Testimony of David L. Pope - Laserfiche WebLink

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http : / /resourcescommittee.house.gov/ 107cong /water /2002mar 19 /pope.htm • .Storage of Arkansas River water rights presently used for irrigation, facilitated by a new Colorado water banking statute and proposed rules. The water bank proposal has the potential for expanded use of pre- compact water rights by allowing increased diversion and reducing the return flow from these rights. • •Storage, by exchange, of water identified as trans- mountain irrigation return flows into Pueblo Reservoir. These exchanges would facilitate the storage of Arkansas River flows that are a part of Kansas' current water supply. Both of these potential storage sources would hold water higher in the river system, reducing flows to the state line. The proposed legislation would facilitate these changes in operation immediately within existing storage capacity. If Pueblo Reservoir were ultimately enlarged, this practice would be expanded. Colorado has relied on the existence of trans - mountain water in the system to partially offset the impacts of post- compact well pumping. However, the quantities of trans - mountain return flows were never sufficient to fully offset the well effects. Compact violations have been continuous. These compact violations are the subject of the current litigation, and the US. Supreme Court has found that violations have occurred. Storage of additional water in Pueblo Reservoir by exchange would worsen the current situation. The Supreme Court currently is considering the remedies for Colorado's violations of the Arkansas River Compact in the reach from Pueblo Dam to the Kansas state line. The state of Kansas has serious concerns about whether the proposed changes in operations and additional storage can-be accomplished without additional violations of the Arkansas River Compact. The compact says: "This Compact is not intended to impede or prevent future beneficial development of the Arkansas River basin in Colorado and Kansas...which may involve construction of dams, reservoirs and other works for the purposes of water utilization or control, as well as the improved or prolonged functioning of existing works; Provided, That the waters of the Arkansas River...shall not be materially depleted in usable quantity or availability for use to the water users in Colorado and Kansas under this Compact by such future developments or construction." The Special Master appointed by the court concluded that the compact apportioned the waters of the Arkansas River, as well as the conservation benefits associated with John Martin Reservoir: "The Compact was intended to and does apply to all waters originating in the natural drainage basin of the Arkansas River and its tributaries upstream of the state line. This includes return flows from the use of such water, and to tributary groundwater." The Special Master. concluded, "The Compact is intended to protect such usable flows from material depletion caused by any increased consumptive use..." The proposed legislation contains no meaningful safeguards to ensure compact compliance. Kansas has not been consulted in drafting the provisions, and we have no other forum but Congress. Additional storage in Pueblo Reservoir will be derived either from the native Arkansas River Basin supplies or from imports of Colorado River Basin water. In either case, enlarged use and consumption of water will occur unless limitations are put in place to prevent expanded use from either source. The legislation appears to address potential for expanded use of Colorado River Basin supplies, but no such protection is provided for Kansas' Arkansas River Basin supplies. Water Quality Water quality is a serious concern to Kansas. The Arkansas River is of high quality near its headwaters -- but degrades as the water flows from the Rocky Mountains to the state line. The use and reuse of water in Colorado increases the concentration of natural constituents and degrades the quality of the water. Water quality from the river and adjacent alluvium in Kansas is so poor that municipalities along the river must use special treatment methods to make it fit for public water supply. The proposed legislation could further degrade water quality of the Arkansas River at the state line. Recent studies show the water quality Kansas receives from Colorado has deteriorated over time. 3 of 4 3/20/02 10:19 AM