Water Rights - Law, Guns and Money - Why is water so dang complicated? We are going to explain it drop by drop. You gotta start slow or it's overwhelming. We'll explore the early history, evolution of water rights, farmers versus cities, interstate squabb
Donate to Water Rights: Laws, Guns, & Money
Risks beyond diminishing the supply of water· Remaining water unsafe or undrinkable· Saltwater intrusionSubsidence· Cracks in the earth· Moving an entire city because it is sinkingSupport the show
Great report from the New York Times· Reflecting from 1800 to 1950· Endless bounty of all resourcesRain and snow· Rain refills aquifers in east· Snowmelt feeds western riversThirsty farms and growing urban areas tap aquifers· Overused and under regulated· Overuse causes subsidence which reduces aquifer capacitySupport the show
Points of Agreement· Current operations not working· Next set of rules should be interimWhere they disagree· Upper Basin says Lower Basin exceeding allocations· Lower Basin wants to include all upstream reservoirsSupport the show
Strange things happen· Metropolitan Water District of Southern California· Imperial Irrigation DistrictRole reversals· Jeffrey Kightlinger now advising Imperial· Imperial suddenly in mood to collaborate rather than demandSupport the show
Kickbacks or other forms of favors· Not at State employee level· Maybe elected officialsSuch a sweet deal given to Fondomonte· Low price on land rental· All the water you can possibly use for freePublic employees encourage monitoring water use· Nixed or ignored at the elected level· Does this stink to you?Support the show
A British newspaper reports on our drought· Alfalfa is king· Powell and Mead have risen to 36% of capacity from 28%Our country is disconnected from food supply· Forage crops can be converted to save water· Farmers love alfalfa: it's reliable with a steady demandNeed for alternatives· Rotational crops· Possibly hydroponicsSupport the show
Jennifer Gimbel· Extensive and impressive experience· Shares thoughts and ideasDiscussion of Five Ideas· Easier processes for farmers to sell saved water· 1041 Regulations impacts and benefits to local citizens· Strong agreement on Two Forks Reservoir· Stop discouraging buy and dry· Create special zones for buy and drySupport the show
Ocean desalination plant being discussed· Where's the ocean?· Straw into the northern tip of the Gulf of MexicoEnvironmental and economic constraints· $5 billion is a low-ball estimate· Pipelines to cross national park and environmentally sensitive areasWould you bet on this project?Support the show
Arizona Big Media· Blatantly touting a vast resource of water in Arizona· Hub of data center and semiconductor plantsArizona officials waking up· No more housing developments in Phoenix proper· Some rural areas passing much needed groundwater lawsSupport the show
Leprino cheese factory in Greeley, Colorado· About 1000 AF a year of milk· Mile is 87% waterIs that water state water or private water?· Is this similar to diverted water that is not consumed?· What if milk sent out of state?Support the show
The kick the can legislature· Only 16 water bills this session· Like we need another studyState should step up to complex and sensitive water issues· Dan Beard – saying it like it is· Our problems are immediate, but others are direSupport the show
Farm Box Farms – containerized farmingEric Gostenki, VP of Sales· Produce 250 containerized farms per year and growing· Experimenting both with crops and conceptsJoaquin Gonzales, Director of Fodder· 1 container produces as much cattle fodder as 30 acres of irrigated ground· Containerized fodder uses less than 5% of irrigated acreageSupport the show
Happy until lawsuits filed· Abandonment of water rights· Potential expansion of usePrior appropriation provides path forward for dispute resolution· Times change farming practices and technology/manpower requirements· Society operates under reactive system· Only crisis prompts changeTechnical issues that affect water users· Free river water and how it is used· Transit losses and how measuredSupport the show
Meeting with Rob Graves at the Howling Cow Restaurant· Saving water – what is it and who can benefit?· Monitoring use of water is a problemOther questions about moving water· Water quality issues· Thornton and 1041 issuesElephant in the room· Buy and dry close in to the cities · Only the three Ds will stop farmers: Debt, Death and DivorceSupport the show
Bad omen for the Colorado water worldFive things to consider· Stop discouraging buy and dry· Do away with HB 1041· Pass bill to allow farmers to sell saved water· Resurrect Two Forks· Create a special zone for buy and drySupport the show
