FY 2003 Columbia Cascade proposal 29001

Additional documents

TitleType
29001 Narrative Narrative
29001 Sponsor Response to ISRP Response
29001 Powerpoint Presentation Powerpoint Presentation

Section 1. Administrative

Proposal titleEvaluation of 1872 Water Rights to Supplement Flows Between Basins
Proposal ID29001
OrganizationConfederated Tribes of the Colville Indian Reservation (CCT)
Proposal contact person or principal investigator
NameGary Passmore, Steve Suagee
Mailing addressP.O. Box 150 Nepelem, WA 99155
Phone / email5096342426 / gary.passmore@colvilletribes.com
Manager authorizing this projectGary Passmore/Steve Suagee
Review cycleColumbia Cascade
Province / SubbasinColumbia Cascade / Okanogan
Short descriptionDevelop a known data base to prioritize availble CCT 1872 water rights which may be transferred, (if abandoned, or purchased if availvalble), and placed into trust to supplement instream flows, both within or transferred between sub-basins.
Target speciesSpring Chinook (Upper Columbia River Spring Chinook ESU), Steelhead (Upper Columbia River Steelhead ESU),
Project location
LatitudeLongitudeDescription
48.29 -119.59 The Project Area is the western extent of the Colville Indian Reservation, that portion located within the Okanogan Basin watershed. See Figure 1 in Part 2.
48 -119.7
Reasonable and Prudent Alternatives (RPAs)

Sponsor-reported:

RPA
151
154

Relevant RPAs based on NMFS/BPA review:

Reviewing agencyAction #BiOp AgencyDescription
NMFS Action 154 NMFS BPA shall work with the NWPPC to ensure development and updating of subbasin assessments and plans; match state and local funding for coordinated development of watershed assessments and plans; and help fund technical support for subbasin and watershed plan implementation from 2001 to 2006. Planning for priority subbasins should be completed by the 2003 check-in. The action agencies will work with other Federal agencies to ensure that subbasin and watershed assessments and plans are coordinated across non-Federal and Federal land ownerships and programs.

Section 2. Past accomplishments

YearAccomplishment
2001 CCT has initiated a water resource planning project for the Omak Creek Drainage. Data will be utilized in this proposed project

Section 3. Relationships to other projects

Project IDTitleDescription
Develop a water strategy for Okanogan Basin The evaluation of availble water rights to be placed in a trust account for potential transfer to instream flows is part of an innovative approach to an overall water strategy in the Okanogan Basin.
Assement of tributary habitat for steelhead and spring chinook production Transfer of water to instream flows in tributaries will assist in the evaulation of potential steelhead and spring chinook production.
Prioritize and implement tributary action items from LFA Low flows and high temperatures are identified as limiting factors. Transfer of water within or to adjacent basins will assist in over coming limiting factors.
Omak Creek Temperature model Transfer of groundwater from suspended water rights can be transferred to assist in achieving lower temperatures in Omak Creek to support steelhead and summer chinook habitat.

Section 4. Budget for Planning and Design phase

Task-based budget
ObjectiveTaskDuration in FYsEstimated 2003 costSubcontractor
1. Identify Availble Water Rights a. Project Management 1 $7,000
b. Construct GIS Database 1 $26,000
c. Prioritize Water Right 1 $6,000
d. Evaluate Feasibility and Beneficial Use of returning water right to trust account 1 $28,000 Yes
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
1. Identify Availble Water Rights and place into trust as arise 2004 2004 $10,000
2005 2005 $12,000
2006 2006 $14,000
2007 2007 $16,000
Outyear budgets for Planning and Design phase
FY 2004FY 2005FY 2006FY 2007
$10,000$12,000$14,000$16,000

Section 5. Budget for Construction and Implementation phase

Task-based budget
ObjectiveTaskDuration in FYsEstimated 2003 costSubcontractor
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
Outyear budgets for Construction and Implementation phase

Section 6. Budget for Operations and Maintenance phase

Task-based budget
ObjectiveTaskDuration in FYsEstimated 2003 costSubcontractor
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
Outyear budgets for Operations and Maintenance phase

Section 7. Budget for Monitoring and Evaluation phase

Task-based budget
ObjectiveTaskDuration in FYsEstimated 2003 costSubcontractor
1. Monitor Benefits from Water Transfer a. Collect stream flow data 3 $5,000
b. Evaluate data 3 $5,000 Yes
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
1. Evauate beneficial use of placement of availble water right into trust and Monitor Benefits from Water Transfer which were enacted 2004 2004 $41,000
2005 2005 $45,000
2006 2006 $48,000
2007 2007 $52,000
Outyear budgets for Monitoring and Evaluation phase
FY 2004FY 2005FY 2006FY 2007
$41,000$45,000$48,000$52,000

