Scott River Water Trust 

April 27, 2007

The Scott River Water Trust is a solution in search of funding. The problem is: during late summer and early fall, low water levels in some streams limit the amount of rearing and spawning habitat available for anadromous fish, (coho and Chinook salmon and steelhead trout.) An answer is: to raise water levels to accomplish specific flow targets that will increase habitat when needed for critical stages of fish life. The approach is: to solicit voluntary temporary dedication of water to the stream in exchange for a fair compensation at least equal to the value of the water had it been applied to the land.  

We now understand much better how fish use the Scott River watershed during their different life stages. For instance, we know that the fish need 25-30 c.f.s. (cubic feet per second) of fall flows at the USGS gage to travel up the canyon to spawning areas in the valley. We know that a total flow of around 17 c.f.s. is needed at French Creek and at Shackleford Creek for connectivity with the mainstem Scott River . In most cases, it takes anywhere from and additional .5-2 c.f.s. in specific reaches from July to the end of the irrigation season in October, (or when the rains come,) to meet targeted flows for rearing and spawning.   

Scott River water use rights are governed by a formal adjudication (Siskiyou County Superior Court) establishing volumes and priorities of surface water and associated groundwater use in various reaches throughout the system. A legal analysis has been completed for the Trust concept working with the adjudication to create a decision tree which asks such questions as: Does the stream provide habitat? Are there sufficient natural flows to meet targets? Are there willing participants? Can they demonstrate the recent use of water? Are there concerns that non-participants can use any water dedicated under their adjudicated right? These questions will help determine the best candidates for the program.

Although some of the adjudicated rights are riparian and cannot be lost from non-use, many are early appropriative rights that date back as far as the gold rush era. Such rights can be lost from nonuse - claimed by another diverter after five years (statute of limitations.) Since it has been almost impossible to get a permanent dedication of water through the legal process, the Water Trust proposes to use “forbearance contracts” that run from one to three years. Most will take the form of a split season lease, allowing the participant to soak with flood irrigation in the plentiful months from April through June, with cessation of all irrigation as of July or after the second pasture cutting. (Alfalfa and pasture are perennial crops with seven and twenty year productivity spans respectively.  This may have some long term impacts on the productivity of the crop.) Stockwater diversions run all year round. Ranchers could find alternative sources of water during critical periods under forbearance agreements.

An economic study is being completed by WestWater Research on the economic valuation of agriculture water in Scott Valley for crops and livestock. The study will also examine appropriate funding sources from a special district to grants or an endowment fund that will provide sustainable funding for the Trust. For instance, it is estimate that a $2 million endowment would yield approximately $80-100,000 in interest. This might secure an additional 7-9 c.f.s. in the tributaries from forebearance agreements on irrigation of marginal pasture and stockwater diversions. (The cost of forbearance on alfalfa crops would be considerably more as a higher valued crop.) Single year contracts would vary according to the type of water year and consequential value of that year’s water to the fish. Multiple year forbearance agreements would most likely be based on an average water year.

The sooner a source of funding steps forward, the sooner this fair win/win solution can be  implemented.     

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Source:  http://users.sisqtel.net/armstrng/opinion042707.htm