Why a Record-Breaking Winter Doesn’t Solve Western Water Issues

Did this year’s record-breaking snowpack officially end the megadrought? (Spoiler alert: it did not.) What solutions exist to face the challenges of western water management?

 Animas River in Durango, Colorado flowing in May 2023

A Record-breaking Winter in Western US

It’s no secret that winter 2022/2023 was exceptionally snowy, and - quite literally - record-breaking in the western US. Throughout the winter we read news headlines that quickly progressed from “epic snow year” to “potentially record-shattering” and finally to “largest-ever snowpack”. These bold headlines in the media were validated by the US National Resource Conservation Service’s (NRCS) SNOTEL network, which revealed that  snow water equivalent (SWE) values sky-rocketed well above normal in nearly all western US basins. This positive outlook continues through late spring for southern states in the west — the snapshot from late May shows an above-normal snowpack for many basins in Oregon, Nevada, Utah, and Colorado.

Western US Snow Water Equivalent values are above normal for southern states in the West and below normal for northern states.

Digging Out From a Big Hole

This prodigious snowpack couldn’t have come at a more desperate time. Last summer, drought conditions across the western US reached all-time severity with numerous regions reaching D3 (Extreme) and D4 (Exceptional) drought stages. Many states experienced major losses to crops and pastures, and numerous water shortages and restrictions were put into place. With winter 2023 in the rear view mirror and summer just ahead, it’s difficult to imagine that, in just a few months’ time, much of the western US will return to a dry, drought-stricken landscape, but unfortunately, that’s the reality we face. Even a record-breaking snowpack cannot make up for numerous years of back-to-back drought conditions.

The tension created between the ongoing drought and this year’s snowfall demonstrates the challenges of western water management and how one good snow year can create an illusion of water security.

The Endless Winter Fights Back

While this extraordinary winter won’t completely erase the megadrought, the short-term drought outlook has improved significantly.  A drought summary posted by the National Drought Mitigation Center on May 23, 2023 shows a dramatic improvement for most of the western US over the last year, with most area’s drought classifications downgraded by one or more classes.

Changes in drought classifications across the US.

But as welcome as this improvement is, it’s going to take more than one good snow year to dig ourselves out from the deep hole we are in. Much of the US is still categorized as either D0 (Abnormally Dry) or D1 (Moderate Drought) with some select regions continuing to worsen, even after this winter. The following two images show recorded drought conditions almost exactly one year apart.

Drought conditions comparing May 2022 to May 2023.

The New and Fragile Normal for Water Supply

Water managers rely on forecasts to predict the volume of available water supply for the upcoming spring and summer months. Generally, a bigger snow year means a better forecast and more water availability. But total snowfall is only one piece of the water supply puzzle, and other factors, mainly brought about by a more volatile climate and our changing society, can create additional challenges.

Some of the challenges today’s water managers face include:

  • Higher overall demand for water and more consumptive uses brought about by population growth.

  • Difficulty with the management of the timing of runoff (earlier melting) – warmer-than-average spring temps and more dust-on-snow events (which expedites melting) are causing severe flooding and other adverse impacts. Overall, severe runoff is less beneficial for water supplies as it overwhelms water storage infrastructure and is difficult to capture (something stormwater experts are grappling with as they look to design infrastructure for a changing climate).  

  • Thirsty soils – already dry soils take up less water than saturated soils, leading to more runoff and less water supply capture.

  • Previously depleted groundwater resources and surface water reservoirs – “digging out of a hole”.

Water Managers Look to Variety of Strategies to Harness Retimed and Excess Water

These challenges, combined with a volatile climate, mean that one wet winter won’t be enough, and leave water managers facing a difficult task.

Fortunately, solutions such as water banking, watershed planning, and aquifer storage and recovery (ASR), can be deployed to combat these challenges and capitalize on the periods of excess runoff water. And thanks to the unprecedented volume of available funding opportunities for water sustainability, conservation, and efficiency projects, these solutions are becoming more widespread and are proving to have effective implementation.

