Irrigation Leader March 2012

Volume 3 Issue 3

Steve Knell: Oakdale Irrigation District Focuses on Water Management Plan to Modernize, Promote Efficiency

March 2012

Doing More With Less

By Kris Polly

W

hen I was in my early teens, the machinery we had on our family farm in southwestern Nebraska took 22 hours to disc 160 acres of ground. For those a bit more removed from farming, 160 acres is one-quarter of a square mile and is commonly called “a quarter.” Twenty-two hours is a lot of time, but it was an improvement over the abilities of the previous generation and certainly light speed faster than using horses. As my family acquired additional quarters and much larger machinery, our ability to cover ground was greatly improved, and 22 hours became 4.

Farming practices were also much different when I was growing up. It used to be common practice to prepare the seed bed using as many as three separate operations across the same ground before going through the field again with a planter. As the corn grew, two additional passes through the field with a cultivator to mechanically remove weeds was considered “good farming.” That was a lot of time and diesel. Now, improved technology allows farmers to prepare their seed beds, apply all the necessary inputs, and plant in one pass. The second time they go through the field is at harvest.

For anyone who has moved irrigation pipe or irrigated with siphon tubes, pushing a button on a center pivot system is an almost indescribable advancement. The desire to save time, fuel, and water—to always do more with less—continues to drive advancements in technology.

Advances in technology are occurring now at a much faster

pace in farming and irrigation, nearly season to season.

This issue of Irrigation Leader focuses on conservation, efficiency, and recycling—essentially, doing more with less. Our articles include a discussion of the systemwide improvements the Oakdale Irrigation District has undertaken to improve its water delivery efficiency; steel pipe manufacturing near Denver, Colorado, where Northwest Pipe Company focuses its efforts on making a quality American product; Israeli irrigation methods; and efforts in California to stretch water supplies through recycling.

We also have a number of articles about commonsense solutions to regulatory issues. Senator James Inhofe (R-OK) discusses the needed passage of H.R. 872.

Additionally, Kent Holsinger describes efforts to protect the sage grouse. Finally, Tim Bishop and Chad Clamage raise our awareness of another potential overinterpretation of the Clean Water Act. Since my time growing up on my family’s farm in Nebraska, water use has come a long way. These efforts must continue in order to ensure the continued vitality of irrigated agriculture in the West for the next generation.

Kris Polly is editor-in-chief of Irrigation Leader magazine and president of Water Strategies, LLC, a government relations firm he began in February 2009 for the purpose representing and guiding water, power, and agricultural entities in their dealings with Congress, the Bureau of Reclamation, and other federal government agencies. He may be contacted by e-mailing Kris.Polly@waterstrategies.com.

The Water and Power Report Water Strategies, LLC is proud to provide

The Water and Power Report’s Listing Service for water district RFPs and job opportunities.

This free service will allow your district to attract a broader audience to its announcements through The Water and Power Report website www.WaterandPowerReport.com.

For more information on this position and others, access the “Jobs” section of the Water and Power Report website at www.waterandpowerreport.com.

All irrigation district, water management, power generation, as well as water and power issue-related positions may be posted to the Water and Power Report site at no charge. To post your position, please notify us of your interest through the “Contact Us” section of the web site.

MARCH 2012

C O N T E N T S 2 Doing More With Less

By Kris Polly

Volume 3

Issue 3

Irrigation Leader is published 10 times a year with combined issues for November-December and July-August by: Water Strategies, LLC P.O. Box 100576 Arlington, VA 22210 Staff: Kris Polly, Editor-in-Chief John Chisholm, Senior Writer Robin Pursley, Graphic Designer Capital Copyediting, LLC, Copy Editor SUBMISSIONS: Irrigation Leader welcomes manuscript, photography, and art submissions.

However, the right to edit or deny publishing submissions is reserved.

Submissions are returned only upon request.

ADVERTISING: Irrigation Leader accepts one-quarter, half-page, and full-page ads.

For more information on rates and placement, please contact Kris Polly by phoning (703) 517-3962 or by e-mailing Irrigation.Leader@waterstrategies.com.

CIRCULATION: Irrigation Leader is distributed to irrigation district managers and boards of directors in the 17 western states, Bureau of Reclamation officials, members of Congress and committee staff, and advertising sponsors.

For address corrections or additions, please contact our office by e-mailing Irrigation.Leader@waterstrategies.com.

4 Oakdale Irrigation District Focuses on Water Management Plan to Modernize, Promote Efficiency 8 Pesticide General Permit: All Pain, No Gain

By Senator James M. Inhofe

10 Texas Integrated Pipeline Project Targets Water Delivery Flexibility 12 How Steel Water Pipe Is Made 14 Forty Years of Nebraska’s Natural Resources Districts 15 Texas Water Day Highlights State Needs to Federal Legislators, Policymakers

By J. Tom Ray

District Focus:

20 Harlingen Irrigation District Touted as Global Leader for “Good Practice Projects” in Agricultural Water Efficiencies Water Law:

24 New Restrictions for Sage Grouse and Access to Public Lands: Is BLM Closed for Business?

By Kent Holsinger

26 Fate of 35-Year-Old Forest Road Regulations in Hands of the U.S. Supreme Court

By Tim Bishop and Chad Clamage

International:

28 Israel Uses Advanced Approaches to Cope With Shortage, High Cost of Water COVER PHOTO: Steve Knell, General Manager of the Oakdale Irrigation District.

The Innovators:

30 Stretching Water Supplies Through Recycling

By Katie Ruark

Irrigation Leader

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Oakdale Irrigation District Focuses on Water Management Plan to Modernize, Promote Efficiency

F

ormed in 1909, California’s Oakdale Irrigation District (OID) faced aging infrastructure and waterright-protection concerns by the late 1990s. Funding improvements became a critical district objective to ensure the continued availability of water to an irrigated service area of 72,000 acres.

Ultimately, the district benefited from two major funding sources beyond regular water assessments. First, the district negotiated three water sales contracts: two to the Bureau of Reclamation for fish enhancement water and one to the City of Stockton for a municipal supply. Additionally, the district’s long-term hydropower sale contract with Pacific Gas & Electric expired, leaving the OID to receive the full benefits of its significant hydroelectric generation capability.

