oklahoma associaton of reclamation projects upstream water rights.pdf · 2016. 8. 19. ·...
TRANSCRIPT
OKLAHOMA
ASSOCIATON OF
RECLAMATION
PROJECTS
August 18, 2016
OK Association of Reclamation Projects
Who are We?
Arbuckle Lake
Tom Steed Reservoir
Fort Cobb Reservoir
Lugert-Altus Foss Lake
Thunderbird Res
Waurika Lake
ARBUCKLE LAKE
• 1950’s – water use had increased considerable as population and industry in the area expanded
• Water wells were going dry, wildfires, etc.
• Civic leaders formed the Murray County WaerResources Committee ( later the Southern Oklahoma Development Association)
• Goal to begin surveys for new water supplies
• 1962 John Kennedy authorized construction
• Ardmore, Ardmore Airfield, Suplhur, Davis, Wynnewood, Kerr-Mcgee refinery and lands for wildlife management
"Whenever the proper officers of the United States, authorized by
law to construct works for the utilization of waters within the state,
shall notify the State Engineer that the United States intends to
utilize certain specified waters, the waters so described, and
unappropriated at the date of such notice, shall not be subject to
further appropriation under the laws of this State, for a period of
three years from the date of said notice, at which time the proper
officers of the United States shall file plans for the proposed works
in the office of the State Engineer for his information, and no
adverse claim to the use of the waters required in connection with
such plans, initiated subsequent to the date of such notice, shall be
recognized under the laws of the State, except as to such amount
of the water described in such notice as may be formally released
in writing by an officer of the United States, thereunto duly
authorized; . . . .”
Title 82 Okla. Statutes, Sec. 91
(1951)same as Okla. Territorial Statute from 1905
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May 4, 1955 U.S. Notice of
Withdrawal –
continued
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1971 Contract – continued
Reduction of inflows into reservoir by upstream state authorized uses
during periods when water in reservoir is below top of conservation pool
reduces firm (dependable) yield of water supply
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• Surface water is considered to be publicly-owned and subject to appropriation by the OWRB:
• “First in time, first in right”
• “Beneficial use is basis and limit of the appropriation right”
• Protection of domestic uses
• Prevent speculation
• Preserve water for future needs
Oklahoma’s Surface Water
Law
• Considered private property that belongs to the overlying surface owner, although subject to “reasonable” regulation
• Amount apportioned based upon the amount of land owned:
• default = 2 acre-feet of water per acre of land
Oklahoma’s Groundwater
Law
Western OK Reclamation Projects
OWRB issued hundreds of
additional PT permits during 2010-15 drought when
reservoirs were at record low levels.
IMPACTS
Who was and is impacted ?
Millions of dollars in
investments (both state and
federal).
Community/Major User
Impacts
• Tom Steed (Mountain Park)
• Foss Reservoir
• Ft. Cobb Reservoir
• Waurika Lake
• Lake Thunderbird
• Lake of the Arbuckles
• Lugert-Altus
Fish/Wildlife &
Recreation/Tourism Impacts
Agriculture Impacts
Why Now?... New Vulnerabilities
1.Growth in water use and increasing competition for limited water resources
2.Drought
Oklahoma’s Precipitation History (1895-2015)
Even extreme drought episodes are routinely interrupted
by annual periods of above normal rainfall.
We anticipate that drought episodes will be a
normal part of our future climate.
1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s 2000s
Millennial Drought
in the Great PlainsData from tree-ring PDSI
analysis of Great Plains
Region.
Next Steps…•Both OARP and individual Districts investigating numerous legal and/or negotiation options.
•Work with Reclamation to leverage mutual technical and legal resources
Oklahoma’s Reclamation Projects must obtain relief from state’s upstream water rights policy.
Technical Resources (Examples)•Basin Hydrology Studies
•Upper Red River Basin Study
•Upper Washita Study
• Foss Reservoir Drought Contingency Plan (& Arbuckle-Simpson DCP)
•Waurika Lake Drought Resiliency Grant
• Lake Thunderbird Water Reuse
Oklahoma’s Reclamation Projects must obtain relief from state’s upstream water rights policy.
Legal Options•Work with State Legislature
• File lawsuit in state court
• File lawsuit in federal court (against state)
•Work on declaratory agreement
Oklahoma’s Reclamation Projects must obtain relief from state’s upstream water rights policy.