Aspect is heavily involved in water banking, watershed planning, and ASR, helping western clients with short-term and long-term water supply projects. Additional detail about Aspect’s past and current involvement with these strategies can be found below:

Building the Biggest Water Bank in Washington State

In Spring 2021, the Washington State Department of Ecology (Ecology) started the public review process for the TransAlta water bank—at 28,000 acre-feet per year, the biggest water bank in the state to date. This is the first significant water bank for Southwestern Washington and came together through years of planning, working with Chehalis basin stakeholders, and extending the water rights life of a Chehalis River hydropower project. The trigger for this new water bank is TransAlta retiring its decades-old hydropower plant on the Skookumchuck River, thus freeing up tens of thousands acre-feet of water rights for the basin.

Water banks Add Life to Thirsty Watersheds

In water-scarce basins — even on the western/‘rainy’ side of Washington State -- water banks provide an innovative mechanism to reuse water rights; once water is no longer needed for its original purpose it can be made available to meet new needs.  Water banking involves a partnership between the holders of valid water right holders and Ecology.  While the water right holder controls how new uses are permitted, the State of Washington is responsible for determining the amount of water that will be preserved, and then protecting that water from other users. 

Tranalta water bank image.png

The TransAlta water banking process has proceeded through an Aspect-led permitting path that involves an exhaustive vetting of the historical water use, and the development of a new process to guide the reallocation of future uses.  Water rights that were issued for other purposes – such as industrial supply – are converted to instream flows purposes, and generally become available to mitigate new uses.

The TransAlta water bank solution is a textbook example of how pre-planning saved a significant block of valid water rights from relinquishment for non-use.  Water that had been allocated for a highly consumptive out-of-stream use will now be held in trust for instream flows, with select new uses being reallocated for new purposes under Ecology’s permitting process. The end result will be a combination of water that will remain instream, and new water right permits for new uses.

Tapping the Skookumchuck River to Boost Chehalis Basin’s Water Future

Stretches of the Skookumchuck River, like this one taken near the City of Centralia, will soon receive more water.

Stretches of the Skookumchuck River, like this one taken near the City of Centralia, will soon receive more water.

The TransAlta water bank is situated near Centralia, Washington, along the Skookumchuck River—a major tributary of the Chehalis River. For decades, TransAlta has used the waters of the Skookumchuck to produce coal-based electrical power; however, as the company began to make plans for a life after coal, it also had the foresight to make plans for its water rights, which represents more than 50 cubic-feet per second (that is 22,500 gallons per minute) and 28,000 acre-feet per year of out-of-stream uses.

TransAlta’s retired Unit 1 of its Centralia, Washington coal-fired power plant in 2020. Unit 2 is planned to close by the end of 2025

TransAlta’s retired Unit 1 of its Centralia, Washington coal-fired power plant in 2020. Unit 2 is planned to close by the end of 2025

According to TransAlta’s Water Bank Overview FAQ, this is “enough water to fill 14,000 Olympic-sized swimming pools or irrigate 14,000 acres of farmland.”

Seeding 28,000 Acre-Feet of Water for Fish and Agriculture in the Chehalis Basin

While the budding water bank is still in the early planning stages, several new water uses have already been identified. One deal involves making water available to the City of Centralia for its future needs and to provide a source of mitigation water to offset the impacts of future private wells throughout the watershed. TransAlta also envisions making water available for the basin’s expanding agricultural needs and ensuring leftover water remains instream to protect aquatic resources.


Water Bank Pioneering at the Washington and Canada Border: Interview with Oroville-Tonasket Irrigation District

Oroville-Tonasket Irrigation District (OTID), located in north-central Washington State, enjoys senior water supplies from its sources in Lake Osoyoos and the Okanagan River. However, the region has undergone droughts in recent years, resulting in curtailment for junior water rights. In order to make use of its currently available water right and help those without reliable water supply, OTID – with technical and regulatory support from Aspect - set up a water bank that can lease a portion of its unused water to interested customers in the Okanogan River basin, and downstream along the mainstem Columbia River.

