Irrigation Leader June 2012

Volume 3 Issue 6

June 2012

Jessie Silva: Imperial Irrigation District Explores Ways to Meet QSA Water Transfer Needs

Good People, Great Solutions

By Kris Polly “Will you really have enough to write about?” That was a question asked when the idea of the Irrigation Leader magazine was first pitched to one potential advertiser. “Yes, there is plenty to write about. The magazine will focus on solutions and provide a forum for district managers to share ideas. The challenge will be choosing what to include,” I responded. That turned out to be a correct statement; however, I was very wrong on the scope and number of successes. There are so many stories of good, hard-working, and determined people who have developed great solutions. These people have succeeded over adversity and created tremendous value where none existed before— with water. Every irrigation district and water agency has a rich history of successes, and every manager has a long list of accomplishments. The engineering of irrigation projects is impressive and at times absolute genius in design. The technology of irrigation, though arguably unchanged for most of its history, is now advancing rapidly. In short, there are a tremendous number of water-related issues, technology, and accomplishments to write about.

This issue of Irrigation Leader, like the previous issue, will look to the irrigation practices of the southwest and how solid gravity-flow engineering designs have been enhanced with modern technology. Jessie Silva of Imperial Irrigation District explains how that expansive 465,000acre district is operated. Mark Smith describes how farmland is prepared annually with laser-leveling and GPS guidance systems to ensure crops are irrigated evenly and

efficiently. Reclamation celebrates 100 years of the Yuma Siphon and gives us an update on the success of the Brock reservoir. Randy Record shares how his farm irrigates with recycled water from the Eastern Municipal Water District.

Dan Errotabere educates us on cotton and drip irrigation.

We applaud the success of PolyTech and its unique pivot track technology.

Additionally, Congressman Doc Hastings (R-WA), Chairman of the House Natural Resources Committee, shares his views on improving the Endangered Species Act. Congressman Cynthia Lummis (R-WY) explains her common-sense legislation to address what has become environmental “litigation-for-profit.” Kathy Robb provides an update on the Aransas Project lawsuit that threatens water deliveries in Texas and potentially state water law primacy throughout the West.

We hope you enjoy this issue of Irrigation Leader. Please continue sending us your ideas and suggestions for articles.

Kris Polly is editor-in-chief of Irrigation Leader magazine and president of Water Strategies, LLC, a government relations firm he began in February 2009 for the purpose of representing and guiding water, power, and agricultural entities in their dealings with Congress, the Bureau of Reclamation, and other federal government agencies. He may be contacted at Kris.Polly@waterstrategies.com.

Who Reads Irrigation Leader?

Irrigation Leader details the accomplishments, issues, and stories of today’s irrigation and water supply industries. The magazine provides a forum for the people who facilitate the use, transport, and infrastructure of the West’s source of life—water.

Hard copies of Irrigation Leader are mailed to the nearly 650 irrigation district general managers and their respective boards of directors in the 17 western states; the U.S. Bureau of Reclamation; Congress; all western state legislators’ and governors’ offices; and a variety of western water-related organizations, engineering firms, and individuals. The magazine is supported by advertisements and does not have a subscription fee.

Since our debut issue in October 2010, our mailing list has more than tripled to over 10,000 individuals.

An additional 1,000 readers receive e-mail notification when the magazine is posted to our website at www.WaterandPowerReport.com. Irrigation Leader is published 10 times a year, with November/December and July/August as combined publications.

If you are not receiving Irrigation Leader in the mail, please send your mailing address to Irrigation.Leader@waterstrategies.com, and we will be happy to add you to our distribution list.

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Irrigation Leader

C O N T E N T S

JUNE 2012

2 Good People, Great Solutions

Volume 3

Issue 6

Irrigation Leader is published 10 times a year with combined issues for November/December and July/August by: Water Strategies, LLC P.O. Box 100576 Arlington, VA 22210 Staff: Kris Polly, Editor-in-Chief Leila Kahn, Senior Writer Robin Pursley, Graphic Designer Capital Copyediting, LLC, Copy Editor SUBMISSIONS: Irrigation Leader welcomes manuscript, photography, and art submissions.

However, the right to edit or deny publishing submissions is reserved.

Submissions are returned only upon request.

ADVERTISING: Irrigation Leader accepts one-quarter, half-page, and full-page ads.

For more information on rates and placement, please contact Kris Polly at (703) 517-3962 or Irrigation.Leader@waterstrategies.com.

CIRCULATION: Irrigation Leader is distributed to irrigation district managers and boards of directors in the 17 western states, Bureau of Reclamation officials, members of Congress and committee staff, and advertising sponsors.

For address corrections or additions, please contact our office at Irrigation.Leader@waterstrategies.com.

By Kris Polly

4 Imperial Irrigation District Explores Ways to Meet QSA Water Transfer Needs

10 Time to Improve the Endangered Species Act

By Congressman Doc Hastings

14 Too Much of a Good Thing

By Congresswoman Cynthia M. Lummis

16 Bureau of Reclamation and Yuma Crossing

National Heritage Area Celebrate the Opening of the Yuma Siphon Irrigation Project Historical Exhibits

18 Recycled Water Program Includes Agricultural Water Use

22 From Innovator to Established Manufacturer: RAAFT by PolyTech, LLC

24 Brock Reservoir Successful in Helping

Colorado River Users Manage Daily Water Needs

District Focus:

28 Owners of High-Value Cropland in Arizona Employ Advanced Leveling, Irrigation Techniques

Irrigated Crops:

32 Drip Irrigation Leads to Greater Efficiency, Higher Cotton Yields

COVER PHOTO: Mr. Jesse Silva, water department manager for Imperial Irrigation District

By Dan Errotabere

Water Law:

34 Challenge Under ESA Threatens Texas Water Supply

38 Classified Listings Irrigation Leader

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Imperial Irrigation District Explores Ways to Meet QSA Water Transfer Needs

T

he Imperial Irrigation District delivers Colorado River water to approximately 475,000 acres of Imperial Valley farmland and to nine communities across Imperial County. Water is critical to sustaining the local agricultural industry, the backbone of the Imperial Valley economy. Total agricultural production in the valley is valued at more than $1.5 billion annually.

In 2003, a settlement agreement between the federal government, the state of California, the San Diego County Water Authority, and several California water districts enabled California to implement major Colorado River water conservation and transfer programs, stabilizing water supplies for 75 years and reducing the state’s demand on the river to its 4.4 million acre-foot entitlement. It also required plans to be developed to restore the environmentally sensitive Salton Sea. The Quantification Settlement Agreement (QSA) has had major operational impacts for water users in the Imperial Irrigation District (IID). The QSA quantified IID’s Colorado River entitlement at 3.1 million acre-feet and provides for large-scale water transfers (more than 400,000 acre-feet) from IID to the San Diego County Water Authority, the Metropolitan Water District, and the Coachella Valley Water District by the year 2021.

Kris Polly, Irrigation Leader’s editor-in-chief, caught up with IID Water Department Manager Jesse Silva to discuss the district’s efforts to meet the needs of the QSA and other issues affecting IID. A registered civil engineer, Mr. Silva joined the district in 1972, eventually serving as IID’s general manager until his retirement in 2005. He returned to the district last year to serve as IID’s Water Department manager.

Kris Polly: What are Imperial Irrigation District’s greatest operational challenges?