In 2004, the district developed a water resources plan to structure its revitalization efforts. The plan has a 20-year horizon and identifies $169 million in improvements. By the end of 2012, the district will have spent $32 million of bond funding on critical infrastructure projects. The projects run the gamut of water efficiency measures, from constructing a regulating reservoir, to automating a canal, to restoring infrastructure.

Irrigation Leader Editor-in-Chief Kris Polly discussed the district’s efforts with General Manager Steve Knell on February 17.

Kris Polly: Can you tell us about the history of your district?

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Steve Knell: In 1909, the district was formed when area landowners acquired water rights out of the Stanislaus River, where we are a senior water rights holder. The district was created to deliver water to 72,345 acres, and it built the diversions on the river to make that happen.

About 40 percent of our district is on one side of the river, and 60 percent is on the other side. We have two main canals, one on each side of the river. Today, because of urban expansion, we deliver water to irrigate 60,000 acres.

In 1950, the OID and its sister district, South San Joaquin Irrigation District, embarked on building some storage reservoirs. The two districts issued bonds for that purpose and constructed three storage reservoirs— Tulloch, Beardsley, and Donnells. All three facilities have hydroelectric generation capacity to go along with the storage facility, which pretty much put the district in the wholesale hydroelectric business beginning in 1950. We had a long-term contract with Pacific Gas & Electric through 2005, when our Federal Energy Regulatory Commission license was renewed and relicensed into our names. The revenue from hydroelectric generation is the principal revenue stream for the district and develops funding for most operations and maintenance expenses and a portion of construction.

Kris Polly: It is our understanding that your district has undertaken a major water conservation effort. What can you tell us about that?

Irrigation Leader

Steve Knell: Back in 1995, there were some environmental issues that were identified in the state’s Water Quality Control Plan for the California Bay-Delta.

As part of that, a number of districts entered into an agreement with the Bureau of Reclamation for that agency to buy water from the districts for fish studies and fish flows. We began transferring water to Reclamation in 1998 to enhance fisheries on the river. At the same time, we entered into a contract to backfill a portion of the domestic water supply of the city of Stockton. This created a revenue stream for the district that it had not previously had.

Before, the district was a hand-to-mouth operation.

We were pretty much in a failure response mode—if it breaks, we’ll fix it—and the district had gotten down to a pretty deteriorated condition. The new revenue streams made the district rethink how it was going to spend those funds to improve and modernize the district. That all started when I came here, and the charge then was how and where to direct that money for the maximum benefit of the OID and its water users.

To that end, we developed a water resources plan beginning back in 2004. It took a couple years to develop the plan, but it pretty much became the blueprint for moving the OID forward. It simply focused on rebuilding, modernizing, and funding these system improvements.

Bottom line, we engage in marketing a small portion of our conserved water in order to bring in revenues to the district to generate enhanced service benefits for our constituents and to improve the reliability of our water supply.

Kris Polly: How far has your plan progressed?

Steve Knell: We really started focusing on implementation of our water resources plan in 2007.

The plan outlines out a 20-year horizon, and within that horizon the project improvements totaled about $169 million. A lot of that was replacement of existing infrastructure: replacing what we have and then modernizing our district so that we improve service and drought reliability to our constituents.

Our two main canal systems come out of the mountains. They are 30 miles long, and we have 23 tunnels on them that are in significant need of repair. We borrowed $32 million three years ago, and we used it to do a lot of general infrastructure work. By the end of this year, we will have spent all of that money. In addition, we have been using our water transfer revenue of about $3 million a year on normal capital improvements. Right now, we are kind of backing off a little bit. We are currently in negotiations to recommit portions of our expired water contracts. Once those contracts are renewed, we will start back up with our construction projects.

Irrigation Leader

Kris Polly: What are you doing to improve the efficiency of the district and conserve water?

Steve Knell: The big thing here is that we recently completed a $7 million regulating reservoir. We previously had no storage on the north side; when water changes were needed or made, it took seven to nine hours for those changes to occur. With the reservoir there, and being fully automated, we are much more responsive. In the area immediately around the reservoir, we are just minutes from responding to orders and order changes. Even farther out, we can make order changes within an hour now. This responsiveness reduces waste on the north side, and our losses have been significantly reduced there.

We also invested in a project with Rubicon Systems America to install and evaluate two automated canal systems. The district has been pretty diligent about automating our main canal headings, but we wanted a system that gave us better control within the laterals to help reduce operational spills. The Rubicon system offered us the opportunity to look at automated canals within the district using their total channel control technology. We put the system in last year, and I think the results we have seen are very positive. It gives us some great insight into how we might manage additional modernization efforts here in the district and where we might focus.

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Kris Polly: How far along are you in the automation process?

Kris Polly: Are there canal lining projects that are accompanying your other efforts?

Steve Knell: We are pretty much just getting started down the automation path. We have all our main canals and lateral headings automated, and we have some automated systems at junction points downstream, but we do have a lot of sections of our canals that are largely manually operated by ditch tenders driving around in pickup trucks and turning gates.

Everything is value added here. Automation is not cheap; it costs money. So we just have to decide on the return on investment that we are getting. We conserve water and market that water, but the return we get on it has to be better than the development cost. So it is really a market-driven decision for us on how far and how fast we modernize.

Steve Knell: In our area here, ground water is very important, so concrete lining is not as big for us. We value the recharge that we get from the canal systems. The U.S. Geological Survey has done studies in the surrounding area, and it identifies the principal recharge mechanisms for aquifers as being the agricultural canal and lateral systems that service those areas. The only time we do concrete lining is to solve maybe a structural problem with a ditch or erosion of soil. But generally, we do not do concrete lining for water conservation. We value that recharge: our people rely upon it, and we see value in that.

Kris Polly: How would you quantify the amount of water you have saved and how much more efficient you are now?

Steve Knell: We estimate we have saved about 10,000 acre-feet of water since 2007 on our conservation-focused projects. It is a big chunk of water. We see significant improvement in the control of our water and are seeing fewer and fewer fluctuations in our canals. Our landowners notice that as well because they are able to manage their water better. When we can do a better job on our side of the gate, the farmers can do a better job on their side of the gate. That is really where we see a lot of feedback from our constituents.

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Kris Polly: What would your advice be to other general managers and members of boards of directors that are looking at their districts and thinking about a plan for upgrades?

