Evaluating the hydrologic effects of the 2021–2022 Scott and Shasta irrigation curtailments using remote sensing and streamflow gages

Klamath Tribal Water Quality Consortium | September 11th, 2023

Key Points • Satellite remote sensing data indicated that curtailment orders in 2022 reduced consumptive water use (evapotranspiration, ETa) on agricultural lands i

Key Points • Satellite remote sensing data indicated that curtailment orders in 2022 reduced consumptive water use (evapotranspiration, ETa) on agricultural lands in Shasta Valley, but not Scott Valley. • Streamflow gage data indicate that flows in the Shasta River and some Scott River tributaries (Shackleford and French creeks) were substantially higher in summer 2022 than 2020 or 2021, but similar increases did not occur in the mainstem Scott River. • A likely major reason for the lack of Scott River flow increases was that groundwater use was allowed to continue under Local Cooperative Solutions (LCS) agreements in which water users agreed to reduce pumping by 30% from a prior year baseline. Despite abundant worldwide evidence that reducing consumptive use (i.e., evapotranspiration) is key to increasing environmental water, all LCS cropping and irrigation practices were given equal weight toward the 30% reduction, regardless of the effects on consumptive use. Pumping was not measured and compliance was primarily self-reported, with limited independent verification.

Federal Reserved Water Rights and Groundwater: Quantity, Quality, and Pore Space

Congressional Research Service (CRS) | February 8th, 2018

Tribal rights to groundwater have not been legally established to the same extent as rights to other natural resources (e.g., surface water, timber, minerals). A March 2

Tribal rights to groundwater have not been legally established to the same extent as rights to other natural resources (e.g., surface water, timber, minerals). A March 2017 decision of the U.S. Court of Appeals for the Ninth Circuit upheld the rights of a California Indian tribe (the Agua Caliente band of Cahuilla Indians) to groundwater beneath the tribe's reservation in the Coachella Valley. In November 2017, the U.S. Supreme Court declined to review the decision; the case now proceeds to other phases that may partially shape this ruling's significance. This is the first case in which an appellate court has held that a tribe's "reserved" rights under the Winters doctrine apply to groundwater. Pursuant to Winters, when Congress reserves land for a reservation, it also reserves a right to water necessary to accomplish the purposes for which the reservation was created. For decades, tribal reserved rights for surface water have been established and have required settlements between the federal government (as authorized by Congress), tribes, and nonfederal users. Thus, some have raised concerns about the implications of interpreting Winters rights to include groundwater. This Insight explores three aspects of groundwater relevant to Agua Caliente: quantity, quality, and "pore space." The legal outcome may affect how groundwater is allocated among tribal and nontribal interests and may influence groundwater allocations at other federal reservations. The Supreme Court has not declared outright that groundwater is subject to the Winters doctrine, but declining to review the Ninth Circuit decision essentially upheld phase one of the three-phase case: a federally reserved right to the groundwater resource for the tribe. Phase two will address whether the tribe has the right to receive groundwater of a certain quality from the aquifer and whether it owns the pore space beneath tribal lands. Phase three will determine the quantity of groundwater to which the tribe is entitled, pursuant to its reserved rights. The outcome of phases two and three could have implications for expanding the scope of federal preemption of state water law. It also could affect how much groundwater is available for nontribal water agencies and water districts and those entities' ability to store water in an aquifer beneath federally reserved lands. Congress has authority over federal water law and could influence this legal framework.

Fishes, Hydrology, and Ecology of the Klamath River Basin

National Academy of Sciences (NAS) | February 11th, 2008

The Klamath River basin in southern Oregon and northern California is the focus of a prominent conflict over competing uses for water in the American West. Management mea

The Klamath River basin in southern Oregon and northern California is the focus of a prominent conflict over competing uses for water in the American West. Management measures for the protection of threatened and endangered fish species in the basin that have left less water available for irrigation have increased tensions among farmers and other stakeholders and brought into question the scientific justification of these measures. Two National Research Council studies evaluate a series of federal scientific assessments and recommend scientifically justified approaches to the problem.