Water banking is a relatively newer concept to Washington state and this is the first time this model has been tried in the Upper Columbia Basin, which reaches the Canadian border. In this interview with OTID Secretary-Manager Jay O’Brien and the national magazine Irrigation Leader, Jay speaks about the inspiration for the district’s water banking system, how it works, and how the same concept can benefit other irrigation districts across the region.

Read the article here: http://irrigationleadermagazine.com/

Water Banking Takes Center Stage in Washington State 2020 Legislative Agenda

The 2020 Washington State legislative session kicked off in January and the future of water rights and water banking in the state are taking center stage in the early legislative discussions. At least six prominent bills centering around the State’s “Trust Water Rights” program are being proposed. These bills range from advocating for incremental changes to fundamentally altering how water is permitted, including ideas to prevent or add new criteria for out-of-basin transfers; set up a new “community needs” test to form a water bank; prevent conservancy boards from working on water banks anymore; to charge money for setting up and running banks to cover State time.

Why is Water Banking a Hot Topic?

There’s been an increasing public spotlight in Washington State water permitting issues, including some recent worries that out-of-area speculation is influencing the water market. A reminder that in 2017, the entire $4 Billion state legislative session hinged on the resolution of the Hirst water rights negotiations. That 2017 legislation eventually led to the 2018 Streamflow Restoration Act, which manages over $300 million dollars in state funding to address water rights and supply challenges throughout the state’s watersheds to help habitat, agriculture, and communities over the next 15 years.

Current Water Rights Resources and Information

There’s a range of informed news and opinion resources on this complex topic of water rights and water banking, here are just a few recent ones to stay informed:

Learn More About Water Banking

Aspect is heavily involved in the water banking arena, helping clients with policy (with Washington State University on the Columbia Basin Long-Term Water Supply and Demand Forecast) setting up and running banks (e.g., Oroville-Tonasket Irrigation District (OTID) and the Bourne bank, among others), and helping connect buyers and sellers at the local level.

Contact Dan Haller or Tim Flynn to learn more.

Aspect Team to Present on Water Rights at Seattle Law Seminar November 20 and 21

At The Seminar Group’s November 20 and 21 forum on Washington state water rights, Aspect’s Dan Haller, Tyson Carlson, and Taylor Dayton will be presenting on a variety of features of Washington’s Water Code.

Dan Haller, Tyson Carlson, and Taylor Dayton will discuss a range of Washington State water rights topics at The Seminar Group’s November 20-21 forum.

As Program Co-Chair, Principal Engineer Dan Haller, alongside Jeffrey Kray from Marten Law PLLC, will introduce both Day One and Day Two sessions. Dan will also join a panel discussion on Day One — along with David Christensen with Ecology and Sara Mack of Tupper Mack Wells PLLC — covering current relinquishment law and legislative themes.

Also on Day One, Project Engineer Taylor Dayton ( Chelan County Conservancy Board member) joins David McClure, Executive Assistant of the Klickitat County Water Conservancy Board, to discuss the past, present, and future of water right transfers from the Conservancy Board perspective.

On Day Two, Senior Associate Hydrogeologist Tyson Carlson joins a panel discussion — with Ecology’s Trevor Hutton and Kittitas County Public Health’s Erin Moore — on Kittitas County’s groundbreaking water bank program.

The sessions will be at the Seattle Hilton and registration is still open.

Reducing Washington State Drought Impacts in the Okanogan River Basin

In both the northern reaches, high desert region, and even the Olympic Peninsula—literally one of the wettest places in the lower 48 states historically—summer 2019 is a serious drought year in Washington State. Earlier this spring, the governor declared a drought emergency, which was able to unlock emergency relief options and funding for 27 watersheds across the entire state. In the Methow, Okanogan, and upper Yakima River watersheds, it’s particularly bad. Based on current forecasting, the Okanogan is expected to be at 58 percent of normal, and curtailment notification letters have already been sent to local water users. However, this drastic forecast has prompted forward thinking. 

In partnership with the Washington State Department of Ecology (Ecology), the Oroville-Tonasket Irrigation District (OTID) has developed a “water bank” in the Okanogan River basin to help regional water users impacted by the drought. The water bank will be used to support instream flows and to assist “junior” water users during periods of curtailment. OTID is seeding the bank with two of its senior water rights. In 2018, Ecology, with assistance from Aspect, certified these water rights through the state’s Certified Water Right Examiner process. 

