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By John Freemuth
for Headwaters News

The persistent drought in much of the Intermountain West, including Idaho, was one of the key reasons that the The Cecil Andrus Center decided to convene its "Troubled Water: Exploring Solutions for the Western Water Crisis" conference in April.

The international conference had several goals.

First, it sought to bring together experts, officials and activities of various persuasions to address the question of water and its uses in the western United States.

While the ongoing drought and its management was a central concern, attendees were also presented with discussions and a hard-hitting, role-playing scenario that entered into related topics such as the changing patterns of use and ownership of water, demographic developments in the West, the need for new dams and litigation concerns.

Second, the conference sought to explore international water issues, as drought is a persistent phenomenon that occurs worldwide.

Most Americans are not familiar with water-access problems that much of the rest of the world experiences. How and under what conditions that water is made accessible led to spirited discussion.

Water's increasing definition as a commodity, both internationally and in the Western United States, also played into these discussions.

Southern Idaho is home to a huge source of water, the Snake River Plain aquifer.

Over time Idahoans have learned that ground water and surface uses of water affect each other.

Water "calls" were in the process of being made in several places, where surface water users were challenging ground water pumping because it was affecting their ability to use the water allocated to them.

Within that issue was the further paradox that increased water efficiencies (less surface water used for irrigation) had led to smaller groundwater recharge.

Another, and inter-related reason that influenced the Andrus Center's decision to host the two-day conference, was the recently approved settlement agreement between the state of Idaho and the Nez Perce tribe over the tribe's water claims on water in the Snake River and its tributaries.

This agreement, although contentious and having some of the contours of a gun-to-the head collaboration, was nonetheless seen as offering a model for future collaboration over water.

While the agreement was celebrated during the conference, it was also clear that the uncertainty over any court decision on the issue was too much to risk, hence the gun to the head metaphor.


... "it's time those of us in this room and other rooms do a good job that we brag about BEFORE we are forced to. If we do that, we're going to relieve a lot of heartburn, and some lawyers won't make as quite much money, but we'll move along a lot faster than we've been moving."

  Cecil Andrus


Dr. Richard Meganck, the director of UNESCO's Institute for Water Education in the Netherlands, opened the conference with a global perspective.

He told attendees that the key international water problem was the geographical distribution of the resource in relation to population and when people could gain access to water.

Meganck said there are more than 1 billion people worldwide who don't have enough supplies of water; 90 percent of whom live in Asia and Africa. These numbers are true for both drinking water and that needed for sanitary uses.

He said transboundary water management, water pricing and water as a human right were other key issues.

He concluded that there was a crisis of management resulting form "bad institutions, bad governance, bad incentives and bad allocation of resources."

An international panel illustrated a major conflict in how water is increasingly viewed throughout the world. Maude Barlow, chairperson of the Council of Canadians, put the conflict in stark terms.

She spoke in terms of two divergent views: one that looked at water as a commodity, where it "should be put on the open market for sale and should be priced."

Entities said to favor this approach are the World Bank, large companies like Suez North America, Coca-Cola and Pepsi, as well countries that host those corporations, primarily in Europe.

The other view considers water as a right, belonging to no one, a "fundamental human right."

In a fortuitous pairing, Barlow's presentation was followed by one by Patrick Cairo, vice president of Suez North America, which among other ventures is the parent company of United Water, who supplies much of the water to urban Boise users.

Cairo defended Suez, asserting that the company had to follow host country rules. Using Buenos Aires as an example of how Suez had improved the supply and quality of water to the city, Cairo said that the company had connected over 3 million new water users over the past seven years.

He called for outright aid, rather than loans, to improve the situation in poorer regions of the world where cross-subsidy rates were not possible.

The afternoon of the conference's first day began with a panel of well-known individuals who were asked to think about the West and its water, or as Marc Reisner once framed it, "the West has a desert heart."

Panelists revealed both the disagreements one might expect from such diverse backgrounds, i.e. state and local water agencies, conservation groups, and for-profit water companies, yet also appeared to leave room for an agreement that they needed to work collectively to resolve common problems.

Some panelists thought that the solution to Western drought issues was the creation of more storage capacity.
Clearly, all agreed that previous storage had allowed much of the West to weather the current drought better than otherwise possible.

Panelist Commissioner of Reclamation John Keys and others suggested that in some cases in some basins, more storage was needed.

Others, such as Mike Clark of Trout Unlimited, focused on better water management; while still others like former Solicitor John Leshy pointed out that newer concerns over endangered species added further complexity to water issues.
Leshy also reminded attendees that the cost of new storage projects would be huge, and that perhaps market mechanisms might allocate water more cheaply.

Keys suggested that if projects were built, the era of federal money paying for the construction was well over.

To others, the growing urbanization of the west led to concern over adverse effects on traditional agriculture.

Creative solutions also received much discussion, including

(1) paying farmers for their water and having them continue to farm, except in drought conditions where the water would be reallocated to urban needs;

(2) expanding the re-use of water; and

(3) water metering.


Idaho's U.S. Sen. Mike Crapo presented conference attendees with a thoughtful history of the expanding role of the federal government in water through regulations, incentives, research and financial laws and policies.

Crapo is a strong believer that states' should take the lead role in managing water, but acknowledged that there would be a clear federal presence in future water discussions.

The senator suggested that solutions agreed to at a state level were better than those imposed by Congress at a national one.

This, of course, is a model that is increasingly invoked, at least in Idaho, where local members of Congress play roles more as facilitators or ratifiers of locally or regionally crafted agreements, such as Crapo is sponsoring with the Owyhee Initiative, a wide-scale land-management proposal developed collaboratively between ranchers, conservationists, county officials, recreation users, and other interested people.