Jesse Silva: The cost of doing business keeps going up,

and it is difficult to translate these costs into water rates that users can afford. Also, the way water rates are raised now requires an election process. In other words, our ratepayers have to agree that they’re okay with raising the rates. That makes it pretty difficult from an operational standpoint. Here in California we have so many selfimposed regulations, but it’s the law, so you have to go through with it.

Kris Polly: I understand that the way you operate your system is quite sophisticated. Can you explain how you operate?

Jesse Silva: Our system is 96–97 percent gravity-flow.

The water comes from the Colorado River by gravity, and the water distribution system itself is based on gravityflow. Some areas pump water, but those operations are small compared to the total. Because it is gravity-flow and we don’t have a large reservoir, we really have to plan well to bring in all the water needed for the week, but not too much. Also, because we are located 65–70 miles from the Colorado River, any water that we bring in does not go back to the river, but ends up in the Salton Sea. Over the years, we’ve installed controls in the canal system to help us conserve water. We have a 24-hour water control center where we remotely control our main water gates. Staff makes decisions about where to route the water to make sure it gets to the right place at the right time.

It’s a pretty sophisticated system but we need it because it takes so long for the water to get here, and it takes a long time to distribute it within the system. The canals are usually about 45 miles long. Because it is gravity-flow, it takes time for the water to get to the end users. In the main canal, water travels 3–4 feet per second. In some of the lateral canals, it is more like 2–3 feet per second. In

Trenching plastic drain tile 4 to 5 feet below ground in Yuma area farmland.

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Irrigation Leader

Concrete lining of the All American Canal prevents seepage of an estimated 67,700 acre-feet of Colorado River water each year.

total, it can take between 6 hours and 24 hours to reach the end users.

Kris Polly: How much water do you deliver annually?

Jesse Silva: We divert 2.8–2.9 million acre-feet, of which we sell approximately 2.6 million acre-feet. Right now we have a hot market for farmers—prices are good, so the farmers are growing all the crops they can, which increases water demand. All of the forage crops are making money, so we are using a lot of water right now.

Kris Polly: How much water may your district use according to the QSA? Jesse Silva: Based on the QSA limit of 3.1 million acre-feet, we are transferring about 100,000 acre-feet to the Metropolitan Water District (Los Angeles area). This year, we are also transferring about 90,000 acre-feet to the San Diego County Water Authority. So, if you subtract these transfers from our 3.1 million acre-feet entitlement, we have about a maximum of 2.9 million acre-feet that we can divert.

Kris Polly: What kinds of conservation activities have you done in the past?

Jesse Silva: Over the years, we’ve worked to conserve water. For instance, when they started filling Glen Canyon Dam, we began lining our canals to minimize seepage. And then in the 1970s, we started to build regulating reservoirs that, because of the long lead time of the canals, we needed to make sure the water was getting there in time and that there wasn’t too much or too little. So, we found that if we put even a relatively small regulating reservoir—300 acrefeet capacity—about halfway through the main canal, we could effectively reregulate the canal and make sure that from that point on, the water flow is back to where we wanted it to be.

Then in about 1989, we started conserving water for transfers to the Metropolitan Water District. We lined Irrigation Leader

more canals with concrete, built a few more reservoirs, and also installed what we call “interceptors.” These are canals that are at the end of laterals so that the water that normally would route to the drainage system would be collected and reutilized.

Kris Polly: Are the regulating reservoirs gravity-in and gravity-out?

Jesse Silva: Now they’re gravity-in/pump-out. But the first reservoirs were gravity-in/gravity-out. The reservoir bottoms are lined with clay and the sides are made of concrete.

Kris Polly: What other ways is the QSA affecting the way the district does business?

Jesse Silva: To begin the water transfers under the QSA, we’ve asked farmers to leave some fields fallow because that has the least impact on the Salton Sea at this time. If we started conserving water immediately, by removing spills from the system or by having farmers reutilize their spills, this fresh water would not go to the sea. In this scenario, we would have had to provide mitigation for the first 17 years of the agreement. The way to minimize this is to fallow a portion of farmland and transfer the water that would have been utilized. We transfer that water, and the Salton Sea has no impact.

For the QSA review, we haven’t done a lot of physical conservation yet because it’s going to start in the year 2017.

Kris Polly: How many acres do you have fallow now, and do you expect this to be permanent?

Jesse Silva: Every year it goes up, but this year we need to transfer 90,000 acre-feet of water, so it will be about 15,000 acres of farmland. We’re paying farmers not to grow crops on some fields, and the water that would have been used on those crops is being transferred to San Diego. We see this as a temporary solution until 2017.

Kris Polly: What are your plans in 2017?

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Jesse Silva: Basically, in the areas where we have not installed collector systems, we’re probably going to do something to minimize the spill from the end of our lateral canals, but a lot of the conservation efforts will come from on-farm programs. We’re also making efforts to recover water from areas where our main canals go through sandy areas. We have some seepage in those areas, so we’re installing pipelines adjacent to canals that will pump the recovered water back into the canals. We’ve completed some of that already and conserved about 35,000 acre-feet of water.

Kris Polly: What other conservation efforts will be in place by 2017?

Jesse Silva: By then, we will have to do whatever it takes to have the collection systems in place. We’re automating most of the system—the head of each lateral will have an automated gate that the canal operator can close. We’re also going to monitor the end of every lateral so if there’s any spillage, we can cut back at the head of the lateral. This can be done by computer so it can be controlled at all times.

We’re also building some additional reservoirs to capture water and pump it to a new location where it can be reutilized.

Kris Polly: Are you still lining and piping canals?

Jesse Silva: Most of that has already been done. Our efforts are going to be concentrated on capturing water that is now spilled from the system. This is about 125,000 acre-feet at the end of the system. We plan to capture at least half of it—our goal is 70,000 acre-feet. We’ll also be recovering seepage in the main canals; that will total between 5,000 and 10,000 acre-feet.

The majority of the 200,000 acre-feet that we need to transfer to San Diego under the QSA is going to be recovered or conserved water coming from the farmers themselves.

They’re becoming more efficient on-farm.

Right now, we’re having the farmers themselves work on the methods that they will utilize to do this.

Kris Polly: What irrigation activities will farmers be doing to increase their efficiency in on-farm conservation?

Jesse Silva: It depends on the crops.

We’re already utilizing drip on some crops like watermelon, cantaloupes, and bell peppers, but those crops are not the majority of the acreage. Mostly we grow forage crops, which are irrigated by gravity-flow and flood irrigation. Those are the farmers who are really using 6

laser leveling to make sure that it makes a big difference when they apply water to their fields. In the future, farmers want to use pressurized systems. Some systems are already installed—we call them laterals or side rolls. They’re like pivots but they go parallel to each other. Farmers use them on a rectangular field; they go across the field, turn, and come back. These systems take water directly from the canal and apply it to the fields through micro sprinklers.

Another method is increasing the use of drip irrigation, on alfalfa, for example. One thing that concerns us is that drip will probably use more water. We’ve been underirrigating in the summer; you can’t put enough water on to satisfy the full needs of alfalfa. We had a trial 15 years ago where they put alfalfa on drip and found that it actually used the same amount of water as when applied by flood irrigation. With flood though, the result is that some runs off the field. Using drip, the farmers are able to grow more tonnage, but they don’t save any water. So it really depends on your goal—to maximize yield or conserve water. Our goal is to save water. The farmers still may go ahead with drip, but under a water conservation program, they won’t get the field’s full utilization. But the yield will be better all around.

Others farmers, especially on the periphery of the district where there’s more sandy ground, are talking about using center pivots. But you never know what kinds of new ideas there will be in 10 years. In 2017, and then by 2022, when we’ll finally need to be in peak compliance with the QSA, the techniques may be totally different than what we see today.

