Rising to the challenge  

Thoughtful response to climate change could spark
long-needed reforms in western water management  

By Sarah Bates
Western Progress
for Headwaters News
March 13, 2008

The mighty, tradition-bound edifice of western water policy faces unprecedented challenges. The dual forces of population growth and climate change in the arid Rocky Mountain West raise a specter of crisis, but also offer valuable opportunities to make changes that can carry us into a more sustainable future.

We are not lacking for good ideas. Perennial gatherings of water experts have spawned an impressive literature of water policy reform. As I described in a recent Perspectives column, proposals from the past several decades evidence a remarkable convergence of recommendations. Now, though, it's time to put those ideas into action through real change in state and federal water policies.

Last fall, the nonpartisan regional policy institute Western Progress convened leading water experts in Boulder , Colo. , to explore opportunities for meaningful water policy reform.

Their discussion spawned the Western Progress policy report "A New Western Water Agenda: Opportunities for Action in an Era of Growth and Climate Change, by Denise Fort and Lawrence MacDonnell.

The key recommendations emerging from this process highlight some encouraging areas of progress already underway, as well as areas in which public attention needs to focus:

Strengthen and expand water conservation and efficiency programs: Reducing the demand side of the equation is less expensive and environmentally damaging than seeking "new" water to satisfy growing populations. See the recently released grand jury report to the City of San Diego for a forceful argument in favor of permanent, far-reaching water conservation strategies. Already, consumers and utilities understand the long-term cost savings of more thrifty water use. We need policies and pricing incentives to encourage more widespread adoption and enforcement of such practices.

Integrate water planning with growth management and land use planning: For too long, we've decoupled decisions about land use and growth from water planning. States and local leaders are beginning to look at the broader consequences of growth, focusing particularly on the reliability of projected water supplies. I described some of these measures in a previous column in Headwaters News. The Colorado Legislature is currently considering H.B. 1141, which would ensure sustainable water for new development, an important first step in this direction.

Adopt integrated strategies at the federal level: Federal agencies, such as the U.S. Bureau of Reclamation and the Army Corps of Engineers, manage many of the important water facilities in the West. With support from new congressional guidance and funding, these agencies can play a positive role by facilitating cooperative water management aimed at improved efficiencies and more environmentally oriented flow regimes. The Western Governors' Association recommended such coordinated federal initiatives in its 2006 report, "Water Needs and Strategies for a Sustainable Future."

Improve the process for transferring water from agricultural to urban and environmental uses: With millions of acre-feet of the region's water now used in irrigated agriculture, transfers to urban uses are sure to continue. The processes for these transfers could be improved considerably, including provisions aimed at keeping farmlands in production and mitigating the negative impacts on agricultural communities. The Western Progress report highlights mitigation measures adopted in Colorado (see Colo. Rev. Stat. sections 37-92-305 (3), 37-92-305 (4.5) and 37-92-309) as a possible model for replication in other Rocky Mountain states .

Expand and enhance state instream flow programs: State programs vary a great deal in the level of protection they offer, but most focus on a single rate of flow to protect high-value fisheries. We urge broader approaches, including measures to enhance and restore a wider array of natural values in state waters. Organizations such as the Instream Flow Council provide important outreach and support for state agency and other officials seeking to restore natural flow regimes in western rivers.

Promote local watershed efforts: Local watershed restoration efforts have emerged throughout our region in recent years, frequently in response to water quality impairment. These institutions would be strengthened if states authorized the formation of appropriate local watershed districts or similar entities to integrate this work into statewide strategies. The Western Governors' Association 2004 water report mentioned above included recommendations favoring greater integration of watershed organizations in statewide water management.

Establish and strengthen statewide and local water trusts: Voluntary or nongovernmental groups have begun buying, leasing, and otherwise securing instream flow water rights. States should encourage these initiatives by allowing such entities to hold instream flow rights rather than require them to be given to the state.

Improve ground water management strategies: State management of ground water lags far behind the administration of surface water rights, yet much of the population growth in this region depends on unsustainable ground water supplies. States must improve their ground water management policies and seek opportunities to manage ground water and surface water conjunctively. See the 2007 Trout Unlimited report, "Gone to the Well Once Too Often" for a good overview of the relationship between ground water and rivers in the arid West.

Slowly, we are seeing a change in westerners' views toward water. A conservation ethic is emerging, and local leaders increasingly recognize the need to guide their communities toward a more sustainable future. Forward-looking water policies have long been advocated by progressives who trace their ideological lineage to John Wesley Powell and Gilbert White, but these proposals were stymied by the inherent conservatism of western water management.

The twin challenges of population growth and climate change force us to think sooner, rather than later, about the consequences of our choices. Today's public concern and willingness to act may offer an unprecedented opportunity to take the necessary steps to address our growing thirst while protecting the landscape and living rivers that sustain us.

Sarah Bates is the deputy director for policy and outreach in the Missoula office of Western Progress, a regional organization that develops and promotes progressive policy solutions for the Rocky Mountain West. She has written extensively on western water law and policy. 

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