RRBC VISION RRBC MISSION

RRBC VISION A Red River Basin where residents, organiza:ons and government work together to achieve basin-­‐wide commitment to comprehensive integrated watershed stewardship. RRBC MISSION To develop a Red River Basin integrated natural resources framework plan (vision); to achieve commitment to implement the framework plan; and to work toward a unified voice for the Red River Basin. WATER ISSUES: SUPPLY & DROUGHT •  Overview: Morrie Lanning •  Water Availability: Facts and Data –  “Climate Cycles and Projec2ons” Mark Ewens, NWS –  “Water Supplies and Sources” Harvey Thorleifson, MN GS. •  “Water Availability” – Approaches , AlternaOve and OpOons –  “Jurisdic:onal Approaches” Lance Yohe, RRBC –  “AlternaOve Approaches Rhonda McDougal, MB Cons/WS –  “Future OpOons” Morrie Lanning LAKE WINNIPEG WATERSHED
4 RIVER SYSTEMS 2 MAJOR LAKES
Watershed 953,250 sq/km Lake Winnipeg 24,387 sq/km Watershed PopulaOon 6.6 million HOW DO YOU MANAGE A
BASIN THIS SIZE—JANOS
50,000 – 70,000 SQ/KM
2 COUNTRIES
4 PROVINCES
4 STATES
G Datasource: my kids LAKE WINNIPEG WATERSHED
RED RIVER CONTRIBUTIONS
VOLUME FLOWS Red -­‐ Assiniboine Rivers account for 57.89% Phosphorus Input BASIN EXTREMES
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CLIMATE—Semi-­‐Arid Region LIMITED SW & GW POPULATION – WATER MISMATCH GROWTH (Popula:on-­‐Industry) COMPETING USES (Ag, Industry, people, nature) – no low flow limits WATER LAW (Riparian/Prior Appropria:on) INTERNATIONAL BOUNDARY (1909 Treaty) NO RED RIVER APPORTIONMENT AGREEMENT STUDIES FOR TRANSFERS (Inter-­‐Basin) • 
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Spring of 2004 More cfs flows in parts of the basin than in 1997 10 ND Coun:es and Spirit Lake Reserva:on declared flood disaster areas Similar flooding in southern Manitoba Southern por:on of basin in drought condi:ons ARE THESE NEW PROBLEMS? NO!
HISTORY HISTORY -­‐ Too much 10,000 Yrs. Ago Too Lihle 600 years ago -­‐ 1200-­‐1400 AD Westerlies SUMMER WINTER 200 YEARS of DROUGHT ARCHEOLOGY OF THREE MILL CREEK SITES “Climates of Hunger”, Bryson & Murray, 1977
Formed Red River Basin around 10,000 Years Ago INCREASE HUMAN POPULATION IN 1800’s •  367,000 sq. miles at various :mes Stress on the water resources •  700 miles long 700 miles wide Flood economic damages increase •  700 feet deep at Winnipeg Supply and quality concerns HISTORY: 200 YEARS AGO
70 YEARS AGO
MOVING ON LEGAL ISSUES
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1909 Boundary Treaty The Interna2onal Boundary Waters Treaty Act, between Great Britain (on behalf of Canada) and the United States outlines principles and guidelines for the management of boundary and trans-­‐boundary waters by Canada and the United States. The primary objecOve is to help resolve disputes and to prevent future ones, primarily those concerning water quanOty and water quality along the boundary between Canada and the United States. East / West Water Law MB, MN, and ND all operate with different water law. IRRB: INTENATIONAL RED RIVER BOARD
(IJC)
•  ApporOonment – NO agreement exists on the Canada – U.S. boundary for the Red River. –  Lack of stable flows –  Boundary Waters Treaty – Quality not QuanOty –  WaiOng for RRBC JurisdicOonal Effort as Means to Share Water •  In Stream Flow –  Currently: Study Underway WATER LAW ANALYSIS
•  How Water is Used –  Who gets permits –  MN, MB, ND & SD all grant permits independently •  How Water is Allocated –  During Droughts •  What is Different Between JurisdicOons •  ImplicaOons for the Future MANITOBA’S APPROACH
WATER DOCTRINE
Prior Appropria:on -­‐ First in Time, First in Right –  Licensed under Manitoba Water Rights Act –  Act prioriOzes order of use –  Latest licensed first cut off in Ome of shortage –  No change in enOtlement with changing water supply MANITOBA’S APPROACH
CONSERVATION & USE
•  Water conservaOon/shortage recognized in Water ProtecOon Act •  Minister may declare a serious water shortage •  AcOons may be taken to prevent or alleviate water shortage •  Any orders or regulaOons prevail over WRA license or permit •  If licensed allocaOons are cancelled or reduced compensaOon may be required •  Water ProtecOon Act also allows for Minister to make regulaOons respecOng water conservaOon MANITOBA’S APPROACH
IN STREAM FLOW
•  In-­‐Stream Flows must be considered in licensing decisions under Water Rights Act •  License may be suspended or restricted if In-­‐
Stream Flows are insufficient •  Intermikent Streams – use Provincial In-­‐Stream Flow Method •  Perennial Streams (Significant Development)– Use methods to address hydrology, biology, connecOvity, geomorphology and water quality MANITOBA’S APPROACH
PPWB APPORTIONMENT AGREEMENT
•  Based on the principle of equal sharing of water •  Alberta and Saskatchewan may each take half of the natural flow originaOng within their boundaries and half of flow entering province MINNESOTA’S APPROACH
WATER DOCTRINE
based on the common law doctrine of riparian
rights modified by the concept of reasonable use.