Tragedy of the commons· Referring to a public resource· Transaction costs are almost prohibitiveDisincentive to saving water· Demand management in real time· Can't fix what you don't knowCities' rights administered in a more lax mannerSupport the show
Martin Sarley, past river commissioner, Ian Ferrell, attorney· Importance of quantifying river conditions· Administer water per laws and court rulingsAs much an art form as a science· Different administrations depending on history and district· Goal to be same with real time dataSupport the show
More discussions with Evan Jeffries· Piping saves water simply by requiring less to transport· Leaving stubble from harvest keeps soil moisture higherHistory shows why most water is owned by farmers· Other issues affecting farmers· Farmers in CA & AZ benefited unfairly from Mead and PowelllSupport the show
Experiences of Evan Jeffries in Evergreen and Otis· Running cows in a regenerative process· Manages and advises ranchers on waterSome illegal water ponds protected for use for firefighting· 60 identified in Jefferson County· $300k to $500k per AF on Bear CreekSupport the show
Colorado River Basin talks with limited results· Six states agree· California holds outLawsuits are inevitable· Time consuming· Indian tribes left out againSupport the show
Bill Berg, Hydrogeologist with Marin and Wood Water Consultants· South Platte River augmentations more complicated than in San Luis Valley· Most augmentation plans used for out of priority wellsReplacement source· Must match time, place and amount of depletion· Water wells create a drawdown cone within the aquiferSupport the show
Relationship of water to economic output· Farming uses lots, contributes not so much· Cities use little, contribute a lot moreLegislature waking up to water problem· Centerpiece of new legislation· Presentation of my solutionsSupport the show
Support the show
Comparing other uses to reduction of hay fields· Curbing Kim Kardashian's use of water· Eliminating coal-fired power plants· Not even close to providing water to restoring Colorado RiverKing Alfalfa is the real culprit· Consumes more than all cities in the Basin· $400 billion has been approved to buy, lease or loan water to the RiverSupport the show
Shipping container gro pods· Suppliers producing more sealed grow units· Use
Cheyenne, Casper, Gillette, Laramie – the big cities· East side of State· Not using Colorado River waterFlaming Gorge reservoir draw downs Farming, fishing and few water consumers· Potential U.S. Congressional actionSupport the show
Through alfalfa, water being sent to Saudi Arabia· Alfalfa farms clearly sucking potable water from cities' supplies· Middle East countries prevent using water for low value cropsAnd what are we doing?· Arizona allows unlimited pumping in most locations· How much time left before Arizona runs out of waterSupport the show
Heavy reliance on groundwater· Case study on running out of water· State should track water useAlbuquerque's water supply· Depends on Colorado River water for recharge and direct use· Impact of cutting back on Colorado River waterSupport the show
What are sources of Arizona water?· Groundwater· Native rivers· Central Arizona ProjectLegislation authorized of Central Arizona Project in 1968· Completed in 1994· Serves interior of ArizonaArizona's share of river is 2.8 MAF· Cities get 1.5 MAF through CAP· Remainder for agriculture· Cuts in 1922 Compact will hurt allSupport the show
Precipitation amounts· Great Basin drains toward Great Salt Lake· Colorado River watershedTotal Use of water · Agricultural use· Municipal useReserved water rights· Indian claims· Other reserved rightsSupport the show
Indians may have right to 25% of Colorado River water· Water rights in the Grand Canyon· Other Indian water rightsWater rights came with establishment of reservations· Better to sue or negotiate?· In any case, wait is so long as to maybe never come· Moral obligation to supply Indian waterSupport the show
Bureau of Reclamation steps in· Largest cut to Arizona· Not enough cuts to trim deficits in Mead and PowellCalifornia is the largest user· Most goes to Imperial Valley Irrigation District· Some of Metropolitan Water District· With 19 million customers, MWD will need moreSupport the show
1041 Regulations upheld· What is in State's interest· Thornton in a bindColorado Water Conservation Board· Updated state water plan· Call for public inputColorado River problems· Impact on 7 states and Mexico· Covered in future episodes Support the show
