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January 20086, Notes to accompany presentations and posters 1 <br />Moving Toward Climate-Responsive Water Management -Short Summaries <br />John Wiener, J.D., Ph.D. <John.Wener@Colorado.edu> (tel. 303-492-6746) <br />BACKGROUND ON PROJECTS: The inquiry began with looking into actual as well as potential uses of weather <br />and climate information in water management. Working with an excellent team led by Dr. Charles Howe, in three <br />states and with some Tribes, we looked into timing of decisions so that forecasts can be as useful as possible, and <br />discovered a large set of requests for information, which we passed back to NOAA planners. Along with a large <br />range of potential applications of weather and climate information, in which a forecast could help inform a <br />decision, we also learned of some frustrations in Colorado. Here, we focused on small-scale water management, <br />working down the organizational hierarchy from the big federal agencies through the state to ditch companies and <br />individuals in agriculture-related businesses. One problem was the inability to quickly and cheaply transfer the use <br />of water. We heard many perspectives on the idea of "water banks", and dug into the academic literature. We also <br />heard a lot about what people feared could go wrong. We observed the Arkansas River Basin Water Bank Pilot <br />Project, to understand what went right and what went wrong, and what might help (such as enlisting Dr. Jeff Tranel <br />to devise a Water Lease Rate Calculator). That led to observation and commentary for the Statewide Water Supply <br />Initiative, and the Interbasin Compact and Basin Roundtable Process. Basically, we moved from "how can climate <br />information be used?" to "what are the obstacles to those uses?" The Drought centered on 2002 and water events <br />such as the leasing activity, establishment of the Lower Arkansas Valley Water Conservancy District, and the new <br />water laws have certainly changed the landscape! <br />In the later project, Dr. David Yates and I are asking, "What if we get new forms of water management?" The <br />Statewide Water Supply Initiative Phase 2 discussed the new forms of water transfers described here, and showed a <br />great deal of serious concern for reconsidering management, as has the South Platte Task Force in 2007. So, we are <br />pleased to informally report that so far we have been able to follow-up on some of the fears and concerns over <br />water leasing that we learned about between 1999 and 2002, and we think some can be "checked off" as problems <br />that are manageable. Some are problems which are far less adverse for the local farming and economy under the <br />new forms than the traditional "buy and dry" water sales. And some are just hard to judge - in particular, there are <br />problems for all of us in the lack of information about cumulative impacts. Work at present concerns review of <br />literature and interviewing on the effects of moving water from environments that are "hybrids" of "natural" and <br />human-influenced situations. It would help every known interest (except maybe some lawyers) to avoid cumulative <br />impact problems such as water quality total maximum daily load limits, or endangered species problems. These <br />seem to range from the expensive, messy, and inequitably injurious, to worse. We'd like to avoid those "train- <br />wrecks". Other remaining areas of concern include how to design best rotations for leasing, interruptible supply <br />and fallowing programs, or sale/partnership deals that accomplish the same goals; revegetation or best management <br />offormerly-irrigated lands; local government interests and relationships of land use and water planning; and ditch <br />company and multi-company self-organization for water transfers. <br />The next project will use modeling of agricultural water supply as the basis for thinking harder about what kinds of <br />contracts look good, and how to use collaborative processes to meet many interests, avoid problems, and allow <br />greater participation in support of conditions that people want. <br />So, we are working toward climate-responsive management: water arrangements that maintain productivity and <br />capacity, and can sustain resources, resource users, and the ability to adapt to what look like exciting times that <br />have already begun. The various written comments and materials from John Wiener are not the opinion of NOAA, <br />NCAR or the University of Colorado. Please inquire if you wish further information from these projects. <br />For review of other water banking and non-sale water transfer programs, the most comprehensive source, though <br />somewhat dated now, is Clifford, P., C. Landry, and A. Larsen-Hayden, 2004, Analysis of Water Banks in the <br />Western States. Washington State Department of Ecology, and WestWater Research; available from <br /><http://www.ecy.wa.gov/biblio/0411011> or Dept. of Ecology, Water Resources Program, Olympia, WA 98504- <br />7600. So far, no source has been found which addresses the limits of what can be done within a sale. For instance, <br />time-shares are common in real estate, with permanent division of rights to use of an asset, and such things are <br />common in assignment of rights to revenues and investment deals. Has such a thing been done with water? Are <br />there any sources or issues affecting creative forms of deals? Some kind of sale may be needed to meet demands <br />for permanence, but why can't it meet the other goals as well? <br />