Kris Polly: Are you still working on plans for post2017?

Jesse Silva: On the farmers’ side, we’re still working with them to develop plans. We’ve discussed a lot of options. Right now, we’re trying to find the best way to measure conservation; in other words, what baseline do you use? What do you compare it to so you can make sure that the farmers are actually conserving and ordering less water?

Those are the things that are being developed right now.

There are also all kinds of issues that still need to be resolved. A lot of farmers lease ground, so the question is: Who is the conservation agreement with? The landowners? The lease-holders? We have appointed a water conservation advisory board to address these issues. The board has 15 members—farmers—who are tasked with coming up with an agreement that addresses everything that needs to be done so that we can start the on-farm conservation efforts next year. They’ve told me that they’re on schedule, that they have something already that we can put in place to start a pilot program next year.

Kris Polly: Who is the primary contact for the pilot program, if someone has a proposal they want to submit for consideration?

Irrigation Leader

Jesse Silva: We have staff members who are working directly with the farmers that will be getting proposals. I get calls all the time from farmers because they know me.

If someone contacts our office, we’ll get them in touch with the staff in charge of handling this program.

Kris Polly: What kinds of proposals are you getting?

Jesse Silva: It really depends on what kind of ground the farmer is dealing with. For sandier ground, they’re talking about capturing and reusing their “tile water.” That term is local; they called it that when they started installing subsurface drainage. The drainage pipes were made out of tile. They use plastic now, but the term “tile” stuck. They started installing it at a depth of 6 feet; now it’s more like 4 ½ to 5 feet.

The tile picks up the water that seeps past the roots; it contains salt that’s in the soil and also salt present in the incoming river water. Right now, the tile takes that drainage system to the Salton Sea. Depending on where you’re located and what kind of soil you have, it is possible that all the salt has been leached out of the soil over time.

So, all your salt is coming in from the river water and whatever is concentrated as it goes through the plants. In this case, the salt concentration would not be that much greater than the incoming river water.

So the plan is to recapture the water used for leaching by pumping it back. They will mix it with incoming river water because the salinity is not that much higher. By combining the two, farmers can order less river water and still meet their water needs.

Kris Polly: Changing to a different topic, how do you mitigate aquatic weed growth in the canals?

Jesse Silva: We use triploid (sterile) grass carp. We have The IID hatches and releases 15,000 to 20,000 triploid grass carp each year for weed control in its canals.

a hatchery where we raise them until they’re ready to be put in the main canals. Every year we hatch about 15,000 to 20,000. I’m not sure how many make it to the 10-inch length before we put them in the canals, but there’s quite a few.

This area is where the triploid grass carp was developed.

We worked with the U.S. Department of Agriculture and others, and they developed the protocols for spawning the fish. It’s kind of interesting—they take the sperm and egg and put them in a steel chamber; really just a big pipe. It has a hydraulic plunger that applies pressure and makes the cells break. This mechanical process makes the fish sterile.

Once the fish are a few inches long, we test and certify them to make sure they’re not fertile, and then we release them in the canals.

Kris Polly: Do you have any invasive species in the district?

Jesse Silva: We have quagga mussels above Imperial Dam. They’re not causing a problem yet, but they will.

Kris Polly: You’ve been in the water business a lot of years. What would you say every irrigation manager should know, whether they’re just starting out or have been in the business for 30 years?

Jesse Silva: I think you have to be aware of all the environmental issues with running water nowadays; it’s amazing. When I was the water manager the first time around 15 years ago, things were a lot different. Now the big thing in spring is weeds, or anything that has to do with the maintenance of the canals. There are just so many more regulatory and environmental issues than there used to be.

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Bureau of Reclamation Commissioner Michael L. Connor announced the establishment of a summer intern program for young people interested in ranching and farming.

Reclamation teamed with the Student Conservation Association and Family Farm Alliance to establish three summer intern opportunities for youth, 18-25, interested in ranching and farming.

“Reclamation’s relationships and activities in the West have always been intertwined with ranching and farming communities,” Commissioner Connor said. “These intern opportunities will help young men and women learn more about water conservation, better preparing them for a life in agriculture.”

These intern opportunities are located in Colorado, Idaho and Nevada and offer young people the chance to spend a summer working at Reclamation alongside hydrologists, engineers and other professionals who are on the cutting edge of water conservation in the west. The interns will be SCA volunteers. Housing will be provided along with a living allowance. Interns will be eligible for an education award of $1132-$1415, which can be used to repay qualified student loans (loans backed by the federal government), graduate or undergraduate tuition, or educational expenses for qualified enrichment courses. The intern program is a part of Reclamation’s support of President Obama’s youth initiative and creates opportunities for individuals who live in rural communities to better prepare for lifetime employment.

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Congressman Hastings inspects one of the automated check structures on the Sunnyside Canal. The check structure was one of 30 similar structures together with three reregulation reservoirs and a SCADA system that are a part of Phase I of Sunnyside Valley Irrigation District’s Conservation Project.

Time to Improve the

Endangered Species Act

By Congressman Doc Hastings

W

hen the Endangered Species Act (ESA) was signed into law in 1973 by President Nixon, he spoke about the importance of preserving “the rich array of animal life with which our country has been blessed.” I believe that goal is as important today as it was back then. However, after nearly 40 years, it’s time to take a fresh, honest look at the law and consider whether there are ways it could be improved to do a better job of protecting and recovering species.

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The House Natural Resources Committee, which I chair, has begun a series of hearings to review the ESA. The purpose of these efforts is to look for ways to update, improve, and strengthen the law—not to turn back the clock to 1973, before the law was passed. Congress last renewed the ESA in 1988, which means it has been 24 years since any substantial updates have been made.

Clearly, Congress has failed to do its job. Even the most ardent supporters of the ESA should be able to agree that after two decades, there are ways to make the law more efficient and effective. By listening to citizens both

Irrigation Leader

affected by and science, not politics interested in the and not just ESA, the committee because of lawsuits. will conduct a fair Unfortunately, this and open assessment is not often the case. of both the law’s For example, FWS strengths and its has decided not weaknesses. to conduct a stock There are five assessment for the objectives that I think Atlantic sturgeon a review and update before moving of the ESA should forward with a achieve. listing. How can it One, focus on determine whether a species recovery. species is endangered There are 1,391 if federal bureaucrats Chairman Hastings discusses local economic development projects with domestic animal don’t bother to representatives from the Port of Kennewick on Clover Island. and plant species count the size of listed under the act. Of these, the U.S. Fish and Wildlife the current population? Without this information, how Service (FWS) has declared just 20 species recovered. That will they ever be able to determine whether the species is represents only a 1 percent recovery rate. The law is failing recovered? to achieve its primary purpose of recovering endangered Five, make the law work for both species and people. species. We must do better.