Changes needed in Colorado water law· Speculation· Statistics support changeColorado water owned by the Public?· Past huge government investments· Should government simply give away rights?Support the show
Equal time to agricultural interest· Don Schwindt, farmer near Cortez, Colorado· Dan Keppen, Family Farm Alliance presidentUpcoming negotiations on guidelines for Colorado River Compact operations· New interim guidelines coming in 2026· Ag communities want to play a major roleSupport the show
Components of NISP· Glade reservoir· Galeton reservoir Operate in tandem· Projected yield from project· Physical sizes and water quality considerationsSupport the show
Greg Dewey, NCWCD Project Manager/Water Resources Engineer· Permitting for 18 years· History of Poudre and projectPoudre designated as Wild and Scenic· Proposals for 3 on-stream reservoirs dropped· Reservoir water rights transferred to off-stream GladeSupport the show
Stan Linker, manager of Central Weld County Water District· How rural districts were formed· Take Advantage of clean water in the CBT systemRaw water sources and costs· CBT, Windy Gap· Prices skyrocketed in 10 years· Other sources of waterSupport the show (https://www.buymeacoffee.com/tommyraye)
A land use regulation· Initially State oversight protections· State quit funding oversightEagle and Larimer Counties use of 1041· Seems to be blackmail· State oversight should returnSupport the show (https://www.buymeacoffee.com/tommyraye)
Saving water· Anyway to incentivize farmers?· HB 1121 – cash for grassColorado Sun reporter Trish Zornio· Asking hard questions· Same old calculus doesn't work anymore Support the show (https://www.buymeacoffee.com/tommyraye)
Following up with the teaser· Private condemnation· ExchangesWater Court and marketing water· Ditches interfering with sale of private property rights· Agricultural Water Protection Water Right· Should be expandedOut of priority diversions· Augmentation plans· Onus on applicantSupport the show (https://www.buymeacoffee.com/tommyraye)
Ways to establish water rights· Other states mainly a permitting system· Colorado uses a court systemComposition of water court and duties· Seven courts corresponding to seven water basins· Steps to obtain a water right or change in use of a water rightSupport the show (https://www.buymeacoffee.com/tommyraye)
Times of drought· Worst in 1200 years· Temperature affect drynessSaving Water· At least three ways· No incentives to saveSupport the show (https://www.buymeacoffee.com/tommyraye)
Relook at the 1923 South Platte River Compact· Upper and Lower Sections of South Platte River· Nebraska seems intent on moving forwardAnti-speculation bill's impact on water prices· Two views on strengthening laws· How to create more water supply in a water short areaTalk to your legislator Support the show (https://www.buymeacoffee.com/tommyraye)
Prices of water· Farmers 401K plans?· Supply and demand at work· Farmers seem to want investors in the marketWater rights trades under the radar· Transparency needed in water sales· Farmers can't afford water for farmingDemocracy and capitalism Support the show (https://www.buymeacoffee.com/tommyraye)
Continuing with James Eklund· Case Laws· Encourage Ag in Colorado· Midde GroundCities want no middle men· Ag producers want an open market· More important issues should be discussedSupport the show (https://www.buymeacoffee.com/tommyraye)
James Eklund – water attorney, past director of Colorado Water Conservation Board· Definition of anti-speculation· Meant to prevent hoarding of water by appropriation· Water cannot be shared like airAnti-speculation is on “bill paper”· Itch to be scratched is prohibition of outsiders profiting· Cities trying to monopolize water market· Dangerous policySupport the show (https://www.buymeacoffee.com/tommyraye)
Nebraska governor announces big plans· Wants to assure continued water into Nebraska· Build diversions inside Colorado to take waterColorado has plans for more South Platte River water· What happens now?· Lawsuits expectedSupport the show (https://www.buymeacoffee.com/tommyraye)
Alexandra Davis – Aurora Water Department· Water rights as a commodity· Speculation drives up prices· Fear of out-of-state salesAg water rights sales creates fears· Issues between selling farmers and local community· Reasons for the decline of small townsSupport the show (https://www.buymeacoffee.com/tommyraye)
Water – the great dissolver or great conveyor?· Conveyance of waste· Creation of the Clean Water ActProperties of water· Seawater vs fresh water· Silly facts for funSupport the show (https://www.buymeacoffee.com/tommyraye)