Follow the Water – 4 - Utah – Incidents and Accidents, Threats and Allegations

 

The frantic cry we always hear in the water business is that there is too much ‘paper’ water out there and not enough ‘wet’ water.  That means that there are more prescribed Water Rights than there is actual water for people to use.  That is ideally rectified by the priority system of ‘first in time first in right’ where if you have a senior right you get your water and if you have a later priority date, or junior right, you are out of luck.  That theoretically takes care of drought and Climate Change or long-term drought as the deniers like to call it.  But does it really?  Utah gets about 50 million acre-feet of precipitation from the sky each year, the question is what do we wan to do with it.

When it hits the fan, it is better to be at the top of the ditch with a municipal right and a shovel than anything else.  When push comes to shove, water for people or municipal water usually takes precedence, as it should, and then comes agricultural water and finally industrial uses.  And when ground water runs out you just dig a deeper well and get a bigger pump.  Priority problem solved?  And what about all the billions of dollars the State has paid for the Central Utah Project (CUP) infrastructure to bring Colorado River water from the Uinta mountains to the Wasatch front, or for that matter, the billions they want to spend bringing water from Lake Powell to Saint George, when both those uses have a later, or junior priority date. 

Now that all the free water has been distributed for our mutual beneficial use, and water is more of a commodity to be bought and sold, how do priority dates change with the change of use and location.  Water Rights with early or senior priority dates are much more valuable because they are much less likely to be shut off in a drought.  Is that maximizing beneficial use and fair to all concerned?  Water is also supposed to be distributed by The State Engineer, Teresa Wilhelmsen PE and her Division of Water Rights, for the most beneficial use with respect to the Public Welfare, natural stream riparian environment and recreational opportunities.  That is harder to define than drought or Climate Change.

But our biggest issue now is the vanishing amount of water in the Great Salt Lake and the Colorado River.  Inflow into the lake has been shrinking since Bringham Young took his first drink and upstream use has exploded.  In the 60’s they feared the lake was declining so fast that it would all but disappear.  In the 80’s, during the last bonanza snowpacks before Climate Change kicked in, the lake grew to historical levels flooding railroads, highways, farms and fields.  The Union Pacific railroad told our Governor Norman Bangerter to get control of his lake, or they would leave.  So, Norm ordered some pumps the size of my house and pumped the lake out in the west desert to evaporate.  Problem solved?  But then Climate Change and long-term drought kicked in as snowpack runoff supply decreased, and upstream demand increased.  You can imagine what that does to the price of water. The lake shrank and toxic dust from the exposed lakebed began to blow into Salt Lake and our little Vatican City.  That is bad for Public Welfare. 

Unfortunately, keeping water in a stream or lake for fish, or aesthetics, the environment or just for the fun of it does not constitute a beneficial use so dedicating water to the lake is tricky.  The State Engineer could theoretically give every upstream Water Right holder a 10-20 percent ‘haircut’ on their water right and put that water into the lake but that would be political suicide, and Teresa wants to keep her job.  It would be hard to identify all that saved water all the way to the lake when junior Water Right holders would love to use it, even with the haircut. 

Friends of the lake are suing the state saying that it is not in the best Public Welfare to dry up the lake and create toxic dust storms.  They might have a point since the Friends of Mono Lake sued California for drying up their lake and won on the Public Welfare argument.  But what the State of Utah decided to do, in their infinite wisdom and generosity, is develop funding mechanisms to pay people for their water and let it run to the lake. They would need about 8-million-acre feet* to stabilize the lake at a good level and it started to snow again the next winter, so they have put that project on the back burner.   Tragedy narrowly averted.  Until his year when the drought returned.

The Colorado River is a different story, but the same. There is not enough water.  Or it is being used for the wrong things.  Or they don’t accurately model the conjunctive effect of the depleted groundwater on surface water flows.  The River was divided on paper among all the contiguous states when it supposedly ran 17 million acer feet a year, but then they found it only runs 13.  Recently it has been running 10 and lately only 5-million-acre feet a year.  Utah gets about 10% of whatever it flows and although we do not use all our share yet, there is already much more paper Water Rights allocated for its use, not to mention what we might owe to the Native Americans who have the first priority date of 10,000 years BC. 

The states are now fighting, suing and renegotiating their paper agreements on an ever-decreasing pool of wet water.  There is an exaggerated farmer mentality going on where they each want to use it before they lose it and put it to beneficial use before the next guy.  Things like the Lake Powell Pipeline to Saint George. That will physically make it harder for them to take it away.  So, stay tuned while the paper water, that no one can drink, catches up to the wet water, that no one can afford, for the benefit of all.  In the meantime, keep conserving, eat less meat and play less golf, grow a brown lawn and stop burning stuff. 

 

 

*An acre-foot is one acre (43,560 sqft) or approximately a football field, covered in one foot of water.  That is about 326,000 gallons or enough for 2-4 families per year, depending on the family and year.