As a representative for Colorado Water Trust, I often get asked if our purpose is to buy and dry up agricultural water rights and land. My response to that is Colorado Water Trust is a small but highly productive nonprofit organization with a seven-person team and a $1 million core budget. We are much too small to go around purchasing water rights. But what we can do is lease water and build relationships. Being able to consider the use of temporary solutions with our over fifty project partners every year makes our work possible and puts millions of gallons of water back in rivers today.
Also in response to that question, I provide an explanation of how the majority of our projects are temporary and voluntary solutions which aim to safeguard farmers and ranchers’ water rights and provide flexibility and economic incentive. We do sometimes have permanent projects that change water rights from irrigation to environmental flow when desired by the project partners, or permanent water sharing agreements with agriculture where we may use the water rights in the fall for environmental flow instead of irrigation. But, generally, our projects are temporary and always voluntary. I explain that we make the process of working with us an ongoing conversation and relationship – not a forever done deal. And hopefully, if I have managed to keep their attention and explain it well, they are pleased to hear about the customized and supportive approach that Colorado Water Trust takes to working with agriculture.
We have several temporary arrangements in partnership with agricultural producers today. A simple explanation of how these projects work is that they typically operate in any five years of a ten-year period after we sign an agreement (per Colorado legislation). Then in winter of each year, we follow the snow-pack to predict what the flow levels will likely be at the farm or ranch’s local stream. Depending on projections, we start our conversation early in the year to determine whether extra water will be needed in the stream and if the farmer or rancher would be open to foregoing using their water for part or all of the upcoming growing season. If so, we offer reimbursement for the water at fair market value. In some cases, we offer an additional incentive bonus for running the project and/or reimbursement for any crop loss due to halted irrigation. In either case, having this conversation early in the year allows the farmer or rancher to plan their year accordingly.
Throughout this process, Colorado Water Trust staff ensures that the water is protected in this new, temporary use against abandonment or a reduction in value through the state’s use-it-or-lose-it water administration policy. And to the extent possible, we also work to ensure that the water is protected against other diverters taking it out as it flows downstream. All of this results in us being able to restore water to their local river, often transforming a small drying stream into a cool flowing waterway. This can rescue and protect stranded fish and restore surrounding ecosystems. It’s a powerful, ongoing partnership.
Many water rights owners have been skeptical of the environmental community’s perceived intentions of buying and drying up agriculture and there, historically, has been a great deal of mistrust in these types of agreements for that reason. But, it is worth noting that in recent years, we have seen a major increase in interest in these kinds of projects. Folks we never thought would be interested in working with us when I started at Colorado Water Trust 7 ½ years ago have been reaching out to talk and ask questions this past year. It’s amazing. And to top that, we are turning these projects around much faster than ever before. Negotiations and relationship building used to take several years – our first project with agriculture back in the early 2000’s took a decade to implement. Now, at times, we can turn these around within months. I attribute this success to our increased visibility and growing reputation (people are just more comfortable working with us), our project partners touting our collective success in working together throughout their communities, and our Program Team’s expertise in customizing the right solutions for differing operations. This year, our temporary agricultural water sharing projects will restore roughly 850 million gallons of water to Colorado’s rivers and streams. These projects can dramatically help maintain a healthy ecosystem – it’s important work and can save critical habitat and a generation of fish.
“Colorado Water Trust is doing something that benefits rural communities while creating flexibility within the legal system. Instead of looking at our water rights as something we can only keep or sell, Colorado Water Trust is helping us see them as another tool to make the water system sustainable. With their help, senior water rights can support rivers during low flows and be consumed on the ranch at other times while putting some money away in the bank, too.”
– Marsha Daughenbaugh
Rancher at Rocking C Bar Ranch in Steamboat Springs and Colorado Water Trust Board Member
All this to say – there is immense benefit to temporary agricultural water sharing projects. They foster an incredible amount of relationship building and help break down barriers between conservation and agriculture. This bridging of the divide between environmental nonprofits and farms and ranches cannot be underestimated. Of the water that gets diverted from Colorado’s rivers, eighty percent of it goes to farms and ranches. They are crucial partners in environmental restoration work. We also need agriculture to thrive in order to protect our local economies and access to local food, and because farmers and ranchers are some of the best stewards of our land and water because of the invaluable pulse that they keep on the health of our local ecosystems. We need each other.
Our temporary and voluntary solutions are significantly impactful. It may be difficult to understand why these solutions are important and lasting when they are not permanent. I encourage people to think outside the box and recognize the power of these kinds of temporary solutions. Not only do they prevent harmful buy and dry schemes by offering meaningful, collaborative, and flexible options to irrigators, but they are also the effective solutions that work within our current water law system. Our prior appropriation system can be complex, rigid, and difficult to navigate. But these temporary agreements between conservation and agriculture work within that system.
Consider these benefits to temporary water sharing projects with agriculture:
- Lasting, collaborative relationships forged between river restoration agencies and agriculture. These temporary arrangements allow water rights owners to test the waters of environmental partnerships before committing to something more long-term.
- Helping our local agricultural economies to endure through tumultuous climate changes and providing them the opportunity to do so in a way that can also benefit their local rivers.
- A perpetual opportunity to impact some of our smaller streams and rivers in rural areas that can be hard to gain access to but are just as important to our overall environmental health in Colorado.
- Preventing buy and dry of agriculture and the permanent acquisition of land and water by developers by supporting farms and ranches with flexible, voluntary, and economically beneficial solutions.
- Guiding future legislation by showcasing how effective temporary solutions can be to encourage permanent state policies that support these kinds of agreements and offer increased flexibility for all parties.
As is often said about Colorado Water Trust – we are a do-tank, not a think-tank. We get a lot done within our current water law system. We have restored well over 24 billion gallons of water to Colorado’s rivers and streams throughout the last 23 years. We have built up our reputation among the agricultural community and are getting projects on the ground faster than ever before in ways that benefit both our farms, ranches, AND our rivers. We believe strongly in the lasting impacts of these relationships and projects. Because, with the threat of climate change upon us and a decreasing water supply, there has never been a more important time to build permanent bridges for the benefit of our people and our environment.
Dana Hatlelid
Deputy Director
dhatlelid@coloradowatertrust.org
720.570.2897 ext 3