Ecology is working to complete the required permitting to place the water rights in the state’s Trust Water Right Program (TWRP) to create the water bank (read more about water banks on Ecology’s website). This water bank will be seeded with about 7,500 acre feet of water, which will be made available for drought relief. From this bank, eligible water users can “withdraw” water for both irrigation and municipal or domestic uses.

 More information can be found at the following website:

https://www.aspectconsulting.com/otidwaterbank

The State’s Longest-Running Water Rights Adjudication is Coming to an End

In 1977, James J. Acquavella’s name was listed first on the summons when Ecology filed a petition for an adjudication to determine the legality of all claims for surface water in the Yakima River Basin – birthing the Ecology v. James Acquvella, et al water rights case. Forty-two years and 2,500 claimants and interested parties later, it is coming to a close. Some takeaways for this milestone moment in Washington state water management are:

  • Starting in 1977, the Department of Ecology v. Acquavella adjudication is the longest-running general adjudication in state history, determining the validity and establishing priority of surface water claims in the Yakima Basin.

  • With the issuance of the Final Decree by Yakima County Superior Court, water right holders in the Yakima Basin will finally have certainty over the authorized quantities and purposes and places of use of their water right claims.

  • Adjudicated water right certificates will be issued by Ecology for all claims determined by the Court to be valid; water right holders will no longer need to get approval of the Court to complete a change or transfer a water right, but instead file applications with Ecology like everywhere else in the State.

  • During the adjudication, stakeholders in the Yakima Basin continued to lead the state in providing innovative approaches to water resource management challenges, including early adoption of water banking and mitigation markets to ease permitting of new water rights, and development and implementation of the Yakima Basin Integrated Plan.

Aspect has worked on a variety of Aquavella claims over the decades – including hundreds of due diligence water right evaluations; helping buyers/sellers move and change these rights; and developing water banks through the State’s Trust Water Right Program to support efficient transfer of existing rights and permitting of new, mitigated water rights.

Read the fascinating tale of water management in the Yakima River Basin and the implications of this ruling in this great Department of Ecology blog post.

See what else Aspect’s Water Resources practice has been up to.

Learn about Washington Water Law

Aspect’s water law expert, Dan Haller, will be presenting on Water Banking for Agricultural Water Supplies at the 27th Annual Water Law in Washington conference (June 14-15). This year’s conference focuses on major legislative changes, new case law, and important practical information for water rights and resource management in the State of Washington.

Water Banking in the West

Water banking is increasingly being looked at as an innovative approach to storing and releasing water in water-challenged areas of the West. In May’s issue of The Water Report, Aspect’s Dan Haller wrote an in-depth look at water banking in Washington state, how it compares to the rest of the West, and what recent legislative changes mean for the successful adoption of this water supply tool. Click below to read the article. 

Skagit PUD and County Explore Solutions for Legal Water Availability

The Skagit River - Photo Credit: www.rivers.gov

In the face of growing development in rural areas across Washington state and limitations on legal water availability stemming from recent court decisions, public agencies like Skagit Public Utility District and Skagit County are wrestling with how to supply water to rural areas.

Potential homeowners, builders, state officials, and tribes are looking for solutions that are agreeable for the community and habitat, and that overcome legal constraints on water availability. A number of solutions are under consideration, including water banking, instream flow augmentation, and storage and release projects. Aspect is at the forefront of water banking facilitation and other rural solutions to address water availability across the state. For example, we’ve helped several private and public entities – including Kittitas and Spokane Counties -- successfully set up a water bank.

Aspect's Dan Haller and Carl Einberger are working with Skagit County PUD to evaluate what this would mean for the County and PUD. They recently joined a combined commissioner meeting with the Skagit County PUD and Skagit County to explore the concept and take questions from the Board.

See their discussion on video here.

