Catlin Fallowing-Leasing Pilot Project Year Two Update Leah Martinsson, Esq. Berg Hill Greenleaf Ruscitti LLP Jack Goble, P.E. Lower Arkansas Valley Water Conservancy District 1
Catlin Fallowing-Leasing Pilot Project Year Two Update
Leah Martinsson, Esq. Berg Hill Greenleaf Ruscitti LLP
Jack Goble, P.E.
Lower Arkansas Valley Water Conservancy District
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• Attempted use of SWSP approval for a lease-fallowing project in 2012
• Conditional approval with excessive terms and conditions
• Opposing parties sued SEO, Lower Ark District and Super Ditch
• Not able to operate because water was not available
• Lower Ark District & Super Ditch realized that an alternative administrative approval mechanism was needed
• Legislature recognized critical need to pursue leasing-fallowing as an alternative to permanent buy-and-dry and passed HB13-1248
• Broad support in both House and Senate
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Background
• CWCB pilot program to test fallowing-leasing as an alternative to permanent agricultural dry-up. • Municipal, Environmental, Recreational, Industrial, and Agricultural end uses
• Through December 31, 2018
• 10 projects of up to 10 years • Up to 3 per basin
• No transfers over the Continental Divide
• No transfers out of the Rio Grande basin
• Extent of fallow limited • 3 years in 10-year period
• no more than 30% for 10 consecutive years
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HB 13-1248
• Developed by CWCB in collaboration with SEO & broad-based technical committee
• Set forth application and approval process
• Adopt accepted methodologies, modeling, and accounting practices
• Includes standard terms and conditions for dry-up, accounting and recharge
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Criteria and Guidelines
Narrative proposal to CWCB for initial
selection
30-day comment period
CWCB consideration of
proposal
If selected, application with
technical analysis using LFT
60-day comment period
Within 30 days, joint conference
with commenting parties
Within 15 days, submit a joint
conference report
Within 30 days, State Engineer determination
CWCB action on application
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The Process
• Developed by SEO with technical committee input
• Streamline evaluation of HCU and return flows as part of lease-fallowing • Standardize inputs for calculating HCU
• Standardize method of calculating the timing of lagged return flows
• Conservative Assumptions in HCU analysis
• Intended to simplify analysis and lessen concerns over injury
• Results only applicable for pilot projects
• Do not create presumption or shift burden of proof
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Lease-Fallow Tool
Financial Information
2015: $204K
2016: $202K
Lease Payments 2015: $1030
2016: $1004
*includes option payment
Payment Per Acre:
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• Municipal Participants and Farmers pleased with project • All have continued full participation
• Encourage additional pilot projects in other basins
• Lower Ark District & Super Ditch pursuing other possible pilot projects • Colorado Springs, City of Fountain, Lake Isabel
• Extend and expand HB 13-1248 • Extend CWCB authority to approve pilot projects past 2018 • Allow for additional pilot projects in Arkansas River Basin
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Looking Ahead
Catlin Pilot Project
• Just completed year two of the ten year CWCB approval:
6 Catlin Canal farms totaling 902 acres and 1,047 shares
Fallow up to 30% of the land each year
Deliver up to 500 AF per year to municipalities
Municipalities: Fowler, Fountain and Security
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Fo
un
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Va
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y C
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it
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Details
• 2016:
• Acres: 238 fallow / 902 total (26% fallowed)
• Shares: 255 fallow / 1,047 total
• Shares associated with dry-up delivered to three locations:
• Schweizer Recharge Pond
• Hanagan Recharge Pond
• Timpas Creek Augmentation Station
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SCHWEIZER POND
TIMPAS CREEK AUG. STATION
HANAGAN POND
CROOKED ARROYO AUG.
STATION
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Delivery Types
- Delayed return flows - Pond evap & pond vegetation ET
Recharge pond
- Immediate return flows - C.U. water
Augmentation station
Recharge Ponds • Pond inflows measured and recorded every 15 minutes w/ stage
discharge recorders and transmitted with telemetry equipment
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• Pond stage measured and recorded every 15 minutes w/ radar level recorders and transmitted with telemetry equipment
Recharge Ponds
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• Monitor Catlin diversions and communicate w/ Catlin Superintendent
• Pilot Project deliveries are based on Catlin Canal diversions
• No trans-mountain diversions allowed in pilot project
Operations
Unexpected drop in diversions
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Operations • Monitor pond and aug. station deliveries to ensure adequate flow
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Operations • Maintain daily accounting and submit monthly to DWR
• Set river exchanges w/ DWR and monitor daily
• Transfer water to municipalities monthly
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FALLOWED WINTER WHEAT
Fallowed Ground
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FALLOWED WINTER WHEAT
IRRIGATED ALFALFA
FALLOWED CORN STALKS FROM FORMER IRRIGATED YEAR
Monthly Municipal Deliveries
2015: 409 ac-ft 2016: 406 ac-ft
Questions?