The highlight of the conference was what we call the "Andrus Center Dialogue."

The dialogue enabled a distinguished group of panelists to play different roles in a scenario that assumed that the drought had continued unabated until 2015.

Panelists included John Keys; Kay Brothers, the Deputy General Manger of the Southern Nevada Water Authority; Pat Shea, a former director with the Bureau of Land Management; Bruce Newcomb, the Idaho Speaker of the House; Dan Keppen of the Family Farm Alliance; John Leshy; Karl Dreher, Director of the Idaho Department of Water Resources; Pat Ford, Executive Director of Save the Salmon; Jim Waldo, who helped former Washington Gov. Gary Locke on numerous water issues; John Echohawk, the Executive Director of the Native American Rights Fund; and Michael Bogart, a key negotiator in the Nez Perce agreement in Idaho.

The discussion was fascinating. Not surprisingly, panelists were strong advocates of approaches that underpinned their own values and positions.

If there was one over-arching theme which emerged, however, it was what was stated by John Keys: "There is no single part of the water industry that can do it by itself. Everyone of us has to first honor the involvement that other parties have and then craft a solution so that we have the balance I talked about yesterday…"

It was up to Cecil Andrus to remind everyone though, that "it's time those of us in this room and other rooms do a good job that we brag about BEFORE we are forced to. If we do that, we're going to relieve a lot of heartburn, and some lawyers won't make as quite much money, but we'll move along a lot faster than we've been moving."

Therein lies the trick. Can we move towards what Keys and others have called cooperative conservation without the threat of a major ecological or legal crisis before us?

Editor's Note: A complete transcript of the conference as well as a conference white paper is now available online.


John Freemuth is a senior fellow at the Andrus Center for Public Policy in Boise, Idaho.
"I t's redundant to what the state's really requiring of us. We don’t really see a change."


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Analysis:
Western states ride water's changing tides

By Shellie Nelson, assistant editor
Headwaters News

June 22, 2005


The changing fortunes of water in the West ebb and flow with nature's bounty.

There's either too little rain falling from the sky or too much water raging down the rivers and creeks.

Western water can vary in purity from the salt-laden discharge water bursting up to the surface along with coalbed methane gas to the fast-disappearing crystal-clear aquifer water running far under the surface of the West.

Cities, towns and subdivisions are stretching along valley floors and up mountain hillsides, and are being built more and more where water supplies are less and less.

Federal and state officials have built dams and reservoirs to trap the water. They have stretched pipelines for miles over the desert, up and over mountain passes and even through mountains to move water from where it runs to where the population demands are.

As the resource grows more precious, the demand to quantify who owns what and how much, when their rights begin and end, and who gets first draw at the well grows, too.

As those water rights are determined, farmers are finding more cash in their water than in their crops and American Indian tribes are finding a new source of revenue in slaking the thirst of growing cities.

City officials grapple with the Western version of the chicken-or-egg argument when it comes to water and development.

Do they require revenue-producing subdivisions to come with their own water supply and perhaps drive the subdivisions to the next county or city?

Or do they allow all the rooftop revenue development they can and craft water solutions on the fly?

The years-long drought that gripped much of the West over the past several years has floated new concerns about Western water supplies to the top of the list of concerns for federal, state and local governments.

Every Legislature in the Rocky Mountain West addressed water this past legislative session.

Montana
lawmakers got serious and funneled $2 million to expedite adjudication of water rights in the state.


Colorado created nine roundtables charged with mediating Front Range cities' demands on Western Slope water resources.

Wyoming lawmakers earmarked $8.8 million for a pilot cloud-seeding program and said mining clouds for rain was considerably cheaper than building a new dam and reservoir.

Two water conservation measures died in committee in Nevada, one of which would have slowed the shipping of water from rural Nevada to Las Vegas.

In Idaho, lawmakers put their stamp of approval on a ground-breaking water rights settlement between the federal government and the Nez Perce tribe.

The drought did spur cities and counties to institute conservation efforts.

One of the most successful efforts was in Colorado, where Denver Water Co.'s 1.2 million customers cut back their water use and trimmed the water company's revenues by $24.2 million, requiring the company to raise rates.


Spring rains saved the seven member states of the Colorado River Water Compact from having the federal government weigh in on a drought-management plan for the 1922 water-allocation accord.

As the water level in Lake Powell crept up, Interior Secretary Gale Norton saw a lessening need for federal intervention.

The states aren't off the hook yet as new meetings on reallocating water are set to begin next month.

Whether or not the recent drought is over or continuing, it is a cyclical event that Western states can expect to experience on an irregular basis. And it is an aspect of water management that will always be a consideration.

But the true driving force for future water management decisions in the West will be development. Drought will inevitably come and go, but the communities that are here now and the communities that will be built in the future must have water.

Whether it comes from spring rains, winter snows, reservoirs, aquifers or pipelines, the residents of the New West and the Old West will expect water from their taps and in their rivers and reservoirs.

It will be up to state and local governments to provide the water those communities demand, and more and more it will be those local governments who will foot the bill.

Federal dollars for water development and delivery systems are drying up.


The reality of water in the West is that it's a moving target. Supplies will rise and fall, and demands will continue to grow.

Meeting that rising demand will require the cooperation and conservation efforts of everyone in the West, and thanks to the recent drought it appears those efforts are at least under way.

 
Mountain West Voices
Hear weekly stories from the Rocky Mountain West as gathered by Clay Scott

5/22/2013:  This Little Journey
5/8/2013:  Making Roots
5/1/2013:  Cancer in the Real World
4/24/2013:  Sheep Country
4/10/2013:  Shearing Sheep


Mountain West News is a program of the O'Connor Center for the Rocky Mountain West



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