I daho Water Resources Research I nstitute Water Resources Seminar Implementing Private Managed Aquifer Managed Aquifer Recharge in Idaho David R. Tuthill, Jr., Ph.D., P.E. November 1, 2016
Outline Managed Aquifer Recharge (MAR) in Idaho – evolving rapidly Need Need Structure and Laws Future Necessity is the mother of invention…
Gage 1. Near Porthill, ID 11,153,000 AF 2. Albeni Falls Dam 17,633,000 AF 3. Near Post Falls, ID 4,475,000 AF 4. Near Potlach, ID 190,000 AF 5. 5. Lower Granite Dam Lower Granite Dam 34,850,725 AF 6. Near Anatone, WA 25,281,000 AF 7. Near Rome, OR 686,000 AF 8. ID-UT State Line 770,000 AF Total = over 95MAF!
EASTERN SNAKE RIVER PLAIN
Shoshone Falls is located about 15 miles downstream from Milner Dam, where the Minimum Flow is defined to be 0 cfs. At times the flow at the falls is thousands of cfs, representing opportunity for upstream MAR.
The median 1980-2012 natural flow at Milner Dam is 964,097 acre- feet annually
In Idaho the aquifers are connected to the surface water systems
THE TOP OF THE AQUIFER REFLECTED AT 1000 SPRINGS
Some groundwater users in the Eastern Snake Plain Aquifer faced curtailment even in average water year 2016
So…. What is a solution? To the extent there is an available water supply, implement water supply, implement Managed Aquifer Recharge (MAR)
Historic Structure of MAR in Idaho State of Idaho Private MAR MAR • Dates back to the 1980s • Dates back to the 1800s • Storage water not used • Storage water sometimes used • Present water rights • Present water rights • 1 Decree • 38 Decrees or Licenses • 2 Permits • 22 Permits • 8 Applications • 9 Applications • Provides credit to the aquifer – • Can provide mitigation credit not for individuals for individuals
Proposed Structure of Managed Aquifer Recharge Public-Private Partnerships Irrigation Districts, Private Canal Companies, Canal Companies, Development Development Municipalities Company • Expertise Local, State, • Expertise • Facilities • Funding Tribal and Federal • Storage Water • Techniques Government • Regulatory • Administration preferences • Expertise • Initiative • Regulations • Oversight • Funding • Enforcement
Article available at idahowaterengineering.com and at rechargedevelopment.com
Legal Concepts for Managed Aquifer Recharge
In most western states the appropriation doctrine is used for the delivery of both surface water rights and ground water rights— “first in time is first in right”
Three articles available at idahowaterengineering.com and at rechargedevelopment.com
Idaho Department of Water Resources Guidance on Recharge Credit New appropriations have been routinely approved if mitigation is provided via gw recharge. Credit for gw recharge is allowed under an Credit for gw recharge is allowed under an approved mitigation plan. approved mitigation plan. “There is no provision in Idaho law that allows the Director to authorize, much less approve, mitigation credits for applications for new water rights or transfers of existing water rights that have not yet been filed.” https://www.idwr.idaho.gov/files/legal/orders/20120323_Final_Order_ Deny_Req_Mi_Credit.pdf
Are Idaho’s Laws sufficient to implement Private MAR? Our legal team says yes: Phil Rassier (lead Deputy AG for IDWR for over 30 years) (RDC Director) over 30 years) (RDC Director) Kent Foster (partner emeritus of Holden Kidwell in Idaho Falls, one of Idaho’s leading water lawyers for many years) (RDC Director) Rob Harris, Partner, Holden Kidwell, RDC Attorney
The Future of Private MAR in Idaho
Recharge Development Corporation Established in 2013 Office: Co-Located with Aberdeen Springfield Canal Company in Aberdeen, Springfield Canal Company in Aberdeen, ID Secured groundwater recharge water rights for Snake River Valley Irrigation District and Peoples Canal and Irrigation Company
Recharge Development Corporation (cont.) Present contracts include: Aberdeen Springfield Canal Company American Falls Aberdeen Ground Water District American Falls Aberdeen Ground Water District Jefferson Clark Ground Water District Idaho Department of Fish and Game Wilcox Brothers Shoshone Bannock Tribes Presently recharging water in the Upper Snake
Recharge Development Corporation (cont.) Co-Applicant for 200 cfs of recharge water Recently advertised and protested Sponsored 2016 Private Managed Aquifer Sponsored 2016 Private Managed Aquifer Symposium
February 22, 2016 Idaho Falls, Idaho
What were the purposes of this Private Managed Aquifer Recharge Symposium? Advance the public discourse related to Private Managed Aquifer Recharge (PMAR) (PMAR) Identify show-stoppers Identify opportunites Encourage PMAR discussions
Symposium Great Response Almost 100 Onsite Webinar Webinar ID MT WA OK NV CA Recorded Talks Media Interest
www.rechargedevelopment.com
Recharge Development Corporation (cont.) Patent Pending: Distributing Connected Surface and Groundwater Supplies By Utilizing Managed Groundwater Supplies By Utilizing Managed Aquifer Recharge Together With Accounting and Tracking Processes that Represent Virtual Storage Space in the Aquifer
Aquifer Recharge Unit (ARU) Aquifer Recharge Unit (ARU) An ARU represents one acre-foot of space in the aquifer equivalent to one acre-foot of space in a surface reservoir.
ARU MAR The recharge event results in usable storage credits through access to ARUs.
Storage (ARU) Natural Flow (Water Right)
Canal company
Upper Snake Storage Reservoirs
Summary Managed Aquifer Recharge (MAR) augments a basin’s water supply. In Idaho, as in some other western states, In Idaho, as in some other western states, we feel the law is sufficient to enable MAR today. State of Idaho MAR is for the good of the aquifer. Private MAR is for mitigation. A private system for tracking mitigation is presently being implemented in Idaho.
Thank you.
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