Steve Knell: I think it is very important for all irrigation districts to begin thinking about their water futures and to begin planning for them. We all have political challenges we will need to address. The world is becoming very focused on the future needs and importance of water, and people who have water, like irrigation districts, are looked to to help solve those needs. We get a lot of political pressure, both state and federal, about the need to manage our water at a high level. There is this constant ratcheting down on irrigation districts to be better resource stewards and to make our water resources go as far as they can. Unless you have a good, well-thought-out planning document as your guide, you are just not going to get there.

We did it. We took the time, and it is paying dividends both in enhanced customer service and in generating conserved water that is marketed to help pay for our infrastructure improvements. It’s a good deal.

Irrigation Leader

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Pesticide General Permit:

All Pain, No Gain

By Senator James M. Inhofe

D

espite our efforts, as of October 31, 2011, pesticide applications to, over, or near waters of the United States require a Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) as a Pesticide General Permit (PGP). This new rule inaugurates an onerous duplicative permitting process: previously, pesticides were adequately regulated solely under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and for over 30 years, the U.S. Environmental Protection Agency (EPA) did not require permits for pesticide application (1) if pesticides are applied directly to water to control pests such as mosquito larvae and aquatic weeds, and (2) if pesticides are applied to control pests that are present over or near water. Now, compliance will no longer mean simply following instructions on a pesticide label. Pesticide users, including farmers, ranchers, forest managers, scientists, and individuals from state agencies, city and county municipalities, mosquito control districts, and water districts, will have to navigate an expensive and complex process of identifying the relevant permit, filing a valid notice of intent to comply with the permit with the regulatory authority, and obtaining a familiarity with all of the permit’s conditions and restrictions.

As for the financial burden, EPA estimates the paperwork alone will cost $50 million annually; however, state estimates show the financial burden to be several magnitudes greater. Further, EPA estimates that this permit will impact 365,000 entities, virtually doubling the number of entities currently subject to NPDES permitting and covering 5.6 million pesticide applications each year. The PGP will touch 45 permitting authorities and require 1 million hours to implement.

Unfortunately, under this new rule, it is possible for environmental activists to sue pesticide users under the CWA, an avenue that was not available under FIFRA, and big green groups make no secret of their intention to continue their citizen suits until all pesticide applications are permitted if there is even a slight chance that the pesticide could come in contact with any “water,” either flowing water or seasonal drainage ditches that could be a

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Senator James M. Inhofe speaking to farmers in Oklahoma.

conveyance to a water of the United States.

The results could be dire for pesticide users: applicators not in compliance will face fines of up to $37,500 per day per violation, not including attorneys’ fees. Given the fact that a large number of applicators have never been subject to NPDES and its permitting process, even a good faith effort to be in compliance could fall short. Moreover, the CWA allows for private actions against individuals who may or may not have committed a violation. Thus, while EPA may exercise its judgment and refrain from prosecuting certain applicators, they remain vulnerable to citizen suits.

Irrigation Leader

And, as with so many of EPA’s rules, the exorbitant costs and the regulatory burden imposed will have no meaningful environmental benefits. Advocates of this duplicative permitting process say that it is essential to ensure clean water, but this is simply not the case. NPDES is a permit to discharge. In the case of pesticides, it’s a permit to discharge a substance that is already evaluated

by EPA for impacts to water quality. No other permitted discharge is subject to this unnecessary double regulation by EPA. If anything, this process will likely be detrimental to public health, as the increased likelihood of litigation could lead some to discontinue pesticide use altogether. If this happens, control of mosquito and other vector-borne diseases that threaten human health will be significantly disrupted by the PGP process; this process could also create barriers to the control of pests such as the gypsy moth and forest tent caterpillar, which could result in more cases of tree deaths in forests and defoliated landscapes.

My own state of Oklahoma does not have NPDES permitting authority for pesticides, but it does not anticipate that requiring NPDES permits for pesticide applications will provide significant environmental benefits. The stream segments in Oklahoma with pesticide

Irrigation Leader

impairments are mostly due to older, legacy pesticides that EPA has cancelled and/or discontinued. None of these impairments are attributable to pesticides applied directly to waterways, but rather are the result of stormwater runoff.

Although this duplicative permitting process is now in effect, we have not given up the fight to stop it. On March 2, 2011, H.R. 872, the Reducing Regulatory Burdens Act of 2011—a bill that would clarify that pesticide application used in compliance with FIFRA does not need an additional CWA permit—was introduced. It passed overwhelmingly in the House of Representatives by a vote of 292–130 on March 31, 2011, and was passed out of the Senate Agriculture Committee by voice vote on June 21, 2011. Unfortunately, the bill stalled in the Senate as environmental activist groups managed to get enough members of the Senate on their side.

From global warming to water rules, my priority in my leadership role in the Senate Committee on Environment and Public Works has always been to stop EPA from implementing regulations that are all economic pain for no environmental gain, and the PGP process is very much a part of that fight. I will continue to work with my colleagues in the Senate to implement this much-needed legislative fix.

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Texas Integrated Pipeline Project Targets Water Delivery Flexibility

T

he Tarrant Regional Water District and the City of Dallas have partnered to construct a 150-mile pipeline that will provide their systems with greater flexibility to cope with fluctuating water user demands.

Dubbed the Integrated Pipeline Project, construction aims to allow the respective water agencies to support regional economic growth.

“The district and Dallas have been talking to each other about the potential for about 10 years,” said Kathy Berek, director of special projects for Tarrant. “It’s an important project in that it gives Dallas and Tarrant a lot of flexibility.”

In addition to the pipeline, the project includes three new lake pump stations and three new booster pump stations. The project will have 347 million gallons per day of capacity. “There are drought and emergency protection benefits in connecting the two largest water systems in the Metroplex,” said Berek. “Right now, we are pipe limited.

Richland and Cedar Creek are our existing sources, but we can’t pump all the water from those sources that we have available.”

The project began in 2004, when consulting engineers were hired to start the planning process. Design began six

10

months ago and remains in the preliminary stages. Current estimates suggest the project will cost $2.3 billion.

The partners anticipate issuing bonds to finance planning and construction. Bonds will be issued each February to support continued costs. Principal and interest payments will be supported by wholesale water customers.

“We are developing a construction schedule to minimize the increase in the water rates, to keep water relatively inexpensive,” said Berek.