Fixing the Flawed Colorado River Compact

American Geophysical Union (AGU) | June 16th, 2023

French Creek Flow Accounting Study

Scott River Water Trust | May 15th, 2020

The Scott River Water Trust (SRWT) has been working with adjudicated water-users in Scott Valley since 2007 to develop opportunities for stream flow enhancement through t

The Scott River Water Trust (SRWT) has been working with adjudicated water-users in Scott Valley since 2007 to develop opportunities for stream flow enhancement through temporary leases or long-term/permanent dedications of surface water rights. Under the seasonal Water Leasing Program, the SRWT contracts with voluntary agricultural producers to temporarily forbear all or part of their decreed water right(s) during the irrigation season in exchange for fair financial compensation. The purpose of the seasonal Water Leasing Program is to improve conditions for anadromous fish in priority stream reaches during critical life stages and time periods. The Siskiyou Resource Conservation District (SRCD) has been integrally involved with implementation of the seasonal Water Leasing Program since its inception and particularly with the monitoring component. Monitoring of seasonal transactions is generally limited to ensuring compliance with the lease terms and confirming stream response. However, in 2016 the SRWT proposed expanding the scope of effectiveness monitoring associated with the Water Leasing Program based on suggestions from Andrew Purkey and Rankin Holmes of the National Fish and Wildlife Foundation and their experience monitoring transactions in the Columbia River Basin (Holmes, et al., 2013). Under funding from the California Flow Restoration Accounting Fund managed by the National Fish and Wildlife Foundation, the SRWT contracted with the SRCD to explore several additional effectiveness monitoring techniques on French Creek including instream water level/discharge monitoring, wetted- perimeter analysis and alluvial connectivity surveillance. The purpose of this additional monitoring was to evaluate the applicability and effectiveness of these techniques to stream flow enhancement in Scott Valley and determine whether it would make sense for the SRWT adopt these practices into its programs. The specific components and objectives of the work completed on French Creek included: • Evaluate the instream effect of forbearance agreements performed by SRWT • Establish and maintain monitoring stations throughout French Creek to determine the downstream extent that returned water from various leases had on stream flow and temperature • Perform wetted perimeter analysis on French Creek to develop a relationship between instream flows and aquatic habitat conditions • Conduct periodic fisheries surveys through French Creek to evaluate the relative abundance of salmonids influenced by the transactions • Conduct periodic foot surveys through lower French Creek to establish the temporal and spatial connectivity to the Scott River This report summarizes the monitoring and analysis conducted by the SRCD during the 2018 and 2019 water leasing seasons under the French Creek Flow Accounting Study and provides conclusions related to the applicability of these methods to the SRWT.

Guidance Document for the Sustainable Management of Groundwater Engagement with Tribal Governments June 2017 (Draft)

California Department of Water Resources (DWR) | June 1st, 2017

The objective of this guidance document is to convey information, as provided by California’s Tribal governments, by which local agencies can engage Tribal gove

The objective of this guidance document is to convey information, as provided by California’s Tribal governments, by which local agencies can engage Tribal governments as part of an effort to identify interested persons, and consider the interests of beneficial users of groundwater; including those users on Tribal lands not subject to the Sustainable Groundwater Management Act (SGMA). This guidance document can also be used to help local agencies engage with a Tribal government in the planning, financing, and management of a Groundwater Sustainability Agency (GSA), or help with the development and implementation of a Groundwater Sustainability Plan (GSP) pursuant to SGMA.

Guidelines for Considering Traditional Knowledges in Climate Change Initiatives

California Department of Water Resources (DWR) | September 9th, 2014

This publication is meant to be an informational resource for tribes, agencies, and organizations across the United States with an interest in understanding Traditional K

This publication is meant to be an informational resource for tribes, agencies, and organizations across the United States with an interest in understanding Traditional Knowledges (TKs) in the context of climate change. It is meant to inspire dialogue and questions, and to foster opportunities for indigenous peoples and non-indigenous partners to braid TKs and western science in culturally-appropriate and tribally-led initiatives. The publication establishes firmly that in all possible cases it is tribes who should ultimately decide answers to specific questions about whether English-language words such as “traditional knowledges” are the best words to use, what knowledges should count as significant to their cultures and communities, and what the terms of sharing or declining to share should be. The information presented in these Guidelines is believed to be current as of the time of production. The Guidelines are a work in progress. The workgroup anticipates revising it over time.