The implementation of the ESA too often goes beyond Two, reduce ESA-related litigation. One of the greatest the original intent of species recovery and is instead used obstacles to the success of the ESA is the way in which to block and delay job-creating economic projects and it has become a tool for excessive litigation. Instead of activities. For example, a renewable-energy wind project focusing on recovering endangered species, there are in Washington state was abandoned because of the ESA’s groups that use the ESA as a way to bring hundreds of overly burdensome regulatory process. The Radar Ridge lawsuits against the government. In response, agencies project would have created up to 300 short-term jobs have to spend time and resources addressing those lawsuits and provided a new source of renewable energy. But the instead of focusing on species recovery. project never went forward because of lengthy, costly, and FWS Director Dan Ashe has testified that the agency questionable restrictions under the ESA. We must be able spent more than 75 percent of its fiscal 2011 resourceto protect species without creating a bureaucracy that is so management allocation on court orders or settlement burdensome that it destroys economic activity and jobs. agreements resulting from litigation. He stated, “We fully Updating the 24-year-old Endangered Species Act agree with the concern that our resources are better spent will help ensure that the law works better to recover on implementing the ESA than on litigation.” endangered species. Congress can no longer kick the can Three, ensure taxpayer dollars are spent wisely and down the road while millions of dollars are wasted on efficiently. Hundreds of millions of taxpayer dollars are frivolous lawsuits, resources are diverted away from true spent each year on endangered-species protection. In the species recovery, and jobs are lost due to regulatory red tape face of trillion-dollar budget deficits, Congress has an that does little, if anything, to protect species. obligation to ensure that money is spent appropriately to achieve the law’s intent—the recovery of species. Every Congressman Doc Hastings, dollar that is spent on court settlements and legal fees is a Washington Republican, is chairman dollar that is not going to directly help endangered species. of the House Natural Resources Four, base decisions on independently peer-reviewed Committee. science. Any decisions made on whether to list or delist a species should be based on sound

Irrigation Leader

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Too Much of a Good Thing

By Congresswoman Cynthia M. Lummis

L

itigation is a fact of life.

At times it is necessary to correct an injustice. At other times the sheer volume of cases or the outcome of litigation may make us tear out our hair in frustration. Mostly, though, the system works—something for which we have our founding fathers to thank. In the Federalist #78, Alexander Hamilton wrote that the judicial branch is the weakest of the federal government, saying that the court has “no influence over either the sword or the purse.�

In the realm of natural resource litigation, Mr. Hamilton could never have envisioned what is now the norm.

The court is more than an equal partner with Congress and the executive; it is the driving force behind the purse, and the policy. In recent testimony before Congress, Fish and Wildlife Director Dan Ashe testified that no less than 75 percent of its fiscal 2011 resource-management allocation was spent on court orders or settlement agreements resulting from litigation.

One important way to restore litigation to its proper level of influence is by helping to get the incentives right for litigation. That is, in its most basic form, what I have proposed to do in the Government Litigation Savings Act (GLSA), a bill I introduced last year to rein in the amount of taxpayer dollars spent to reimburse environmental groups for the costs of litigation. The GLSA seeks to restore the Equal Access to Justice Congresswoman Lummis on the family ranch outside of Cheyenne. The barn dates back to the late 1870s and was built with stone quarried on the ranch.

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Irrigation Leader

Act (EAJA) to its original intent of supporting necessary lawsuits to protect seniors, veterans, and small businesses.

EAJA, a law Congress passed in 1980, reimburses individuals and groups for the cost of suing the federal government when they have been wronged. It was, and still is, a good idea. Our nation’s seniors, veterans, and small businesses should not fear the financial difficulties associated with taking the federal government to court when they have been personally wronged. Unfortunately, we have learned that the law throws up difficult roadblocks for these legitimate groups to recoup their costs.

Scholarly journals from Virginia Tech and Notre Dame, the Government Accountability Office, and reviews of tax records and open court documents all show that EAJA—contrary to congressional intent—reimburses groups for environmental litigation. It is important to understand that most of the nation’s environmental laws, like the Endangered Species Act and the Clean Air Act, already grant the ability for groups to sue, settle, and recover their costs. EAJA, by contrast, is a social safety net program.

Sadly, these environmental groups are paid not because they find an environmental violation, but because they dispute the paperwork or procedure by which the government reached a decision the environmental groups oppose. In short, it is a back-door approach to altering

environmental laws.

With EAJA paybacks available for these lawsuits, more such suits are filed than would be if the reimbursements were determined by environmental law alone. The GLSA will modernize the EAJA by improving the process for legal-fee reimbursement for veterans, seniors, and small businesses, and providing greater certainty on the amount of reimbursements available for these deserving groups.

At the same time, my bill removes taxpayer subsidies for litigation filed outside the boundaries set by the nation’s environmental laws.

Those of us who live in the West will likely always live with a higher volume of environmental litigation. The trick is getting the incentives right to push court battles toward legitimate environmental violations, not just rope-a-dope procedures. We should not forget that environmental laws exist for environmentalists; EAJA is for seniors, veterans, and small businesses in need. The Government Litigation Savings Act restores that bright line.

Congresswoman Lummis, Wyoming Republican, serves on the House Appropriations Committee.

Feeding her English crossbred cattle. The ranch has been in the congresswoman's family for four generations.

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Bureau of Reclamation and Yuma Crossing National Heritage Area Celebrate the Opening of the Yuma Siphon Irrigation Project Historical Exhibits

I

n commemoration of Arizona’s Centennial, the Bureau of Reclamation and Yuma Crossing National Heritage Area hosted a ribbon-cutting ceremony on February 15 to celebrate the grand opening of historical exhibits commemorating the historic Yuma Siphon Project. The siphon, touted as an engineering marvel when originally built, is still in use today and located near the Yuma Quartermaster Depot. Water first bubbled through the structure on June 29, 1912—the year of Arizona’s statehood—helping fuel the dramatic growth of agriculture and commerce in the Yuma Valley over the past century.

“With Yuma Heritage Crossing staff ’s tireless efforts to rescue and preserve these buildings and original artifacts, we are now able to celebrate the rich history of these historic water projects built along the lower Colorado River,” said Dr. Terry Fulp, acting Lower Colorado regional director for Reclamation. “As we cut the ribbon opening these educational exhibits to public view, Yuma residents and visitors have new insights into Reclamation’s

Officials with the Bureau of Reclamation and Yuma Mayor Al Krieger cut the ribbon officially opening the new Yuma Siphon Irrigation Project Historical Exhibit at Yuma Quartermaster Depot. Photo credit: Andrew Pernick; Bureau of Reclamation

In early 2012, engineers placed submersible cameras in the Yuma Siphon to inspect its current operating condition.

Photo credit: Steve Darlinton; Bureau of Reclamation

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water development history in this area and into our collaboration with the irrigation districts.”

The Siphon, located in part beneath the Quartermaster Depot grounds, was constructed in 1912 and continues to reliably deliver irrigation water from the Yuma Main Canal to the Yuma Valley through this massive tunnel dug underneath the Colorado River. Though a century old, the Siphon remains an integral component of Reclamation’s water delivery infrastructure—delivering water from the All-American Canal to tens of thousands of people and over 50,000 acres of prime farmland in this valley.

Yuma’s role in this historic journey started almost as soon as the Reclamation Act left President Theodore Roosevelt’s desk. The passage of the Reclamation Act of 1902 and the initiation of the larger Yuma Project set in motion a major effort by the federal government to develop and maintain water-related resources in the United States. The Yuma

Project included the first Reclamation-built dam on the Colorado River, Laguna Dam, and later, the Yuma Siphon.

In 1997, through joint efforts by the City of Yuma and Arizona State Parks, the Yuma Crossing State Historic Park opened at the original site of the U.S. Army Quartermaster Depot. Administered through funds provided by the National Park Service and other means, the heritage area program lends support to local public–private initiatives in areas that tell nationally important stories about American geography, history, and culture.

Reclamation is the largest wholesale water supplier and the second-largest producer of hydroelectric power in the United States, with operations and facilities in the 17 western states. Its facilities also provide substantial flood control, recreation, and fish and wildlife benefits. Visit its website at www.usbr.gov.