Section 8. Estimated budget summary

Itemized budget
ItemNoteFY 2003 cost
Personnel FTE: Project Manager (.15 FTE), Water Resource Coordinator (.2 FTE), GIS Technician (.2 FTE), Technician $34,300
Fringe $9,900
Supplies Misc. Field supplies for stream measurements $1,500
Travel Mileage, truck and gas $1,800
Indirect Office reproduction, office supplies $1,500
Subcontractor Engineering firm to evaluate feasibility of transferring water rights to trust to supplement flows $28,000
$77,000
Total estimated budget
Total FY 2003 cost$77,000
Amount anticipated from previously committed BPA funds$0
Total FY 2003 budget request$77,000
FY 2003 forecast from 2002$0
% change from forecast0.0%
Cost sharing
OrganizationItem or service providedAmountCash or in-kind
Colville Confederated Tribes Labor $15,500 in-kind
Colville Confederated Tribes Equipment (Field equip, GIS, etc.) $3,750 in-kind

Reviews and recommendations

This information was not provided on the original proposals, but was generated during the review process.

Recommendation:
Fundable only if response is adequate
Date:
Mar 1, 2002

Comment:

A response is required for the timeline for planned work through the funding period, particularly whether there will be any implementation of water acquisitions and/or transfers and why monitoring is proposed if there is no implementation.

This is a proposal to develop a GIS database of the water rights in the western portion of the Colville Reservation. The overall objective is to obtain water to restore stream flows and lower water temperatures in order to aid bull trout (threatened), steelhead (endangered) and spring chinook salmon (extirpated but habitat available) and summer chinook salmon (depressed). The project would identify and evaluate water available to supplement flows. The tribe owns some water rights and proposes to obtain more from this process. From this, it is proposed to examine the possibility of establishing a water trust and a brokerage to manage water use. Once the existing rights and evaluations are catalogued, actions can be taken to obtain or transfer the rights for benefit of fish. Transfer to adjacent basins may be considered. In addition to the cataloguing, the project would conduct field inventories to assess water withdrawals. Once the catalogue is completed and actions taken to acquire water for fish, the project plans to collect and analyze stream flow data to verify uses.

The proposal is concise and generally well written. The project generally meets the ISRP evaluation criteria. A benefit to fish can be expected if water is actually obtained and/or transferred. There is careful and thorough justification in terms of the FWP, BiOp, the FCRPS Implementation Plan, and the Subbasin Summary. The project is a specific response to a call for innovative ideas for "water brokering." Relevant existing projects in the basin are listed in a table. The planning and monitoring objectives and tasks are well presented. Specific information to be catalogued is listed along with some of the sources of information. The objectives and tasks do not include any implementation (actually obtaining water and making water transfers). There is a plan for monitoring following implementation, however. Key personnel are described in good resumes. Facilities for the work will be available from the CCT (which will cost share), except for minor office equipment and supplies.

Important questions remain, which need to be addressed in a response. The main question is whether any implementation in the form of actual water acquisition or transfers are to be done under this project. Although the main objective is to do the inventory and related planning, it is not clear how many of the follow-on implementation options, if any, will be pursued in the 3-year period of funding, and when they would be accomplished (the project timeline goes to 2007). The presentation suggested that water transfer from No Name Creek aquifer to Omak Creek might occur soon. A monitoring section is included in the proposal for after implementation.

If implementation is to occur as part of this work, the planned physical water transfers are not clear. How is the water to be physically transferred, if any? Is it all on paper to allow more instream flow above Enloe Dam and possibly in Salmon and Omak Creek? Does that assume there is unclaimed water in the recipient basin that could serve as the water right from the donor? This seems to be unlikely. Just taking Salmon Creek as a sample, in that basin water rights apparently amount to about twice the annual flow out of the watershed. Or is the proposal talking about an actual movement of water by canal or pipeline from one basin to another? The review team became confused over just how much implementation is included, if any.

Although monitoring is included in the proposal (somewhat strange, if there is to be no implementation), a more detailed M&E plan is needed to monitor and evaluate the biological benefits (in addition to flow and temperature) of the project, assuming the work goes beyond inventory and into actual flow changes. If the monitoring is being conducted as part of another project, then the proponents need to describe the methods in detail or provide references to published documents. The software for monitoring was not clearly described.

In summary, the ISRP review team needs a clearer presentation of the logical sequencing of this work and how much planning, implementation, and monitoring is actually proposed for this 3-year contract period.

By way of information, the ISRP team suggests that the proponents look at the proposal #25074, Deschutes Water Exchange - see especially preliminary ISRP review. Do some of the comments and 7 questions apply here? See http://www.cbfwa.org/files/province/plateau/projects/25074.htm#reviews.


