A water rights call on the White River will go into effect on Dec. 1, 2022, following a unanimous decision by the Rio Blanco Water Conservancy District (RBWCD) board of directors. The district officially requested the state’s Division of Water Resources (DWR) begin administration of the river next month, meaning any existing water diversions upstream from Kenney Reservoir could be shut off in order to help meet the district’s call.
“They have a water right, and they have a right to have that water right be met,” said Erin Light, DWR Water Engineer for District 6, which encompasses the Yampa/White River watersheds. She said the DWR’s role will be to investigate existing water diversions, noting that she doesn’t expect to find much at this time of the year when people aren’t irrigating. “We would shut them off or curtail them if they’re out of priority,” said Light, adding, “we’re just not gonna see it. We’re not gonna see a lot of gain to the river system.” Examples of water uses that are most likely to be impacted in December are most likely industrial and livestock uses, according to Light.
WHY NOW?
Official administration of this kind is new for the White River, though RBWCD Director Alden Vanden Brink said it shouldn’t come as a surprise. “This is something that our district has been very open about,” he said, referencing the near-constant discussions about worsening drought conditions, and projections for further decreases to average streamflow. These historical data points and projections also represent less hydro-electric power generation at the dam, and by extension, declining revenues for the district. Vanden-Brink said this is why the board voted to initiate the water rights call.
“We’re looking to produce more hydropower for the benefit of our district so that we can pay our bills and operate our district the way our district needs to be functioning,” he said.
RIGHTS SENIORITY
RBWCD’s claim on water stems from two water rights, both of which are listed as the “Taylor Draw Power Conduit” by the state Division of Water Resources. The first right, appropriated in 1962 allocates 620 cubic feet per second (CFS) absolute volume that can be used for a variety of purposes including power generation. The second water right is from 1982, it allocates 125 CFS absolute volume to the district, and another 775 CFS conditional volume, for a total of 900 CFS for the sole purpose of power generation.
DWR District 6 Engineer Erin Light said getting even 600 CFS into the river is unlikely, especially during the winter, “even if it can’t be met to the full extent, we’ll respect their request for a call and do what we can to get them more water,” said Light.
TRANSPARENCY CONCERNS
RBWCD’s press release about the water rights call states, “In the last five years, electricity production has been reduced by 35% at the project.” The HT has been unable to verify this claim. The Federal Energy Regulatory Commission (FERC) privileges information about energy generation for “critical infrastructure” including for hydroelectric projects. RBWCD also hasn’t offered specifics about Taylor Draw Dam’s operation statistics, including energy generation by year.
Additional statements in RBWCD’s press release indicate “substantial” revenue decreases as a result of decreasing power generation ability. They also make it clear that, “The District has had numerous discussions and public meetings concerning this issue.”
The HT sought additional information to clarify these statements by requesting annual budgets and meeting minutes from district Board of Directors meetings. According to open meetings laws, these records are required to be kept available for public inspection. The district does not keep budgets or minutes on their website, instead opting to make them available on request. The HT requested budget/meeting info this week. As of press time we have not received any official documents.
Those who wish to participate in these meetings must find the appropriate meeting notice and attend in-person on the last Wednesday of the month at 6:30 p.m. According to Vanden-Brink, the board wants meetings to be in-person only with no virtual/phone attendance option. He stated they “didn’t have the ability” to offer virtual attendance options. Notices for RBWCD meetings are listed as a single item in the Rangely Town Council’s meeting notices, and do not include agenda items.
The conservancy district met in-person this week for a short budget workshop. Their next regular meeting is scheduled for Nov. 30, 2022, at 6:30 p.m. at the Rio Blanco Water Conservancy District Office in Rangely.
By LUCAS TURNER | [email protected]om