Construction workers make progress inside the Colorado Siphon in January, 1910. Photo Credit: Reclamation Historic Photo, One of the divers who worked under water to construct the two vertical shafts of the Yuma Siphon. Spring 1910. Photo Credit: Reclamation Historic Photo, Yuma Area Office Collection

Yuma Area Office Collection

A Century Old and Still Fit! • Today the Siphon remains an integral component in the delivery of water to the Yuma Valley.

• With typical daily flow rates between 350 and 800 cubic feet per second, the siphon carries water from the All-American Canal in California under the Colorado River into Arizona, where it is distributed to some 45,000 acres of prime farmland.

• The water enters the siphon through the 17-foot diameter California Shaft and drops 76 feet into the tunnel that carries the water under the Colorado River into Arizona.

• The tunnel under the Colorado River is nearly 1,000 feet long and 14 feet in diameter.

Completed in 1912, the outlet on the Arizona side of the Yuma Siphon tunnel delivers irrigation water from the Yuma Main Canal on the California side. Photo Credit: Reclamation Historic Photo, Yuma Area Office Collection

Irrigation Leader

• Once in Arizona, the water then travels up 74 feet through the 23-foot diameter Arizona Shaft and continues its journey into the Yuma Valley.

• The siphon was an engineering marvel for its time and continues to be today.

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Recycled Water Program Includes Agricultural Water Use

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he use of recycled water by California’s Eastern Municipal Water District (EMWD) is not new.

Beginning in the 1960s, the district treated effluent disposed through on-site percolation and evaporation ponds. This treatment mechanism ultimately resulted in marketing recycled water to irrigators in 1966.

“Because the level of treatment of the recycled water was low compared with the technology used today, the only potential customers were farmers who could use it for grain and livestock feed crops,” said Randy A. Record, EMWD

Randy A. Record, EMWD director and agricultural grower in the San Jacinto Valley.

director and agricultural grower in the San Jacinto Valley.

“And at that time there was significant acreage under cultivation utilizing those crops. Since then, all treatment plants have been converted to a higher treatment level, which allowed use on virtually all crops.”

There were a number of reasons farmers took advantage of this resource: The recycled water contained nutrients, mainly nitrogen and phosphorus, which meant farmers didn’t need to spend as much for fertilizer. The price of the water was less than the cost of pumping ground water, and it was available in areas where the ground water was low in quality. In addition, the water was substantially lower in cost than imported water, which had become too expensive for crop irrigation.

The district priced the water low because it was a better alternative to paying someone else to dispose of the product, and it also wanted to reduce ground water pumping within the service area.

In 1991, EMWD received federal funding from Reclamation to develop a recycled water backbone transmission system. This funding expanded the district’s ability to deliver recycled water by linking all of its reclaimed water facilities, and the funding provided for the implementation of system pressurization projects. Recycled water became even more important when EMWD adopted a mandatory-use policy in 2005, meaning that new or existing customers with separate landscaping meters will be reviewed to see whether they meet eligibility requirements for recycled water use. If the customers do, and the district can reasonably provide recycled water, then they will become recycled water customers.

Recycled water tank that supplies recycled water irrigation to golf course and common areas of a senior community in Hemet, CA. 18

Irrigation Leader

36-inch recycled pipeline (San Jacinto Valley Recycled Water Pipeline Project) being installed adjacent to potato fields.

Recycled water pipeline construction to serve senior community in Hemet.

Although urbanization has steadily shifted EMWD’s emphasis from agriculture to 135,000 domestic water customers, agriculture still represents a significant segment.

The district has more than 300 agricultural customers with approximately 30,000 acres of farmland. Of that, about 10,800 acres are irrigated with recycled water. Just a small percent of those ag customers still rely on fresh water if recycled water is not available. Uses for recycled water include livestock feed, wholesale nurseries, potatoes, oriental vegetables, strawberries, grains, corn, watermelons, sod, and beans.

The top five recycled water customers used nearly 14,000 acre-feet of water last year. The positive impact of recycled water use on ground water supplies is demonstrated in the way the Scott Brothers Dairy Farms in San Jacinto works in partnership with EMWD. Rather than use its own private ground water wells for irrigating forage crops, Scott Brothers participated financially to install the recycled water system that allows it and another large dairy-feed producer to forgo using more than 5,000 acre-feet of ground water a year. That ground water can then be left untouched or used for drinking water Irrigation Leader

purposes.

The reclamation process begins when water collected from the drains of homes and businesses is transferred to one of four operating reclamation facilities run by EMWD. These facilities process 46 million gallons each day through a tertiary treatment process. Effectively, this process uses filters to “polish” and remove pathogens, such as bacteria and viruses, from reclaimed water. All suspended solids are removed and chlorine disinfectant is used after filtration to ensure that any pathogenic bacteria are killed.

Through continued infrastructure initiatives, EMWD seeks to develop a drought-proof and sustainable water supply for its customers. The district is currently tracking 18 major infrastructure projects with an estimated value of almost $55 million. Projects include the recently completed Gibbel Road Recycled Water Tank—a $7.3 million construction effort to develop a 4-million-gallon facility in Diamond Valley, and the San Jacinto Valley Recycled Water Pipeline Project, which replaced aging 18-inch diameter pipeline with 36-inch pipeline at a cost of $9.8 million.

Additional efforts included the Benton Road Recycled Water Tank and Pipeline which, at a total cost of $10 million, will work in conjunction with the Leon Road Recycled Water Booster Station to provide service to two pressure zones. Other continuing projects include additional water tanks, pipelines, and booster stations, as well as an electrical upgrade to enhance current pumping capacity.

For more information on Eastern Municipal Water District’s recycled water program, visit its website at www.emwd.org.

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From Innovator to Established Manufacturer

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olyTech, LLC, a small, family-owned entrepreneurial company in Friend, Nebraska, has taken an idea to help center pivots keep moving and turned it into an established manufacturing business with domestic and international sales as far away as Austrailia. Because of its commitment to a quality product and its conservative business approach, PolyTech is now seeing its biggest sales ever since its product’s introduction in 2005.

PolyTech, owned by the brother–sister team of Jeff Rogers and Lisa Alvarez, manufactures a device called the Rotating Auto Aligning Flotation Track (RAAFT), an elaborate name for composite plastic “tracks” that fit over the wheels of center-pivot irrigation units. The RAAFT technology distributes the weight of the irrigation equipment, which keeps center pivots from getting stuck, prevents ruts and tracks from forming, and allows wheels to float with ease across muddy terrain.

After struggling for six years to gain a foothold with its niche product, the company owners say sales “exploded” last spring; a result the owners attribute to a new marketing strategy, a product that’s proven its worth, and a lot of support from their local community.

A “Worrisome” Spring

Until last spring, the PolyTech owners were unsure that they were running a sustainable business. Sales were down partly because of draught conditions in Texas, which shut down pivot irrigation systems in the South. Sales were slow between March and May, says Alvarez, “worrisomely so.”

But she adds, in mid-May “sales just exploded, and it was everything we could do just to keep up in the office with the orders flowing out.”

According to PolyTech, sales this spring are 105 percent above where they were last year.

This year, Rogers says, “our off month we would have considered Production workers Jarod Korbelik and a medium Nancy Prochaska prepare a mold for month last processing.

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year. And our good month this year is so far beyond anything we’ve done before. . . . We’ve sold out all the stock we had; now we’re at 100 percent capacity.” He adds, “We’re able to put capital where we need it, when we need it, instead of having to plan everything six months in advance.”