Recommendation:
High Priority
Date:
May 17, 2002

Comment:

This is an assessment project to determine possible water reallocation to instream flows. Would reduce illegal taking of water rights. Stream flow data is being collected at several sites within the basin already question the need for additional data? The project sponsor reduced the budget by $38,000 by transferring the water rights without using a subcontractor. The budget has been reduced to reflect this. This project has been identified as a potential BiOp project by NMFS.
Recommendation:
Fund
Date:
Jun 7, 2002

Comment:

Fundable. This is a proposal to develop a GIS database of the water rights in the western portion of the Colville Reservation. The overall objective is to obtain water to restore stream flows and lower water temperatures in order to aid bull trout (threatened), steelhead (endangered) and spring chinook salmon (extirpated but habitat available) and summer chinook salmon (depressed). The project would identify and evaluate water available to supplement flows. The tribe owns some water rights and proposes to obtain more from this process. From this, it is proposed to examine the possibility of establishing a water trust and a brokerage to manage water use. Once the existing rights and evaluations are catalogued, actions can be taken to obtain or transfer the rights for benefit of fish. Transfer to adjacent basins may be considered. In addition to the cataloguing, the project would conduct field inventories to assess water withdrawals. Once the catalogue is completed and actions taken to acquire water for fish, the project plans to collect and analyze stream flow data to verify uses.

The proposal is concise and generally well written. The project meets the ISRP evaluation criteria. A benefit to fish can be expected if water is actually obtained and/or transferred. There is careful and thorough justification in terms of the FWP, BiOp, the FCRPS Implementation Plan, and the Subbasin Summary. The project is a specific response to a call for innovative ideas for "water brokering." Relevant existing projects in the basin are listed in a table. The planning and monitoring objectives and tasks are well presented. Specific information to be catalogued is listed along with some of the sources of information. The objectives and tasks do not include any implementation (actually obtaining water and making water transfers). There is a plan for monitoring following implementation, however. Key personnel are described in good resumes. Facilities for the work will be available from the CCT (which will cost share), except for minor office equipment and supplies.

The response was a helpful expansion of the proposal. The concerns of the ISRP are satisfied. The project is an innovative approach to obtaining instream flows, making use of the Tribes' unique treaty rights.

First, the response from the Office of Reservation Attorney was especially helpful in clarifying the significance of the year 1872 and logic behind the spatial extent of the proposal. Although this aspect had been somewhat confusing to reviewers, the ISRP did not question it, as it seemed outside our purview. Nonetheless, the history was interesting and helpful for clarifying the intent of the proposal. We suggest that similar material be used in the background sections of future proposals.

The matter of "unclaimed" water rights was clarified sufficiently. As the ISRP understands from the response, the issue is not so much a matter of fully unclaimed rights but rights that were claimed by someone other than the Tribes, even though the Tribes had the legal right to claim them. In this world of claims generally exceeding the amount of water available, it seemed unlikely that any water would have been unclaimed (by somebody). The proposal seems to be a reassertion of water rights that the Tribes should have claimed based on the 1872 treaty.

The timelines are appropriate for a project that is somewhat exploratory. The first year's results will necessarily set the tone for the subsequent years, which will include as much implementation as can reasonably be initiated. Most implementation will be transfer of rights to the trust account.

The implementation objectives are logical. It appears that physical movement of water between basins is unlikely to occur in the 3 years of this funding, but is not ruled out if opportune.

The ISRP remains concerned that the monitoring does not extend from physical monitoring to biological monitoring (but this should not prevent funding). The water quality monitoring is fine. We are still not sure how the benefits to fish will be quantified, although we agree that improved flow, water quality, and instream habitat should lead to more fish. Regional approaches to establishing effectiveness for fish should be sought.

There are overlaps with proposal 29032 that are discussed under that project. The responses clarified both differences and similarities between the projects. Consideration should be given to combining these proposals, with the 1872 water rights investigation perhaps being considered a task for proposal 29032.


Recommendation:
Date:
Jul 19, 2002

Comment:

Statement of Potential Biological Benefit to ESU
Indirect effect. Proposal is to catalogue existing water rights as initial platform to identify and propose potential water right acquisitions to place in trust for instream flows. No water right purchases are proposed at this time. A benefit to fish can be expected if water is actually obtained and/or transferred.

Comments
Proposal is for an initial assessment of existing water rights and evaluation of the benefit of converting water rights to instream flows. It provides a beneficial opportunity to link water transfers to recovery efforts. No water appears to be purchased through this project.

Already ESA Req? No

Biop? Yes


Recommendation:
C
Date:
Jul 26, 2002

Comment:

Recommend deferral to Subbasin Planning
Recommendation:
Do Not Fund
Date:
Oct 30, 2002

Comment: