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I daho Water Resources Research I nstitute Water Resources Seminar - - PowerPoint PPT Presentation

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


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Implementing Private Managed Aquifer

I daho Water Resources Research I nstitute Water Resources Seminar

David R. Tuthill, Jr., Ph.D., P.E.

November 1, 2016

Managed Aquifer Recharge in Idaho

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Outline

 Managed Aquifer Recharge (MAR) in

Idaho – evolving rapidly

 Need  

 Need  Structure and Laws  Future

Necessity is the mother of invention…

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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. Lower Granite Dam 5. 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!

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EASTERN SNAKE RIVER PLAIN

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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

  • f cfs, representing opportunity for

upstream MAR.

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The median 1980-2012 natural flow at Milner Dam is 964,097 acre- feet annually

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In Idaho the aquifers are connected to the surface water systems

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THE TOP OF THE AQUIFER REFLECTED AT 1000 SPRINGS

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Some groundwater users in the Eastern Snake Plain Aquifer faced curtailment even in average water year 2016

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So…. What is a solution?

 To the extent there is an available

water supply, implement

water supply, implement Managed Aquifer Recharge (MAR)

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Historic Structure of MAR in Idaho

State of Idaho MAR Private MAR

  • Dates back to the 1800s
  • Storage water sometimes used
  • Present water rights
  • 38 Decrees or Licenses
  • 22 Permits
  • 9 Applications
  • Can provide mitigation credit

for individuals

  • Dates back to the 1980s
  • Storage water not used
  • Present water rights
  • 1 Decree
  • 2 Permits
  • 8 Applications
  • Provides credit to the aquifer –

not for individuals

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Proposed Structure of Managed Aquifer Recharge

Irrigation Districts, Canal Companies,

Private Development

Public-Private Partnerships

Canal Companies, Municipalities

Local, State, Tribal and Federal Government Development Company

  • Expertise
  • Funding
  • Techniques
  • Administration
  • Initiative
  • Expertise
  • Facilities
  • Storage Water
  • Regulatory

preferences

  • Expertise
  • Regulations
  • Oversight
  • Funding
  • Enforcement
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Article available at idahowaterengineering.com and at rechargedevelopment.com

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Legal Concepts for Managed Aquifer Recharge

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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”

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Three articles available at idahowaterengineering.com and at rechargedevelopment.com

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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

approved mitigation plan.

   Credit for gw recharge is allowed under an

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

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Are Idaho’s Laws sufficient to implement Private MAR?

 Our legal team says yes:

 Phil Rassier (lead Deputy AG for IDWR for

  • ver 30 years) (RDC Director)

 

  • ver 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

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The Future of Private MAR in Idaho

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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

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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

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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

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February 22, 2016 Idaho Falls, Idaho

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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

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Symposium

 Great Response  Almost 100 Onsite  Webinar

     

     Webinar

 ID  MT  WA  OK  NV  CA

 Recorded Talks  Media Interest

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www.rechargedevelopment.com

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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

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Aquifer Recharge Unit (ARU) Aquifer Recharge Unit (ARU)

An ARU represents one acre-foot

  • f space in the aquifer equivalent

to one acre-foot of space in a surface reservoir.

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ARU

The recharge event results in usable storage credits through access to ARUs.

MAR

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Natural Flow (Water Right) Storage (ARU)

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Canal company

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Upper Snake Storage Reservoirs

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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.

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Thank you.