In addition to bond financing, the Texas Water Development Board provided $100 million for the initial planning phase of the project. “From the beginning, they were very supportive of the regional partnership,” said Berek. “We received a large amount for the planning component.”

Construction is anticipated to begin in early 2014 and will likely continue for seven years until core project commissioning in 2021. “There are some sections that we might not finish until 2030 depending on the weather and the accuracy of demand projections,” said Berek.

For more information on the Integrated Pipeline Project, visit its website at www.trwd.com/IPL.aspx.

Irrigation Leader

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How Steel Water Pipe

Is Made I

rrigation Leader Editor-in-Chief Kris Polly recently visited Northwest Pipe Company’s manufacturing facility in Denver, Colorado.

Steel water transmission pipe produced by the company in Denver, and at other locations across the United States, is used for irrigation, but often is destined for large-scale infrastructure projects in the West. Manufactured using American steel and American labor, the pipe is formed through a multistep process that includes rigorous qualitycontrol standards.

The process begins when 20-ton rolls of 60-inchwide steel coil from midwestern mills are delivered by rail to the company’s Denver manufacturing facility. Company employees load the steel coil into a spiral mill to form the initial shape of the water transmission pipe. Steel is pulled from the coil, wrapped helically into a pipe, and welded both inside and outside to achieve full penetration welds, creating a bottle-tight pipe section.

Once welded, the newly formed steel pipe is cut into 50-foot lengths. Following initial visual inspection, each piece of pipe undergoes a rigorous quality testing regimen to ensure its operation for decades to come. Hydro testing requires filling each section of pipe with water and pressurizing it, then holding that pressure for as long as necessary to visually ensure the structural integrity and leak prevention of the pipe walls and seam welds, while

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Irrigation Leader

verifying no leakage. This testing differs from the hydro testing of other materials, which pressurizes pipes for no more than five seconds. Due to its high ductility, which is more than twice that of other metallic and cementitious pipe materials, steel pipelines will not typically fail catastrophically and will serve their intended purpose for many decades.

Following quality test completion, the ends of the pipe are formed for either gasketed push-on joints or lapwelded restrained joints, whichever are required for the application. The pipe is then spun lined with 1/2 inch of cement mortar to protect the interior from corrosion and to improve flow characteristics. It is externally coated with either a three-layer bonded-tape coating system or a twopart bonded polyurethane paint layer for outer protection.

Completed pipe is either shipped as a straight length or returned to the company’s fabrication shop for processing into specific pipe segments, adding appurtenances, or making fittings. Pipe segments are properly braced and shipped via standard commercial carrier directly to the job site.

Northwest Pipe Company’s spiral-welded pipe manufacturing facilities produce pipe from 12 inches to 156 inches in diameter. The Denver facility’s spiral mill typically manufactures pipe from 24 inches to 120 inches in diameter; the facility also has the capability to manufacture larger diameters. Wall thicknesses commonly range from 0.135 inch to 0.75 inch depending on operating pressures, which vary from 150 psi to much higher pressures in excess of 400 psi. “When we are manufacturing large batches of pipe, we can get a straight joint through the plant in as little as three days,” said Frank Knafelc, the facility’s operations manager.

For more information on Northwest Pipe Company, visit its website at www.nwpipe.com.

Irrigation Leader

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Forty Years of Nebraska’s Natural Resources Districts

I

n 1972, Nebraska combined its 154 special purpose entities dealing with natural resources issues into 24 natural resources districts (NRDs), with boundaries organized by river basin. Since then, the NRDs have conserved and protected the state’s natural resources.

The transition to the NRD model was championed by former State Senator Maurice Kremer. Known as “Mr. Water,” Kremer introduced legislation in 1969 that aimed to solve flood control, soil erosion, irrigation runoff, and ground water quantity and quality issues.

Today’s system of 23 NRDs (two districts merged in 1989) is one of a kind in the United States. Each NRD is governed by a locally elected board.

“For the last 40 years, the 23 NRDs across the state have been addressing natural resources issues and concerns

with local solutions,” said Ron Bishop, who has served as manager of the Central Platte NRD since 1972. Bishop is one of a handful of managers, board members, and staff that have been part of the system throughout its four decades in existence.

Under state law, the NRDs have 12 areas of responsibility that include flood control, soil erosion, and ground water management. “While all NRDs share the 12 main responsibilities, each district sets its own priorities and develops its own programs to best serve local needs and to protect Nebraska’s natural resources for future generations,” said Bishop.

For more information, visit the website of the Nebraska’s Natural Resources Districts at nrdnet.org.

Irrigation Leader Advertising Works

“

“

My phone rings for a new job every time Irrigation Leader magazine is mailed out, ~ Rich Gargan, International Water Screens.

Irrigation Leader directly markets your message to the decisionmakers on

irrigation and other water infrastructure projects. Hard copies of Irrigation Leader are mailed to the 600-plus irrigation district general managers and their respective boards of directors in the 17 western states; the U.S. Bureau of Reclamation; Congress; and a variety of western water-related organizations, engineering firms, and interested individuals. In other words, advertising in Irrigation Leader is like having nearly 8,500 people stop by your vendor booth.

For information on advertisement rates, packages, and placement, please contact Kris Polly by phoning (703) 517-3962, or by e-mailing Irrigation.Leader@waterstrategies.com.

Texas Water Day Highlights State Needs to Federal Legislators, Policymakers

By J. Tom Ray

L

Texas

ast month, nearly 90 members of the Texas Water Conservation Association (TWCA) representing water agencies and interests throughout the state traveled to Washington, DC, to visit the Texas congressional delegation and other federal agency officials. The group aimed to ensure the state’s representatives remain aware of the priority issues facing Texas, particularly in light of the 2011 drought.

The group focused on four key issues. First, the TWCA representatives focused on concerns related to endangered and invasive species. These present threats to the development of new supplies and to continued water use in Texas. The threats of endangered species largely involve regulatory concerns and the implementation of the Endangered Species Act. Currently, the Guadalupe-Blanco River Authority is in the midst of a divisive court case involving the whooping crane. Federal agencies are listing other endangered species, and such listings will continue to jeopardize sustained water availability in the future.

Invasive species concerns are equally troubling. Mussel species in particular represent a significant risk to the operation of water facilities. Water district representatives stressed the importance of federal support for combatting the spread of these species.