If you own land abutting a surface water source or overlying a
groundwater source you have the reasonable right to use the
resource subject to the rights of other riparian landowners.
Reasonable use defined by statutes and rules that guide
issuance water appropriation permits. Established by the
legislature in 1937
Provide a water policy for the state that balances the
development and protection of the State’s water resources
MINNESOTA’S APPROACH
PRIMARY PROGRAM ELEMENTS
MINNESOTA’S APPROACH
CONSERVATION & USE
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ConsumpOve less than 10,000 gallons/day 3. DomesOc water supply 4
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Power producOon 5
. ConsumpOve uses in excess of 10,000 gallons/day Agricultural irrigaOon & processing 6.
Non-­‐essenOal uses MINNESOTA’S APPROACH
IN STREAM FLOWS
Surface Water
 Protected Flows and Elevations
  Wetland Requirements
Ground water
 Safe Yields
 Mt. Simon-Hinckley - Sole Source
Special Protection
 Trout Streams – temporary uses only
 Calcareous Fens – no degradation
 Endangered Species
MINNESOTA’S APPROACH
STREAM FLOW REPORT
SEPTEMBER 8, 2003
NORTH DAKOTA’S APPROACH
WATER DOCTRINE
• A Prior Appropria:on State •  Water belongs to the state •  First in Time -­‐ First in Use •  Use It OR Lose It •  Some type of works required •  All use, except domesOc and livestock, requires a permit NORTH DAKOTA’S APPROACH
Criteria for Issuance of a Conditional Permit WATER DOCTRINE
Rights of prior appropriators will not be unduly affected Proposed means of diversion is adequate Proposed use of water is beneficial Proposed appropriaOon is in the public interest • Harm to other persons • Effect on fish, game, recreaOonal opportuniOes • Intent and ability of the applicant to develop NORTH DAKOTA’S APPROACH
IN STREAM FLOW
•  ND: in stream flow is not a beneficial use •  Other western states permit in stream flow, but priority date sOll rules NORTH DAKOTA’S APPROACH
CONSERVATION
•  No specific requirement •  Regional systems: cost-­‐effecOve means of achieving conservaOon •  State Promotes Water ConservaOon SOUTH DAKOTA’S APPROACH
WATER DOCTRINE
• A Prior Appropria:on State •  Water belongs to the state •  First in Time -­‐ First in Use •  Use It OR Lose It •  Some type of works required •  All use, except domesOc and livestock, requires a permit SOUTH DAKOTA’S APPROACH
IN STREAM FLOWS
•  SD: in stream flow is not a beneficial use •  Other western states permit in stream flow, but priority date sOll rules SOUTH DAKOTA’S APPROACH
CONSERVATION
•  No specific requirement •  Regional systems: cost-­‐effecOve means of achieving conservaOon •  State Promotes Water ConservaOon Red River Basin Commission’s Drought Preparedness Strategy Abul Kashem MB Water Stewardship & RRBC Drought WG Assistance: Lance Yohe, Ex. Dir. RRBC Ohawa: October 18, 2008 RRBC: DROUGHT SCOPING DOCUMENT
OUTLINE
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Study Scope Need Current CondiOons Work Plan Drought Process Drought ConservaOon/Sop Path RRBC: DROUGHT SCOPING DOCUMENT
STUDY SCOPE
•  Examines exisOng water laws and regional drought approaches •  Outlines a process to develop basin-­‐wide drought strategy RRBC: DROUGHT SCOPING DOCUMENT
NEED FOR BASIN DROUGHT STRATEGY
•  Red River Basin is a semi-­‐arid watershed •  Limited surface and groundwater supplies •  No binding agreements or arrangements between the jurisdicOons for sharing of water •  Each jurisdicOon operates within owns laws and regulaOons RRBC: DROUGHT SCOPING DOCUMENT
CURRENT CONDITIONS
•  Minnesota permiqng plan –  Permit suspensions •  North Dakota State Drought OrganizaOon (SDO) •  Manitoba water law –  Water ProtecOon Act –  Drought Management and Preparedness Plan •  Local and Regional Drought Management Plans –  ConservaOon programs –  Fargo/Grand Forks –  Moorhead •  State and Provincial Drought Management Plans –  ImplemenOng each jurisdicOons’ water law –  Pre-­‐established priority order RRBC: DROUGHT SCOPING DOCUMENT
WHAT IS NEEDED?
•  A strategy plan is needed to address quesOons in order to: –  Point out how each jurisdicOon would operate under the given condiOons. –  Explore avenues for cooperaOon. –  Define a process for this cooperaOon. –  Develop a strategy for informing the public. –  Explore other related topics that show what the basin enOOes can do. RRBC: DROUGHT SCOPING DOCUMENT
STRATEGY & RECOMMENDATIONS
The ul:mate goal is increased and enhanced drought coopera:on and coordina:on between basin en::es. Process for the Immediate Future •  Short Term Strategy for Extended Drought-­‐-­‐Underway Conserva:on-­‐Son Path Approaches •  New Ways of Thinking and AcOng-­‐-­‐Underway Full Basin Wide Drought Plan with Modeling •  Basin Drought Strategy •  Integrated AcOons –  Flood storage and water supply –  Some storage with NRE benefits Jurisdic:onal Interest LEADERS TODAY CHANGE TOMMORROW
Decisions Today For Tomorrows' Problems Basin Solu:ons Equitable Solu:ons Legacy Children & Grandchildren