring and Valley Environmental Monitoring and Management Agreement.” Management Agreement.”

Objective #1 is to understand the baseline Objective #1 is to understand the baseline conditions for biology, hydrology and air conditions for biology, hydrology and air quality.quality.

Objective #2 is to provide for a plan of Objective #2 is to provide for a plan of operation and a definitive, binding operation and a definitive, binding process for resolving disputes.process for resolving disputes.

Environmental Agreement Environmental Agreement (continued)(continued)

Terms of this agreement Terms of this agreement become a condition of any become a condition of any water application approval water application approval

made by Nevada State made by Nevada State Engineer.Engineer.

Environmental Agreement Environmental Agreement (continued)(continued)

Counters adverse effects by Counters adverse effects by avoiding problem initiallyavoiding problem initially

Minimizes adverse effectsMinimizes adverse effects Mitigates for adverse effectsMitigates for adverse effects

Environmental Agreement Environmental Agreement (continued)(continued)

SNWA agrees to participate with SNWA agrees to participate with Utah in the “Columbia Spotted Frog Utah in the “Columbia Spotted Frog Conservation Agreement” and the Conservation Agreement” and the “Least Chub Conservation “Least Chub Conservation Agreement.”Agreement.”

Expands scope of monitoring to Expands scope of monitoring to adjacent valleys downgradient and adjacent valleys downgradient and requires air quality monitoring.requires air quality monitoring.

Agreement protects existing users by:

Creating procedures to identify and Creating procedures to identify and mitigate adverse impacts from SNWA mitigate adverse impacts from SNWA withdrawals. withdrawals.

Establishing Interstate Panel to resolve Establishing Interstate Panel to resolve disputes rising between existing users and disputes rising between existing users and SNWA.SNWA.

Maintaining a monitoring and mitigation Maintaining a monitoring and mitigation account of $3 million.account of $3 million.

Why or Why Not?Why or Why Not?

Cooperative Nevada/Utah aquifer Cooperative Nevada/Utah aquifer management with common goals and management with common goals and

built-in environmental protectionsbuilt-in environmental protections

OROR

Individual state aquifer management Individual state aquifer management agendas destined to inevitable discordagendas destined to inevitable discord