SECTION B

Basin Water Planning Issues

Water Allocation

A basin water plan for the Bear River Basin should identify how existing water rights and priorities affect water availability. Existing uses should also be identified in order to assess the impacts of future development or water demands. To assist with this review, the group recommends examining existing water uses using the following perspectives:

a) Current water use benefits and impacts on basin economies, customs and cultures should be considered.

b) The plan should outline the restrictions and opportunities afforded by the Bear River Compact.

c) The plan should explain how current federal and state law affect basin water users. This should include a discussion of the Prior Appropriation Doctrine. This doctrine is recognized as the cornerstone of state water administration and as the foundation of Wyoming's water laws and the water planning process.

d) Storage opportunities and water conservation practices should be evaluated as methods to increase water availability.

e) Both in-channel and off-channel water storage opportunities should be examined. Projected costs, benefits and impacts to all interests, should be included as criteria.

Water Quality

The Wyoming Department of Environmental Quality (DEQ) is currently being compelled by a lawsuit to enforce sections of the Federal Clean Water Act. The planning process can help organize local citizens to evaluate alternate methods for meeting the standards of the Act. This is particularly important in that the Basin Advisory Group is very concerned over how the associated Total Maximum Daily Load or TMDL standards may affect current water use patterns in the basin. The Basin Advisory Group recommends strong interagency coordination and local citizen involvement in pursuit of solutions to water quality problems. It also recommends that the basin water plan should assist the DEQ by addressing the water quality impacts and benefits of the following uses:

a) Municipal uses including water/sewage treatment facilities and municipal runoff.

b) Agricultural uses including changes to flows, affects on shallow aquifers, wetlands and riverine habitats.

c) Industrial/Mining developments including flow substitution and discharge.

d) Land use changes and infrastructure developments ( subdivisions, roads, etc.).

e) Groundwater development.

f) Relationships between water flows and water quality.

g) Recreational activities.

Water quality standards and regulations are poorly understood. The plan should describe standards and laws that govern water quality within the basin. A description of historical water quality data, point and non-point sources and the influences of downstream state water quality standards should be provided. The plan should identify the agencies responsible for various aspects of water quality protection and enhancement.

The plan should discuss alternative solutions to water quality problems described in this section including agency programs, funding and opportunities for local involvement. In particular, the group believes the plan could describe how locally led and citizen-based programs can be used to address water quality problems.

Future Demands and Growth

The group recommends the plan address the impacts of future demands on water resources in the Basin. These increased demands may come from a variety of sources including industrial development, population growth or meeting the requirements of current federal laws such as the Clean Water Act, Endangered Species Act and Safe Water Drinking Act.

To adequately portray the impact of increasing future demands, the plan should examine current allocation patterns and existing water rights. Existing custom and culture may be influenced by growth and development resulting in changes to patterns of water use. The plan should predict the likely outcomes of this growth on existing water use sectors. There are existing pressures to remove agricultural land from production due to growth in residential developments. The subsequent effects of municipal water demands on water availability or water quality should be described.

Potential water shortages for agriculture, municipalities, mining and industry, fisheries and wildlife and recreation should be identified and evaluated. Opportunities and solutions to meet predicted shortages should be addressed in the plan. More efficient use of water through water conservation, water delivery, recycling and other practices should be described. Additionally, the availability of new technology that can be used to improve water availability should be examined.

The Basin Advisory Group believes an opportunity exists to improve water availability through additional water storage, particularly in the basin's Upper Division. The plan should describe potential sites, water availability, availability of lands for agricultural production and impacts and benefits to other users (fish and wildlife, recreation, municipalities, downstream states, etc.).

Groundwater resources that exist in the basin should be documented and reported. The group believes these resources may help to meet future demands. Availability, economics and water quality issues surrounding groundwater should be reported so future decisions on groundwater development can be based on good information.

The plan should serve a public education function as well as a tool for water planning. Future demands and growth require that the planning process facilitate wide public access to water information. This allows water users to educate themselves on water availability, allocations, and the benefits and impacts of changes in the status quo. Many of the other issues addressed throughout the group's recommendations can serve this purpose.

Future growth will have impacts on more than just water issues. Changes in land use will affect traditional uses and begin to affect other values within the basin. Issues such as preservation of open space, construction within established flood plains, degradation of riparian habitats and other attendant impacts should be noted in the plan.

Habitat, Wildlife and Fisheries

The Basin Advisory Group recommends that the plan examine the impacts and benefits of various water management activities. The plan should describe, where possible, the impacts and benefits to fish and wildlife habitat of existing water management practices for agriculture, industry, municipal and recreation purposes. The benefits and impacts of water storage projects on fish and wildlife habitats should also be described.

The group also recommends that the plan discuss the compatibility of consumptive and non- consumptive uses of water. This portion of the plan should compare current uses of water and seek compatible solutions to meet in-stream flow designations and minimum flow requirements of fish and wildlife populations. Options available to meet these requirements should be discussed, including construction of new storage facilities.

The plan should address listings for threatened and endangered species and probable impacts of federal environmental laws and regulations on existing water management practices. The group believes the plan should be proactive by offering potential solutions to protect species while recognizing existing uses and water rights.

The group recognized that projects developed to benefit a particular user group often have ancillary benefits to other users. As an example, a storage project designed to increase water availability for agriculture or municipal uses may have benefits for fish and wildlife and water related recreation. The plan should examine opportunities to cost share these projects that have multiple benefits to a variety of users.

Economics

The impacts of changes in water use patterns and solutions funding were viewed as the two main areas for water economics evaluation. For the plan to be an effective tool for decision makers and water users, it should contain an assessment of the overall economic impacts of the following:

a) Change in water use patterns due to future growth should receive economic evaluation.

b) The economic values of agricultural uses of water should be determined and reported.

c) The plan should document the costs and benefits of additional water storage and therefore, water availability.

d) The plan should compare the economic costs and benefits of applying new technologies and efficiency practices to improve water availability.

e) The economic values of changes in recreation and tourism related to water management practices should be evaluated.

f) The potential economic benefits of marketing water resources to other users should be evaluated within the plan. Interstate compact, state water law and state policy restrictions to marketing should also be identified.

The group recognized the benefits of improved water management practices that increase water availability and water quality. However, the costs of new technologies can be high and distributed unequally among beneficiaries. The group recommends the plan address this issue by examining the following funding solutions:

a) The plan should identify opportunities to create water conservation incentives through habitat credits, tax credits, reduced water costs and other solutions.

b) The plan should identify opportunities of creating industrial partnerships to improve water availability through use of produced water, coal bed methane water, and by meeting industrial needs with municipal waste water.

c) The plan should report a number of growth financing examples that have been used in other areas to pay for impacts to existing water users for both water quantity and water quality.

d) Opportunities for cost sharing of water projects or management practices with multiple benefits should be identified.

e) The plan should discuss possible rate structuring options for water users to pay for water management and water quality improvements.

f) The plan should examine a variety of tax structures available to better distribute the cost of improved water management and water quality.

g) The plan should examine how water marketing revenues could be used to fund a variety of water management and water quality improvement projects. Contractual obligations should be discussed particularly as it relates to meeting all water demands during drought years or other water emergencies.