Second, water district representatives highlighted the importance of the Texas State Water Plan.

Developed by the Texas Water Development Board and accepted by the state legislature, the water plan serves as the blueprint for state water development as Texas’ population continues to increase. Importantly, federal support is not limited to appropriations alone, particularly in light of heightened budget concerns.

Federal regulations can greatly hamper the ability to develop reservoirs and other water infrastructure. Water district representatives highlighted this issue to stress that appropriations are not the only way to support water availability.

Third, district representatives discussed the importance of levy certification and the national flood insurance program. There are a number of levy systems in Texas that must be maintained to ensure the continued protection of large metropolitan areas.

Finally, district representatives stressed their support for the U.S. Geological Survey (USGS) cooperative monitoring program. This program uses stream gauges throughout the state to monitor flows and reservoirs. Texas needs the federal government to continue to share in the responsibility and costs of managing this important program.

Overall, 11 senators and members of Congress spoke to the assembled group, including Senator John Cornyn (R-TX) and Congresswoman Kay Granger (R-TX), the keynote speaker.

Additionally, Assistant Secretary of the Army (Civil Works) Jo-Ellen Darcy, Bureau of Reclamation Commissioner Michael Connor, and USGS Director Marcia McNutt participated in the meeting.

Water Day 2012

J. Tom Ray is a partner at Hicks-Ray Associates in Waco, Texas.

For more information on Texas Water Day, visit the Texas Water Conservation Association’s website at www.tcwa.org/waterday.

Irrigation Leader

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Irrigation Leader 261-5774

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Keith Ferguson knows dams.

In 35 years as an engineer, he has helped evaluate, design, and construct more than 150 embankment, rock fill, and concrete dams across the country. Raised and educated in Colorado, Keith recognizes the historical importance of water infrastructure to the American West. He also knows that the era of building dams is not over as his fellow Coloradans face a new set of water supply challenges.

That’s why Keith is working to make dams smarter. Today’s new dams create offstream, multipurpose reservoirs designed to complement their surroundings, enhance habitat and stream flows, and assure water is available to benefit the national economy. Keith is helping HDR clients meet their present challenges, while safeguarding the future.

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District Focus 20

Harlingen Irrigation District Touted as Global Leader for “Good Practice Projects” in Agricultural Water Efficiencies

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suite of water conservation initiatives developed and promoted by the Harlingen Irrigation District (HID) of Cameron County, Texas, has been honored as one of nine global “good practice” projects included in a report presented to the World Economic Forum in Davos, Switzerland, last month.

A Catalogue of Good Practices in Water Use Efficiency, prepared by the Stockholm International Water Institute for the 2030 Water Resources Group, highlights agricultural, municipal, and industrial water efficiency and conservation projects that can be replicated elsewhere. The catalog defines a good practice project as one that “demonstrably improves the efficiency or productivity of water use (through water savings and/or yield increase).

It will have been implemented in the field and will have demonstrated or have the potential for transferability to other appropriate settings.”

The district, which manages 52,000 acre-feet of water for irrigation use in agricultural operations in the Lower Rio Grande Valley of Texas, was recognized for its innovation and technological advances in the area of irrigation flow control and water usage measurement.

“This project has proved that proper management, regardless of the method of irrigation, actually can produce increased yields with less water,” said HID General Manager Wayne Halbert. “Our results can be replicated across Texas and the entire world.”

In 2004, the HID was awarded a 10-year grant under the Agricultural Water Conservation Demonstration Initiative Program of the Texas Water Development Board to promote water conservation while maintaining or increasing profitability on farms. The district focused on developing a state-of-the-art water distribution network control and management system and promoting on-farm irrigation techniques in a large-scale demonstration of costeffective technologies. The district’s SCADA (Supervisory Control and Data Acquisition) system allows it to monitor and control processes distributed among various remote sites, facilitating communications between those sites and the central facility and providing the necessary data to control processes. The data provided by the flow measurement devices are helping the district move to

ADI Project Manager Tom McLemore checking 1 of the 21 LookOut HMI Control pages for the auto gate telemetry network.

Flow Meter Calibration Facility: Auto gate and acoustic level transmitter in the canal simulation flume.

Irrigation Leader

Wind generator used to power auto gate and related SCADA electronics at the Theime Road check.

Flow Meter Calibration Facility: Acoustic level transmitter and sharp crested weir in the 140-foot canal simulation flume.

volumetric pricing of irrigation water.

Supporting the SCADA system are several other initiatives: • A Flow Meter Calibration and Demonstration Facility—the first in Texas—that can simulate various options for irrigation systems, allowing for more informed decisions about irrigation techniques, and thus, water conservation. It also serves as a training center where operators can learn about pumps, automated controls, calibration of measuring tools, and water use data collection.

• Collection of on-farm flow measurement data through automatic meters installed throughout the district’s 250-mile irrigation system. The meters are tied to a telemetry system that reports pumping and flows in real time.

• A demonstration of a web-based information system that reports weather, real-time flows, and a user accounting system.

• Design of low-cost automatic gates for irrigation canals and low-cost remote telemetry units to measure water levels and soil moisture.

The HID has demonstrated it is possible to conserve water without losing money or affecting the quality of a crop. Surveys conducted in 2009 and 2010 showed that these innovative irrigation system controls and data streams achieved water savings of nearly 35 percent.

AW Blair Engineering, Texas AgriLife Extension Services, and Texas A&M University Kingsville provide consulting services for the various projects. Additional funding has been provided by U.S. Bureau of Reclamation and the North American Development Bank, and by the district and consulting partners Delta Lake Irrigation District, Netafim, and USDAEQIP. The HID was honored with a Texas Environmental Excellence Award in 2011 for its water conservation initiatives.

The Catalogue of Good Practices in Water Use Efficiency is available on the district’s website at http://www.hidcc1.org/node/16.

Flow Meter Calibration Facility: Mag meter (blue and white box in the foreground) and control valves for the meter testing manifold.

Irrigation Leader

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Water Law

New Restrictions for Sage Grouse and Access to Public Lands:

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Is BLM Closed for Business?

By Kent Holsinger

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ureau of Land Management (BLM) lands are important to irrigators throughout the West.