A Problem to Envy

The constant demand for RAAFT tracks has required some changes in PolyTech’s production schedules. Until last year, the company’s practice had been to build inventory during the winter and sell it off during the summer. Now, with a more evened-out season, Rogers says Polytech is just keeping up with demand. At 100 percent capacity, he says, “we’re not maintaining any inventory—as soon as we produce it, it gets sold.” Adds Alvarez, “It will be interesting to see how well we’ll be able to keep up with demand, or if we’ll be able to, given that it’s just June—our season is just starting, and we’re barely keeping up with the demand now.”

Some of the owners’ concerns are allayed by the fact that while their own RAAFT inventory is depleted, their product is still available through dealers and distributors, where it has successfully shifted a significant portion of sales in the past year. Rogers says, “even if sales exceed our current production capacity, the product will still be available [to farmers] through dealer stock.”

Marketing Efforts Pay Off

Last summer, the team hired a marketing firm and began running advertisements in a variety of publications.

Almost immediately, PolyTech saw a change in its sales patterns. Sales became brisk in June 2011, which is usual, but then the unusual happened. Fall came, and “it never tapered off for us,” says Alvarez. “Now we’re supplying distributors all through the winter—so we’ve basically had no dead season.” Rogers attributes the sales growth to the company’s print media marketing efforts. “That’s the only thing we’ve really changed in our business model, and it seems to have made a significant impact. We have advertised in different places, but we have to give a lot of credit to Irrigation Leader magazine. It has given us exposure and a level of credibility that we may have not had before.”

Irrigation Leader

RAAFT No Longer a “Niche” Product

father’s company, and it played an important role when the family took over in 2010.

PolyTech owners say they have also made a conscious Rogers and Alvarez say the town of Friend has also been effort to change the image of their company. Alvarez says, very supportive of their business. According to Alvarez, “We want to go from being viewed as an innovator of a “We feel very much that they’re behind us and want to product that might be worth trying to that of an established help us however they can manufacturer of an established to succeed.” And in return, product.” And both owners PolyTech has been good for believe that as the product Friend. They hire local workers proves itself in the field, word and try to buy local when they is passing between farmers. can. “If I can get supplies or “We’re out there, we’re in whatever locally out of the the fields, and we’re working community, then I do. We effectively,” Rogers says. “[In] make a point of doing business areas of the country where we with the other businesses,” are established, they’re asking says Rogers. “The community for our tracks. We have dealers sees that, and then they help coming in saying, ‘I need to be us in return. And everybody is able to sell this product.’” happy.”

In addition, they’re seeing Production worker Becky Benson operates one of PolyTech banks locally as repeat business from existing PolyTech's semi-automatic molding machines. well. It credits Citizens State farmers. According to Alvarez, Bank as the “biggest factor” in its success. Says Rogers, “As “We’ve seen a lot of customers who have used our product a business partner, the bank has been very, very good to us come back wanting more—and they’re not just ordering and very supportive and very understanding.

It’s a really $10 or $15 worth of joint repairs or a screw or something.” good local farm bank.”

Adds Rogers, “For several years, we’ve been selling a tower or two to guys who just want to try them out. Those guys Plans for Future Short-Term Growth are coming back now and they’re not buying a tower or two.

Rogers and Alvarez are looking at the next step, which They’re buying a tower or two for a dozen pivots.” could be expansion if business keeps growing. According to Alvarez, “At the end of this season we’ll probably both sit Local Business Resources Critical down and take a hard look at where we think we need to go to Business Success as a company.”

PolyTech’s owners attribute their success at starting But Rogers says they plan to exercise caution. “We’ve and building their business to support from the local gotten ourselves to a place financially where we can grow community. While the business is located in Lincoln, the real big, real fast. And I want to be really cautious about manufacturing plant is located in Friend, Nebraska, a town that. We want to expand and we want to grow, but we 40 miles away with a population of about 1,100. When want to do it in a sustainable smart way. We don’t want to Alvarez and Rogers’s father first started his company in collapse under the weight of ‘too 2005, he went to the Nebraska much too fast’.”

Business Development Center “I personally have known a looking for investment capital. lot of manufacturing companies The center knew that Friend had that built big during the booms economic development funds and then two-thirds of the plant to loan to businesses willing to sat empty for five years when locate there. The center, which the booms went away. I want to is affiliated with the University make sure that we don’t fall into of Nebraska and administers that track.” a variety of federal and state small business programs, helps businesses by providing training, financial advice, funding assistance, and other services. Alvarez calls the center “instrumental” in starting her

Irrigation Leader

Workers prepare an order to be shipped from the Friend, NE plant.

For more information about PolyTech and their RAAFT products, visit their web site at RAAFT.com.

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Brock Reservoir Successful in Helping Colorado River Users Manage Daily Water Needs

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ith a full year of operations complete at the recently constructed Warren H. Brock Reservoir, the Bureau of Reclamation is touting the project as a success. With a maximum capacity of 8,440 acre-feet of water, the Bureau reports that approximately 120,000 acrefeet of water passed through the reservoir during 2011.

Brock Reservoir, located 25 miles west of Yuma, offers one solution to the problem of unused Colorado River water “lost” to Mexico. When water is ordered by users in the Lower Colorado River Basin, the water is released from storage at Lake Mead approximately 300 miles upriver.

During the five days it takes from the time water is ordered to the time it is delivered in the lower basin, rain may have provided the needed water. Before Brock was completed in 2010, Ed Virden, chief of operations and maintenance at Reclamation’s Yuma area office explains, “When you don’t have enough storage on the system, significant rain anywhere up or down the river can cause excess water to flow south of the border.” Excess water flowing into Mexico does not count against the 1.5 million acre-feet of water provided annually to Mexico under the 1944 Treaty because it was not “ordered,” according to Virden.

Now complete, Brock provides a holding basin for excess water that would have previously been lost to Mexico. Any water not immediately needed when it reaches the lower basin is shunted into Brock via a turnout on the AllAmerican Canal, where it is held in reserve until needed by users.

Storing excess water locally in the lower basin has an

additional trickle-up benefit. If local reservoir water is immediately available to lower basin users from Brock, Imperial Valley users can tap this supply before ordering more from the upstream reservoirs. According to Virden, “To the extent that you can reduce the excess flows in any given year, that reduction translates into water that remains in Lake Mead and Lake Powell, and that effectively benefits the whole system.”

Several Years of Performance Data Will Be Needed to Determine Brock’s Impact on the System as a Whole

At one time, Reclamation estimated that the addition of Brock could save as much as 70,000 acre-feet of water each year. While this projection may ultimately bear out, the annual savings can vary significantly from year to year. As Virden explains, “It will take a few years to look at trends and to understand how this one piece is contributing overall within a very diverse operational system. For example, the reservoir compensates for the storage space lost at Senator Wash Reservoir in recent years due to safety restrictions. That benefit can be difficult to quantify.”

Virden explains that Brock has always been promoted as a “system efficiency project.” He adds, “Even though we aren’t able yet to understand the reservoir’s total benefit to the system, the goal from the start has been to increase our ability to regulate the flows of water arriving at Imperial Dam and to help us manage the supply and demand imbalances that occur on a daily basis.”

Water from Brock Reservoir is discharged via underground pipeline and eventually reenters the All-American Canal through the Outlet Canal.

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Aerial view of the new 8,000 acre-feet Warren H. Brock reservoir, located near El Centro, CA. All photos courtesy of Ed Virden, Bureau of Reclamation.

