Buy Me a River: Purchasing Water Rights to Restore River Flows in the Western USA

Abstract

Research Impact Statement: River flow restoration is needed to stem widespread aquatic species declines but much greater public/private funding and transactional expertise is needed.ABSTRACT: In recent decades, public and private environmental entities have been purchasing or leasing water rights across the Western United States (U.S.) in efforts to restore river flows and aquatic ecosystems. The need to pay for flow restoration arises from the fact that state governments did not begin to reserve water for instream purposes until the 1970s, long after water rights had become over-appropriated and flows were substantially depleted in most rivers. As a consequence, flow depletion has become the leading cause of fish endangerment in the U.S., including the imperilment of two-thirds of all native fish species in the Colorado River system. This paper takes stock of the progress made in buying water for the environment, specifically by reviewing and analyzing more than 50 transactions executed by public and private entities and the sources of funding underpinning these transactions. We conclude that nongovernmental actorssuch as environmental organizations and state water trustsare integral to regional efforts to restore river flows; these nongovernmental actors executed more than two-thirds of the transactions we documented. However, we also conclude that the long-term success of these nongovernmental actors depends upon the availability of sustained public funding that enables them to build capacity and engage in the large number of transactions needed to restore flows across each state.(

Wetland Conservation: Challenges Related to Water Law and Farm Policy

“…However, we are unaware of studies that quantify water costs and the role of subsidies in affecting those costs across the United States. Similarly, the actual economic value of water is difficult to determine because of the paucity of water markets (D'odorico et al 2020), although water markets can facilitate water rights trade (i.e., water markets) among users and can be beneficial for conservation efforts (Kendy et al 2018;Richter et al 2020b). Richter et al (2020b) and Szeptycki et al (2015) provide excellent syntheses of the financial costs and administrative and legal challenges of purchasing environmental flow rights.…”

“…Similarly, the actual economic value of water is difficult to determine because of the paucity of water markets (D'odorico et al 2020), although water markets can facilitate water rights trade (i.e., water markets) among users and can be beneficial for conservation efforts (Kendy et al 2018;Richter et al 2020b). Richter et al (2020b) and Szeptycki et al (2015) provide excellent syntheses of the financial costs and administrative and legal challenges of purchasing environmental flow rights. Some progress in securing environmental flows has been made (Kendy et al 2018), and the ability to lease or purchase water rights can improve water use and provide important environmental benefits (Richter et al 2020b).…”

“…The severity of the impact typically increases as the magnitude of the shortfall increases. Water law bounds the viable resolution of water shortages, which can constrain or enhance conservation opportunities (Richter et al 2020b). Thus, a basic understanding is foundational for conservationists interested in solving water issues.…”

“…Seniority of the water right is particularly important because, in the strictest sense, during periods of shortage, fulfillment of senior water rights occurs prior to any junior water rights. Consequently, even though environmental uses may be deemed beneficial, these rights are often junior to traditional uses and often are not implemented on over-allocated streams, particularly in watersheds dominated by intensive agriculture (Smith 2019;Richter et al 2020b). Hybrid models of water rights take components of the riparian and prior-appropriation models, but which components are incorporated varies among the states using a hybrid approach.…”

Evaluating Irrigation Efficiency: Toward a Sustainable Water Future for Montana

“…Montana Department of Fish Wildlife and Park, Trout Unlimited, and the Clark Fork Coalition. Some Western states, such as Colorado, Oregon 51,52 and California have legal frameworks or programs for temporary water leasing where producers can choose to lease a portion of their water rights temporarily, generally later in the growing season or during drought. This strategy can free up water for other uses and provides producers with alternative income at a time when full-scale crop production might be difficult.…”