Hoopa Valley Tribe Water Quality Plan

Hoopa Valley Tribal Environmental Protection Agency | February 14th, 2008

The Hoopa Valley Tribal Council pursuant to Title 37 of the Hoopa Tribal Code has assigned the primary responsibility for the protection and enhancement of water quality

The Hoopa Valley Tribal Council pursuant to Title 37 of the Hoopa Tribal Code has assigned the primary responsibility for the protection and enhancement of water quality on the Hoopa Valley Indian Reservation to the Riparian Review Committee (RRC). The RRC along with the Hoopa Valley Tribal Environmental Protection Agency provides Reservation-wide coordination of the water quality control program by developing, reviewing and recommending for Tribal approval Reservation wide policies and plans for the implementation of Tribal and Federal law. This Water Quality Control Plan recognizes the unique characteristics of each watershed with regard to natural water quality, existing, potential, and historical beneficial uses, and water quality problems. The goal of this plan is to provide a definitive program of actions designed to preserve and enhance water quality on the Reservation, and to protect the beneficial uses of water for the next 10 years to 20 years. The plan is concerned with all factors and activities that might affect water quality. However, the plan emphasizes actions to be taken by the Riparian Review Committee, the Hoopa Valley Tribal Fisheries, Forestry, Public Utility Departments, and Tribal Environmental Protection Agency, as they have responsibility for maintaining water quality on the Reservation. The Water Quality Control Plan (WQCP) is comprehensive in scope. The WQCP describes the Hoopa Valley Reservation waters, the quality and quantity issues, and the existing, potential and historical beneficial uses of the Reservation’s waters. The plan also prescribes criteria for the protection of the Reservation waters and includes plans and policies that describe the basis for the management of water quality and protection of human health. The Hoopa Valley Tribe has recognized authority for setting water quality standards for its Reservation waters, including both the Trinity and Klamath Rivers (U.S. EPA, 2002). Included in the plan are specific criteria that apply to the Lower Klamath River on the Hoopa Valley Reservation (Figure 1.1).

How Native Americans will Shape the Future of Water in the West

New Yorker | January 27th, 2023

As a child, Stephen Lewis heard stories about a river that, for the most part, no longer flowed. “How I grew up was that it was a theft, that it was stolen from us,”

As a child, Stephen Lewis heard stories about a river that, for the most part, no longer flowed. “How I grew up was that it was a theft, that it was stolen from us,” he told me late last year. “There was what we used to call the Mighty Gila River, and now it was just pretty much dry. There was no water.” Lewis is the governor of the Gila River Indian Community (gric), a group that has occupied land south of Phoenix for centuries. When I met him, in the dining room of the Whirlwind Golf Club, which the tribe owns, Lewis had recently returned from Santa Fe. There, he’d attended a celebration marking the centennial of the Colorado River Compact, an agreement that continues to shape water politics in the Southwest. In Santa Fe, Lewis took note of a black-and-white photograph of the compact’s signers—white men in dark jackets, gathered around a wooden desk.

Improving and Sustaining BLM-Tribal Relations (Handbook 1780-1)

Bureau of Land Management (BLM) | December 15th, 2016

Manual Section 1780 (MS-1780) and Handbook 1780-1 (H-1780-1) are being released simultaneously . H-1780-1 , I mproving and Sustaining BLM- Tribal Relations, rep

Manual Section 1780 (MS-1780) and Handbook 1780-1 (H-1780-1) are being released simultaneously . H-1780-1 , I mproving and Sustaining BLM- Tribal Relations, replaces H-8120-1 (Rel. 8-75, 12/03/04) . M S - 1780 , Tribal Relations, replaces MS-8120 (Rel. 8-74, 12/03/04). MS-8 120 and H-8120 - 1 were specific to implementation of historic preservation authorities only . Therefore, this new guidance is appropriately placed within the Bureau of Land Management (BLM) 1700 series, which addresses relations with other governments, including State, local, and international relations . Developed in response to the finalization of 512 Departmental M anual (DM) Chapters 4 and 5, H-1780-1 with MS-1780 provides direction for all BLM programs for improving and sustaining tribal relations , including government-to-government consultation. We attempted to be inclusive; however, this handbook does not contain sections for every program area or discipline who should be involved in tribal relations. Updates and additional chapters will be added when they are available.