No Major Bumps in the Road to Date

So far, Virden says the reservoir has not faced any significant operational challenges. “The project was well designed and is operating as it is supposed to.” And in fact, the project got off to a good start by coming in at about 15 percent under budget. Because of the depressed economy from 2008 to 2010, cheaper material, labor, and fuel resulted in a savings of nearly $24 million off of the original project estimate of $172 million.

In the past year, Reclamation has focused primarily on working with the U.S. Geological Survey to calibrate the reservoir’s measuring devices and flow meters, and to establish a long-term maintenance program. Reclamation has also been carefully monitoring components that are still under warranty, such as gate coatings and cathodic protection systems. As Virden explains, “The performance of these systems has a significant impact on the effectiveness and long-term operations of the reservoir.”

Going Forward, Focus Is on Continued Collaboration with Colorado River Stakeholders

Earlier this month, Reclamation finalized a long-term operations agreement with the Imperial Irrigation District (IID), which designates IID as the contracted operator of the reservoir. “The IID hydrographers operate the Imperial diversion dam,” says Virden, “so it makes sense for them to have a view of and operational control of this new reservoir.”

Reclamation, however, will continue to provide maintenance at Brock.

Reclamation hopes to continue the collaborative relationships it built with the Colorado River’s stakeholders.

Virden says, “What the Brock Reservoir project has been about from the beginning is a shared approach among all users to improve the entire Colorado River system. We’re happy with this relationship, and we hope the users are happy and that we continue to work well together.”

Irrigation Leader

Water arrives in the Brock Reservoir Forebay after being diverted from the All-American Canal and travelling through 6-plus miles of inlet canal.

U.S. Geological Survey personnel prepare to calibrate flow measuring devices at Brock Reservoir.

Newly constructed confluence where water from the AllAmerican Canal is diverted north to the Coachella Canal (right), and west to Brock Reservoir (left).

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District Focus

Owners of High-Value Cropland in Arizona Employ Advanced Leveling, Irrigation Techniques

T

he thousands of acres surrounding Yuma, Arizona, represent some of the highest-value irrigated farmland in the country. This value can be attributed to the necessary climate and soil conditions to grow winter vegetables and other crops in the area.

In addition to these vital interests, laser leveling, GPS, and advanced irrigation techniques are widely employed. “All of the fields are leveled to a 0.0 grade— flat,” said Mark Smith, president of both Smith Farms Company and the Yuma Irrigation District. “There is no water drainage, and we are able to have a uniform

application to all points of a field evenly.”

Each year, area landowners use laser and GPS systems to level their entire farms to ensure efficient and even distribution of irrigation water. Leveling not only ensures even distribution, but also provides uniform application of fertilizer.

The crops grown in the area—which include iceberg, romaine, red, and green leaf lettuce; spring mix; cauliflower; broccoli; spinach; kale; cabbage; and celery—require precision timing of water delivery.

While furrow irrigation remains predominant in the region, area growers also use sprinklers and drip to

Straight and level: GPS-guided furrows are placed on laser-leveled ground near Yuma, Arizona.

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Irrigation Leader

Change in average per acre land values for irrigated farmland in Yuma Valley area, 2009–12

ensure proper timing.

“We are familiar with $30,000 all types of irrigation and implement whatever type $25,000 is most conducive to our production,” said Smith. “The $20,000 irrigation districts work very 2009 Avg $15,000 closely with the farmers.

2012 Avg When growing high-value $10,000 crops, very precise irrigation techniques are required to $5,000 deliver the right amount of water at the right time.” $0 Because excess water can damage crops and waste a limited water supply, area irrigation districts have invested heavily in technology to monitor and release flows. * Bard Valley excludes acre value for Medjool dates, which average $50,000-$100,000/acre “All of Yuma Irrigation District’s turnouts have flow meters accurately measuring the amount of water being drip irrigation.” delivered,” said Smith. “If you order 15 cfs, you get 15 cfs.”

Still, investment in technology continues. “This is a very Because irrigation occurs 24 hours a day, 7 days a competitive industry we are in,” Smith said. “Technology week in this arid region, the districts have the ability to enables efficiency; people here communicate directly with ditch riders operating at night. are very comfortable changing “We have to manage our systems very quickly. . . . Thirty directions to embrace new minutes too long or too short is a big deal for us,” said technology.”

Smith.

Smith suggested that due to the level grade of the Mark Smith is president of both farmland, as well as the on- and off-farm technology the Smith Farms Company and implemented to precisely deliver water to crops, furrow the Yuma Irrigation District in irrigation is nearly as efficient as drip in the area. “We Yuma, AZ. For more information, manage how much water goes down each row,” he said. please call the Yuma Irrigation “Our furrow irrigation very closely meets the efficiency of District at (928) 726-1047.

Catapillar tractor with rubber tracks to reduce soil compaction pulling laser-guided earth mover. The tractor is guided with a GPS navigation system and the earth mover raises and lowers automatically based on information received through the laser antenna on top of the implement.

Irrigation Leader

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Drip Irrigation Leads to Greater Efficiency, Higher Cotton Yields Irrigated Crops

By Dan Errotabere

W

eather conditions in Riverside, California, are ideal for growing pima cotton, a varietal unique to the region that responds well to low-water stressing. The recent implementation of drip irrigation for cotton plants has allowed area growers to produce higher yields while enhancing water use efficiency.

Five years ago, Errotabere Ranches began implementing drip irrigation on pima cotton plants.

Previously, we were very familiar with the benefits of drip as the technique was used on other crops, including almonds, pomegranates, wheat, tomatoes, and garbanzo beans. This familiarity allowed us to recognize the benefits of obtaining water efficiency, as well as the potential advantages of stressing crops to obtain higher yields.

Overall, implementation of drip irrigation for pima

cotton plants has resulted in a water use reduction of at least 30 percent by placing only the amount of water that is absolutely necessary for the plant’s survival. Additionally, by creating a water deficit, the reproduction aspect of the cotton plant is triggered, which adds more power to growth and creates higher yields.

Pima cotton is grown in 66-inch beds with drip tape placed 12 inches under the surface. Rows are 33 inches apart. Yields range from three to four bales per acre at 500 pounds per bale. While prices have ranged as high as $2 per pound recently, they are anticipated to be between $1.30 and $1.50 in the coming year.

Errotabere Ranches rotates pima cotton as part of a three-year cycle with tomatoes and garbanzo beans.

The drip tape used has a five-year lifecycle and is then recycled.

Importantly, advanced irrigation technology has also helped to improve efficiency. Errotabere Ranches

Dan Errotabere and brother Jean show irrigation drip tape recently installed in alternating rows of pima cotton.

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Irrigation Leader

is currently experimenting with wireless irrigation equipment that allows the drip irrigation system to be controlled remotely. Not only does this process enhance efficiency, but it reduces the farm’s staffing needs.

However, while fewer employees are required, greater skills are necessary to operate the irrigation system.

The only major disadvantage of the drip irrigation system results from the high salinity of ground water in the region. During dry years, area growers must use well water to irrigate. However, this water has about four times the salinity as the area’s surface water and can result in clogging of the drip system. This situation becomes particularly problematic when low surface water necessitates the use of ground water for two to three years in a row. The use of surface water with lower salinity is necessary to clean the drip and ensure the free flow of irrigation water.

Dan Errotabere is a third-generation farmer and the treasurer of the Family Farm Alliance. Along with his two brothers, he manages Errotabere Ranches in Riverdale, California. He can be reached at (559) 867-4461 or daniele@errotabereranches.com.