Many water supplies originate upon, or cross, the public lands. Access roads, power lines, recreation, and grazing allotments on BLM lands are integral to many communities and the people who depend upon them. Unfortunately, BLM is issuing new draft Resource Management Plans (RMPs) that signal BLM lands could be closed for business.

RMPs guide and define management actions, future land use decisions, and project-specific analyses on some 250 million acres of BLM lands in the West.

BLM justifies the significant revisions to its existing RMPs as being due to “new issues and higher levels of controversy” since the original plans were prepared.

Roughly 15 RMPs are currently under revision in Alaska, Arizona, California, Colorado, Idaho, Nevada, and Wyoming.

In Colorado, BLM has issued new drafts for its Colorado River Valley and Kremmling field offices.

Some of these RMPs approach 2,000 pages, with 50 pages of new restrictions and 5 pages of acronyms and abbreviations. The draft RMPs are also draft environmental impact statements under the National Environmental Policy Act. The drafts would include less land available for mineral leasing; significantly increased buffers around sage grouse leks, core areas (up to 0.6 mile), and other habitat; de facto wilderness; significantly increased buffers around raptors and eagles (up to 0.25 mile); new restrictions for prairie dogs, amphibians, fish, and recreation; buffers around streams and water supplies; timing limitations for stream crossings; new cultural restrictions and tribal consultation requirements; onerous air quality standards; and severe restrictions on mechanized travel and rights-of-way.

Some BLM wildlife restrictions go far beyond the legal standards required. For example, there are now restrictions for sensitive fish species that occur only downstream and outside of the planning areas. Timing limitations for in-channel work (i.e., road crossings, pipelines, or culverts) are proposed for “native fish”

Irrigation Leader

and “important sport fish.” BLM intends to designate lands with wilderness characteristics and, much like the U.S. Environmental Protection Agency's controversial guidance on wetlands, proposes to regulate activities in and around riparian areas and even intermittent streams.

Even more disturbing are BLM’s proposed restrictions on access to public lands. BLM now mandates that areas open to cross-country travel or “Open to Existing Routes” should instead be “Limited to Designated Routes.”

This simple change places millions of acres off limits to mechanized travel.

For example, in the Kremmling draft, BLM crosscountry travel would be slashed from 307,300 acres to only 200 acres. Thousands of acres would also be designated “Right-of-Way Avoidance Areas” and “Rightof-Way Exclusion Areas.” “No Surface Occupancy” stipulations would increase tenfold, and “Controlled Surface Use” constraints would double. For sage grouse, No Surface Occupancy would be allowed on 47,700 acres; “No Surface Uses” would be allowed from December 1 to March 15 for winter habitat (96,400 acres); and No Surface Uses would be allowed within 4 miles of active leks or mapped nest habitat (437,500 acres) from March 1 to July 15.

Citing impacts from agriculture and energy development, environmental groups have been pushing to list the sage grouse under the Endangered Species Act for years. Despite over 300 documented conservation efforts in place, the U.S. Department of the Interior determined listing the greater sage grouse was warranted but precluded by higher priorities in 2010. Ironically, in some of the RMPs, BLM recognizes that sagebrush habitat is largely intact and that there is little threat of fragmentation. They also recognize significant increases in moose, antelope, mule deer, and elk populations since the last RMP revisions.

Thanks in part to a settlement agreement with WildEarth Guardians and the Center for Biological Diversity, the U.S. Department of the Interior must make determinations on 251 candidates for listing under the Endangered Species Act. A finding on greater sage grouse is due by fiscal year 2015. A decision on Gunnison sage grouse is expected in fiscal year 2012. The plaintiffs could be collecting millions in taxpayer-funded attorneys’ fees for filing these cases.

Adding fuel to the fire, BLM and the U.S. Forest Service recently announced a national strategy on sage grouse. Key components are based on a disturbing technical report released December 21, 2011, A Report on National Greater Sage Grouse Conservation Measures.

BLM intends to incorporate the new strategy in all RMPs throughout the West. The technical report seems replete with misinformation about perceived impacts from Irrigation Leader

multiple uses. Despite the importance of these issues, the Obama Administration has allowed for little more than 30 days to comment (the deadline for scoping was February 7, 2012).

The draft RMPs are incredibly complex and onerous.

In some cases, they lack significant information and failed to include key documents, descriptions, and data necessary for informed public review and comment. Where BLM analyzed economics, its figures were inconsistent and contradictory. As a result, BLM has created a jigsaw puzzle of conflicting regulations and contradictory assumptions.

While the agencies intended to propose a national strategy on sage grouse, its basis in science is questionable, and the underlying theme implies that BLM lands will be closed for business in sage grouse habitat.

The outcome of these issues could affect irrigators for decades to come. Please consider contacting your congressional delegations to urge BLM to keep the public lands open for business. Rather than rushing to new restrictions, these issues should be thoroughly analyzed and vetted in an open public process. The voices of irrigators, and the communities that depend upon them, should be heard.

Holsinger Law, LLC, represents clients on lands, wildlife, and water law matters. Its work has been recognized in the Wall Street Journal, Washington Times, CNN.com and on National Public Radio, among many other media outlets.

Kent can be reached at (303) 722-2828 or at www.holsingerlaw.com.

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Water Law 26

Fate of 35-Year-Old Forest Road Regulations in Hands of the U.S. Supreme Court

By Tim Bishop and Chad Clamage

T

his nation is home to millions of miles of forest roads, which are used for activities like recreation, firefighting, and transporting livestock and timber. Since the passage of the Clean Water Act (CWA) in the 1970s, states have regulated these roads with “best management practices” that balance the need for road construction and maintenance with environmental protection. The states’ practices are diverse, because the nation’s forests are diverse, and the law sensibly entrusts states with determining the best ways to protect their forests in light of local conditions.

The states’ best management practices are accepted, well understood, documented, approved, and successful in protecting water quality in the nation’s forests.

