The Scott River Water Trust is a
solution in search of funding. The problem is: during late summer and early fall, low
water levels in some streams limit the amount of rearing and spawning habitat available
for anadromous fish, (coho and Chinook salmon and steelhead trout.) An answer is: to raise
water levels to accomplish specific flow targets that will increase habitat when needed
for critical stages of fish life. The approach is: to solicit voluntary temporary
dedication of water to the stream in exchange for a fair compensation at least equal to
the value of the water had it been applied to the land.
We now understand much better how fish use the Scott River watershed
during their different life stages. For instance, we know that the fish need 25-30 c.f.s.
(cubic feet per second) of fall flows at the USGS gage to travel up the canyon to spawning
areas in the valley. We know that a total flow of around 17 c.f.s. is needed at French
Creek and at Shackleford Creek for connectivity with the mainstem Scott River. In most
cases, it takes anywhere from and additional .5-2 c.f.s. in specific reaches from July to
the end of the irrigation season in October, (or when the rains come,) to meet targeted
flows for rearing and spawning.
Scott River water use rights are governed by a formal adjudication
(Siskiyou County Superior Court) establishing volumes and priorities of surface water and
associated groundwater use in various reaches throughout the system. A legal analysis has
been completed for the Trust concept working with the adjudication to create a decision
tree which asks such questions as: Does the stream provide habitat? Are there sufficient
natural flows to meet targets? Are there willing participants? Can they demonstrate the
recent use of water? Are there concerns that non-participants can use any water dedicated
under their adjudicated right? These questions will help determine the best candidates for
the program.
Although some of the adjudicated rights are riparian and cannot be
lost from non-use, many are early appropriative rights that date back as far as the gold
rush era. Such rights can be lost from nonuse - claimed by another diverter after five
years (statute of limitations.) Since it has been almost impossible to get a permanent
dedication of water through the legal process, the Water Trust proposes to use “forbearance
contracts” that run from one to three years. Most will take the form of a split
season lease, allowing the participant to soak with flood irrigation in the plentiful
months from April through June, with cessation of all irrigation as of July or after the
second pasture cutting. (Alfalfa and pasture are perennial crops with seven and twenty
year productivity spans respectively. This may
have some long term impacts on the productivity of the crop.) Stockwater diversions run
all year round. Ranchers could find alternative sources of water during critical periods
under forbearance agreements.
An economic study is being completed by WestWater Research on the
economic valuation of agriculture water in Scott Valley for crops and livestock. The study
will also examine appropriate funding sources from a special district to grants or an
endowment fund that will provide sustainable funding for the Trust. For instance, it is
estimate that a $2 million endowment would yield approximately $80-100,000 in interest.
This might secure an additional 7-9 c.f.s. in the tributaries from forebearance agreements
on irrigation of marginal pasture and stockwater diversions. (The cost of forbearance on
alfalfa crops would be considerably more as a higher valued crop.) Single year contracts
would vary according to the type of water year and consequential value of that year’s
water to the fish. Multiple year forbearance agreements would most likely be based on an
average water year.
The sooner a source of funding steps forward, the sooner this fair
win/win solution can be implemented. |
