Interstate Groundwater Agreements Utah Water Law Conference March 10, 2008

Interstate Groundwater AgreementsUtah Water Law Conference

March 10, 2008

What is Sustainability?

How do you measure recharge?

What is the function of gw storage?

NVUT

How do you divide it?

Groundwater Flow in Soil

• Recharge– Precipitation

– Runoff

– Return flow from irrigation

• Discharge

–Evapotranspiration

–Springs

–Underflow

–Wells

What is reasonable?

Safe Yield

• “Safe Yield” means the amount of groundwater that can be withdrawn from a groundwater basin over a period of time without exceeding the long-term recharge of the basin or unreasonably affecting the basin’s physical and chemical integrity. 73-5-15(1)(b)

Areas of Concern

with shared

aquifers

Utah/Nevada Water Right Negotiations

Snake Valley Negotiations are NOT

• Sale or conveyance of Utah Water to Nevada

• Utah approval for SNWA to pump wells

• Taking Utah water rights for Nevada

• Trade of water in Snake Valley for consideration elsewhere

• A subversive effort by government to disenfranchise citizens

Agreement (PL 108-424)

Prior to any transbasin diversion from ground-water basins located within both the state of Nevada and the State of Utah, the State of Nevada and the State of Utah shall reach an agreement regarding the division of water resources of those interstate ground-water flow system(s) from which water will be diverted and used by the project. The agreement shall allow for the maximum sustainable beneficial use of the water resources and protect existing water rights.

Agreement Concepts

• Opportunity to plan and work together on a solution• Agreement Elements

– Geographical Extent– Define Water Right Protection– Development Future in Both States– Sustainability– Sensitive Species Issues

Agreement Area Boundary

Fish Springs27,000 af

Gandy Springs12,000 af Twin Springs

2000 af

Big Springs24,000 af

Snake Valley Characteristics

Utah Nevada

Recharge 30% 70%

ET 70% 30%

Existing Rights 55,000 af 15,000 af

Agreement Process

• Hydrology and water resource features

• Existing uses and water rights

• Division methodology

• Assuring sustainability

• Avoiding other unacceptable consequences

In the end,there is only so much water.