But environmentalists who wish these roads did not exist are fighting tooth and nail to shut them down and thereby drive the industries that use these roads out of the forests. In a vital case that has now reached the Supreme Court, an environmental group filed a citizen suit aiming to overturn this decadesold system that governs forest roads. The suit concerns two roads in an Oregon state forest allegedly owned by the Oregon State Board of Forestry and maintained by private companies—whom we represent. The suit claims that these roads require CWA permits because, when it rains, stormwater runoff carries pollutants from the roads (principally sediment) into roadside ditches and culverts and then into streams. The key, according to the environmentalists, is that the water moves through the ditches and culverts. If the water flowed directly from the roads into the streams, then permitting would not be required, but the environmentalists argue that movement through ditches and culverts transforms the water into a “point source” under the CWA, potentially triggering permitting requirements. And they claim that the runoff is “associated with industrial activity” because timber companies (among others) use the roads. Never mind that both arguments are contrary to the U.S. Environmental Protection Agency's (EPA’s)

decades-old regulations defining the terms “point source” and “associated with industrial activity,” as well as EPA’s long-held interpretations of its regulations; the environmentalists argue that these regulations and interpretations are invalid under the CWA. A district court in Oregon correctly tossed the environmental group’s suit, ruling that CWA permitting is not required because, under EPA’s regulations, stormwater runoff is not a point source. But the liberal Ninth Circuit Court of Appeals overturned that decision, rejecting EPA’s arguments in its briefs in support of the forest products industry defendants. The Ninth Circuit held that EPA’s “Silvicultural Rule”— which defines forest road runoff not to be a point source and which has been the foundation for forest road construction and maintenance for the last 35 years—is invalid. And the court accepted the environmentalists’ theory that forest roads are “associated with industrial activity” because timber companies use them.

Obtaining one CWA permit can require years of work and many thousands of dollars. The permitting process demands public hearings and comments, extensive water sampling and testing, effluent limitations, strict technological standards, extensive monitoring, and the treatment of pollutants. And once a permit is issued, the CWA allows environmental groups to sue for violations of the permit’s terms. Violating the CWA also can carry fines up to $100,000 per day and six years’ imprisonment, and even a negligent violation can bring heavy fines and two years in prison.

Though the lawsuit itself concerns two roads in Oregon, its implications are national. Every forest road in the country used for hauling timber is at stake. It does not matter who owns these roads. In fact, the largest owner of forest roads is the U.S. Forest Service, with jurisdiction over 378,000 miles of roads. The Forest Service has estimated that the court’s decision could require it to obtain 400,000 permits, a massive 10-year undertaking. And Oregon counties, which are not even defendants in this suit, have conservatively estimated that it will cost them $56 million to obtain national permits for the 4,800 miles of roads that they own.

Apart from these costs, this perverse lawsuit Irrigation Leader

threatens to jeopardize the environment. The roads at issue have ditches and culverts precisely because ditches and culverts are part of Oregon’s best management practices and because everyone understood that using ditches and culverts would not trigger national permitting. As Oregon explained, the suit incentivizes states not to use ditches and culverts.

Yet without them, forest roads will wash out more often, leading to unsafe conditions and an increase in the amount of sediment entering streams.

Because of the national importance of this case, a broadbased coalition has emerged in support of the defendants’ efforts to obtain Supreme Court review. Attorneys general from 26 states, led by Arkansas, joined together in a bipartisan Supreme Court brief asking the Supreme Court to take the case. The National Association of Counties likewise filed a brief in support of the defendants in the Supreme Court, as have the National Alliance of Forest Owners, the American Farm Bureau Federation, the National Cattlemen’s Beef Association, and many other organizations. Congress too has acted, passing legislation that bars the processing of permits until the fall, giving the Supreme Court time to hear the case.

The Supreme Court has indicated its interest in the case by calling for the views of the solicitor general—in essence, asking the Obama administration what it thinks the Court should do with the case. The administration now faces a key decision: Will it continue to support the defendants in this litigation by filing a brief that reaffirms EPA’s regulations that have been on the books through 35 years of Republican and Democratic administrations? Or will it yield to the environmentalists, letting stand the Ninth Circuit’s jobdestroying decision that imposes a massive regulatory burden on federal and state government without any indication that permitting will protect the environment better than best management practices?

We certainly hope that the Obama administration will come Tim Bishop in on the side of the defendants.

But only time will tell.

Timothy S. Bishop and Chad Clamage are attorneys with Mayer Brown LLP, and may be contacted at (312) 701-7829, tbishop@mayerbrown.com, and at (312) 701-8090, cclamage@mayerbrown.com, respectively.

Irrigation Leader

Integrated Water Planning, Permitting, Design & Construction Services SUPPLY MANAGEMENT PERMIT COMPLIANCE OPERATION OPTIMIZATION RENEWAL & REPLACEMENT WATER QUALITY CONTROL CLIMATE CHANGE STUDIES SOURCE AUGMENTATION POWER GENERATION WATER TRANSMISSION John Maxwell, P.E. 360.570.4400 www.hdrinc.com/water

Steven L. Hernandez attorney at law Specializing in

U.S. Bureau of Reclamation Contracts and Western Water Law 21OO North Main Street Suite 1A P.O. Box 13108 Las Cruces, NM 88013

(575) 526-2101 Fax (575) 526-2506 Chad Clamage

Email:

slh@lclaw-nm.com

International

Israel Uses Advanced Approaches to Cope With Shortage, High Cost of Water

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s the American West continues to cope with the effects of drought, the advanced approaches to water management used in Israel could serve as a model for future improvements. Israel has long dealt with the impact of water shortages, with some regions of the country receiving less than 4 inches of rainfall per year.

With an increasing population, Israel has emerged as a leader in desalination and water recycling techniques to ensure continued water supply. “Israel now reclaims more than two-thirds of sewage water from municipalities to go back into irrigation,” said Dr. Dan Dvoskin, general manager of Israel’s AgroProject International, an agricultural development consulting firm.

However, these advanced techniques are costly, resulting in higher rates for water users. Costs range from 25 to 30 cents per cubic meter (more than $300 per acre-foot). To manage this expense, farmers engage in numerous water conservation techniques, mostly drip irrigation.

“Initially, we moved to sprinklers and then to drip in the 1950s and ’60s,” said Dvoskin. “In general, comparing surface irrigation to drip, you’re talking about one-third of the water for double the yield of flood irrigation.”

Water conservation measures allow farmers to maintain agricultural production despite recent reductions in available resources due to domestic growth. While each farming unit has its own water allocation that has not changed for 30 years, these units generally only receive about 50 percent of their designated quota in a given year.

There are two major types of farming operation in Israel. The first consists of large collective farms known

as kibbutzes. These operations are typically about 1,500 hectares (approximately 3,700 acres) in size.