Aspect's Dan Haller Presenting on Water Law, Water Banking, and Water Rights - 9/28 & 9/29

Washington Public Utility District Association Conference - 9/28

On day two of this year’s WPUDA conference in Leavenworth, Aspect’s Dan Haller will be participating on a morning session panel titled “What’s a Water Bank and How Does it Work?” During the afternoon sessions, Dan will be giving a Water Rights 101 presentation.  Public Utility District's manage numerous water rights over domestic systems, dams, hatcheries, and Parks, which put them in a unique position to participating water Banks to accomplish their overall District. Protecting District water rights is a key priority to ensure they are available for multiple District business needs.

Yakima County Bar Association - 9/29

Dan will be giving a presentation on the Hirst decision and how it affects Eastern Washington water rights to the Yakima County Bar Association September 29th. The Hirst decision changed the regulatory framework of County rural building permit and land use policies and is prompting numerous changes from new regulations, moratoriums on building, creation of water Banks, and water write transactions.

The State of Water Banking in Washington -- Aspect at Law Seminar International

Aspect's Dan Haller will be presenting on the practical implentation issues of Water Banking in Washington State at Law Seminars International on Tuesday July 25 in Seattle.

With water policy presently in the forefront of the state's political arena, water managers across the state are hunting for better solutions to manage water supply. Water banking is a relatively young but promising water policy approach that builds a framework, based in science, of transferring and using water across a municipality.

Water banking has promise because it's better at solving one-to-many water authority issues than traditional water transfers and can be more advantageous under the water code than traditional transfer.

Dan will be presenting alongside Peter H. Dykstra, with Plauche and Carr LLP and Kristina Nelson-Gross with the City of Sequim.

300 Spokane Residents Turn Out to Hear About Hirst Water Rights Decision

Aspect’s Dan Haller and Carl Einberger helped Spokane County (County) officials present on the relevance of the "Hirst" Decision to a packed public meeting on May 19th. Over 300 local residents showed up to hear the County and Aspect go over:

  • The context that led up to the Hirst decision, including some understanding of the evolving interpretations of Washington State water rights law;
  • The role of watershed planning and hydrogeology studies in the Little Spokane basin;
  • Why the County has been proactively planning to implement a water bank; and
  • How a water bank works.

As counties across the state continue to grapple with the implications of Hirst and what it means for property owners and developers in rural areas, Aspect expects public outreach efforts to continue to help guide the conversation over this evolving topic and legislation.

Kittitas County: Leading the Charge on Water Banking

On April 12, Aspect’s Dan Haller will co-present with Kittitas County Commissioner Paul Jewell on the future of Kittitas County Water Resource Management. Kittitas County has been at the heart of the state’s recent water banking approach with the most mature and heralded water bank in Washington. Over the past 10 years, they went from the staunchest opponent to exempt well management to the unquestioned leader in the State, with broad state, local, and tribal endorsement of their transformation.

Over the years, Aspect has helped the County develop the program, including an innovative "over the counter" water rights program.

The presentation will be at the Starlight Lounge in Ellensburg and hosted by the Washington Chapter of the American Water Resources Association (AWRA).

For more details and to register click here.

The Story of Washington State's Water Future

Aspect Consulting partnered with Washington State University, the University of Utah, and Ecology’s Office of Columbia River to develop the 2016 Long-Term Water Supply and Demand Forecast.  From climate change to crop change, from municipal growth to hydropower demand, from water banking to declining groundwater, this report tells the story of how Washington is changing in response to a myriad of physical, economic, and legal challenges facing the State.  Over 2 years in the making, the report represents a comprehensive look at where Washington is going in the next 20 years and beyond.

The Need for Water Banking

A recent Washington State Supreme Court ruling has changed how counties review permit-exempt (household) wells for building permits under the Growth Management Act. This ruling states that counties cannot approve new development using permit-exempt wells if there would be impairment to instream flows or impact to closed water bodies. The Yakima Herald-Republic looks at how the recent Supreme Court ruling affects water rights in Kittitas County.  Aspect’s Dan Haller is quoted on how water banks are currently in place and can work beyond the Yakima Basin. You can read the article here.

Source: SOFIA JARAMILLO/Yakima Herald-Republic