These collective farms arose in the 1940s and ’50s due to the country’s limited resources and the inability to develop agriculture. However, in recent years these operations have moved from agriculture to industry.

“Agriculture is less than 4 percent of the total business today,” said Dvoskin. “It’s almost completely shifted to other areas.”

The second type of farming in Israel involves smaller private farming operations that are generally only 10–20 hectares (approximately 25–50 acres) in size.

These smaller farms generally consist of greenhouses rather than open fields because of the smaller parcels.

Major crops grown in Israel include cotton, corn, and industrial crops like tomatoes. Additionally, Israel boasts numerous orchards that include oranges, pears, and apples.

For more information on Agro-Project International, visit its website at www.agroproject.co.il.

Dr. Dan Dvoskin (second from left) with colleagues in Israel.

Cotton with drip irrigation in Israel.

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The Innovators

Stretching Water Supplies

Through Recycling

Recognizing the critical importance of water in the desert, Desert Water Agency began to focus on recycling efforts decades ago.

By Katie Ruark

T

oday, Desert Water Agency (DWA), a public, nonprofit agency and State Water Project contractor serving the Palm Springs, California area, continues to use recycling to protect scare water supplies while also supplying major desert industries. Approximately 10 percent of the agency’s annual production is recycled through these efforts. DWA uses this recycled water to irrigate golf courses, parks, medians, and sports play fields. However, that is not enough for this innovative agency looking to maximize recycling potential.

History of recycling

DWA’s recycling plant became operational in 1988.

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DWA and the City of Palm Springs entered into the “Water Conservation and Reclamation Agreement” in 1977 to better integrate, expand, and improve the water conservation and recycling efforts of the community.

In accordance with the partnership, both the City and DWA play an integral role in the recycling process. The City of Palm Springs operates the local sewer system and treatment plant. Following treatment at the city facility, DWA receives the influent at its recycling facility.

DWA treats the water again before it is ready for irrigation use. Phase 1 of an ultimate 15-milliongallon-per-day water recycling facility became operational in 1988. Initially, the recycling facility provided 5 million gallons daily of highly treated water for distribution to irrigate golf courses, parks, and green belts. Today, permitted capacity is 10 million gallons per day.

“DWA’s early recycling efforts are a great example of this agency’s priorities,” said Tom Kieley III, vice president of the board of directors.

“From early on, DWA was looking at pioneering ways to protect our resource in the growing desert.”

Besides conserving water, recycling also conserves energy because reclaimed water will displace pumped ground water at only 25 percent of the energy required. It also reduces the need for nitrogen fertilizers where reclaimed water is applied, resulting in less nitrogen reaching Irrigation Leader

the ground water basin. Such results leave little wonder that DWA would continue to seek innovative ways to expand recycling efforts.

New recycling efforts

A drawback of recycled water in the Coachella Valley is off-timed supply and demand. The Coachella Valley is a popular tourist destination during the fall, winter, and spring; many seasonal residents spend the summer in cooler climates. More dense population leads to greater supply of effluent. However, the demand for recycled water is significantly higher in the summer, when effluent supply is lower. To better support the needs of its customers, in 2010 DWA completed construction of a new 500,000-gallon reservoir, expanding the storage capacity of the recycling plant.

The new reservoir was completed in summer 2010. Due to the enhanced efficiency of this infrastructure, DWA has been able increase the amount of recycled water available, and thus can add new customers.

Partnerships

Most recently, DWA has partnered with Competitive Power Ventures (CPV) to ensure the success of the 800-megawatt CPV Sentinel natural-gas-fired power project just north of Palm Springs. DWA and CPV established a goal that the project would conserve more drinking water annually than it is expected to consume.

Part of the means to achieving the goal has been expansion of the recycled water program.

CPV is supplying funding to DWA that will connect the last public golf course, Indian Canyons North Golf Course, in the agency’s service area to recycled

DWA’s newly completed 500,000 gallon reservoir will expand storage capacity for recycling efforts.

Irrigation Leader

water. Construction to connect the golf course to the recycled water system was started in September 2011.

The infrastructure installation is complete, and DWA is completing the permitting process. DWA estimates that this new connection will save approximately 1 million gallons of potable water a day.

“Adding this course translates to significant potable water savings for our area,” said James Cioffi, secretary/ treasurer of the board of directors. “It is imperative that we stay ahead of the curve on our recycling efforts to continue the success we have seen with this program.”

Recycling will continue to be a vital part of the water portfolio for DWA. Expansion and partnerships like these have assisted the agency in maximizing recycled water use, and DWA continues to look for new ways to make the most of this program.

Katie Ruark is the Public Information Associate for Desert Water Agency. Katie may be reached at (760) 323-4971 ext. 184 or at kruark@dwa.org.

DWA is able to recycled approximately 10 percent of annual production.

31

Integrated Water Planning, Permitting, Design, Optimization & Construction Services

2012 CALENDAR

John Maxwell, P.E. 360.570.4400 www.hdrinc.com/water

Mar. 6–8

Nevada Water Resources Assn., Annual Conference, Las Vegas, NV

Mar. 7–9

Texas Water Conservation Assn., Annual Convention, Dallas, TX

Mar. 11–14

Nebraska Assn. of Resources Districts, Washington Conference, Washington, DC

Mar. 12–14

Utah Water Users Assn., Water Users Workshop, St. George, UT

Mar. 26–28

National Water Resources Assn., Federal Water Issues Conference, Washington, DC

May 8–11

Assn. of California Water Agencies, Spring Conference & Exhibition, Monterey, CA

May 18

Agri–Business Council of Arizona, Annual Meeting, Phoenix, AZ

Jun. 6–8

Groundwater Management Districts Assn., Summer Session, Nebraska City, NE

Jun. 13–15

Texas Water Conservation Assn., Mid–Year Conference, Horseshoe Bay, TX

Jun. 18–19

Idaho Water Users Assn., Summer Water Law Seminar & Workshop, Sun Valley, ID

Aug. 1–3

National Water Resources Assn., Western Water Seminar, Sun Valley, ID

For more information on advertising in Irrigation Leader magazine, or if you would like a water event listed here, please phone (703) 517-3962 or e-mail Irrigation.Leader@waterstrategies.com.

Submissions are due the first of each month preceding the next issue.

Past issues of Irrigation Leader are archived at

www.WaterandPowerReport.com