Steven L. Hernandez attorney at law Specializing in

U.S. Bureau of Reclamation Contracts and Western Water Law 21OO North Main Street Suite 1A P.O. Box 13108 Las Cruces, NM 88013

Dan and Jean Errotabere demonstrate the infield water filtration system used to clean water for drip irrigation.

(575) 526-2101 Fax (575) 526-2506 Email:

slh@lclaw-nm.com

Water Law

Challenge Under ESA Threatens Texas Water Supply

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A legal fight continues in Texas that threatens to upend Texas water law. In March 2010, The Aransas Project (TAP) brought suit in federal district court in Corpus Christi, Texas, against the Texas Commission on Environmental Quality (TCEQ) officials. Two water districts, including the Guadalupe–Blanco River Authority (GBRA), and a statewide trade association intervened.

[Editor’s Note: See our interview with GBRA General Manager Bill West in the April 2012 edition of Irrigation Leader.] In the lawsuit, TAP has launched a generalized attack on the historic development of the water allocation system in Texas.

The core issue in the closely watched case is whether the government defendants have regulated water permitting in a way that resulted in a “take” under the Endangered Species Act (ESA) of whooping cranes at the Aransas National Wildlife Refuge in the winter of 2008–09. (TAP v. Shaw, et al., Civil Action No. C-2:10cv-00075.) TAP seeks relief that includes redirection to San Antonio Bay of currently held water rights, which TAP argues will benefit the whooping crane. The case was heard in December 2011, with 18 expert witnesses testifying and over 800 exhibits introduced at trial,

and has been fully briefed.

TAP alleges that water diversions and permitting, managed under state law by TCEQ, resulted during drought in salinity levels that adversely affected the food and water availability for the whooping cranes, ultimately causing death. To order any relief against the state, the court must first find that the state officials’ actions were the proximate cause of a take under the ESA. (Sweet Home Chapter of Communities for a Great Oregon v. Babbitt, 515 U.S. 687 (1995).) This would require a finding that TCEQ has authority to order valid permit holders not to divert water in times of drought so that water can be available to flow through to the bays and estuaries for the benefit of the whooping cranes. The state has argued that the Texas Water Code does not allow TCEQ to do so, and that the Texas Legislature has expressly denied TCEQ the authority to issue instream flow permits for the benefit of the environment and the bays and estuaries. Thus, the scope of TCEQ’s authority is a central issue in the case.

In the cases where regulation has been deemed a take under the ESA, the regulators had the authority to act under applicable state law. (See, e.g., Strahan v.

Coxe, 127 F.3d 155 (1st Cir. 1997)(no dispute that the Massachusetts Division of Marine Fisheries had the power to regulate the use of gill nets and lobster pots).) Here in TAP v. Shaw, et al., however, there is no state statute or regulation expressly authorizing TCEQ to order permit holders not to divert water in times of drought to protect bays and estuaries or for other environmental purposes.

No evidence was produced at trial that TCEQ or any predecessor agency has ever done so, or has even interpreted the Water Code as providing that authority even if it has never been exercised. TAP argued that TCEQ has this authority based on broad, general language in the Texas Water Code such as Water Code § 5.102(a), which authorizes TCEQ to perform acts “necessary and convenient” to the exercise of its jurisdiction. The

Irrigation Leader

Watermaster has the authority to allocate water in times of shortage in accordance with Texas’s “first in time, first in right” priority system, but priority rights exist only between and among permit holders, not between permit holders and nonpermit holders.

In addition, in 2007, Texas enacted a comprehensive procedure, Senate Bill 3 (S.B. 3), to address inflows and the environment. S.B. 3 requires TCEQ to adopt environmental flow standards, to be used by TCEQ in permitting water rights, and in establishing an amount of unappropriated water to be set aside for environmental flow purposes. S.B. 3 established an instream flow data collection and evaluation program and created a stakeholder-driven process for determining environmental flow set-asides for all the major river basins of Texas. The program is jointly administered by TCEQ, Texas Parks and Wildlife Department, and Texas Water Development Board. (TEX. WATER CODE § 11.02362.)

S.B. 3 created a basin-by-basin process for developing recommendations to meet the instream flow needs of rivers as well as freshwater inflow needs of affected bays and estuaries, focusing on entire ecosystems. (Id. at § 11.02362.) The process convenes representatives of the scientific, industrial, environmental, residential, and regulatory communities to ensure that a broad range of views is represented in consensus building. An advisory group, with input from the science advisory committee, which includes expertise in terrestrial and aquatic biology (§ 11.02361(b)), reviews environmental flow analysis and environmental flow recommendations submitted by each basin. (Id. at § 11.02362(d),(f ),(q).) The environmental flow regime established must be adequate “to support a sound ecological environment and to maintain the productivity, extent and persistence of key aquatic habitats in and along the affected water bodies.” (Id. at § 11.002(16).) In developing the environmental flow regime, recommendations must be based solely on the best science available and “without regard to the need for water for other uses.” (Id. at § 11.02362(m).)

State regulation of water diversions in the winter of 2008–09 resulted in consumptive diversions that were no different that winter than in the last 25 years. And that regulation did not significantly affect inflows to the estuary.

Both sides’ experts agreed that it is climatological factors— including rainfall, drought, and temperature—and not consumptive diversions, that predominantly control inflow volumes.

TAP offered statistics in an attempt to support the assertion that water diversions caused the death of a whooping crane.

But the statistical data offered by TAP do not stand for the proposition that low flows cause whooping crane mortality.

Quite the opposite—almost half of the 10 years TAP pointed to as “low flow” years did not have high reported whooping crane mortality. And in 1 year when water was abundant—a high flow year—the reported whooping crane mortalities also were high.

Even showing a correlation between inflow levels and crane mortality through statistics would not demonstrate Irrigation Leader

a correlation between consumptive diversions and crane mortality. As TAP’s own expert explained, there is no biologically meaningful connection between those two variables. It is like comparing apples and oranges.

To establish take under the ESA, TAP does not need merely to show correlation—TAP must prove causation. All experts agreed that statistics alone cannot get you from correlation to causation. TAP’s expert testified that after years of studying the relationships among whooping crane health, blue crab abundance, and freshwater inflows, he is unable to support the theory that low inflow causes crane mortality.

TAP also offered modeling analysis in an attempt to show that salinity in the San Antonio Bay was affected by consumptive diversions of water in the winter of 2008–09. But the modeling results only established that the change in salinity under each scenario was insignificant—1 part per thousand (ppt) on average. Even if all current permitted water diversions were revoked and all water flowed to the bay—if there were no permitted diversions at all—the change in bay salinity would be on average 1 ppt. This change is less than the normal, natural variability of salinity in the estuary. Experts agreed that a 1-ppt-on-average change in salinity does not impact crabs, wolfberries, or any of the other 45 foods that whooping cranes eat.

TAP also failed to connect actions of the State to alleged high salinity levels. TAP’s experts testified that at least three other factors—temperature, year, and dissolved oxygen—have a greater impact on salinity than inflows. And at least five additional factors—tidal exchange, evaporation, rainfall, humidity, and wind—significantly affect salinity.

In addition, TAP alleged that whooping cranes suffered energetic stress that winter due to food shortages. The evidence showed that there was no shortage of food for the whooping cranes in the winter of 2008–09. Relying on the most comprehensive food studies available as well as hypothetical diets, defendants established that under a variety of diet scenarios, the whooping cranes would have maintained a positive energy balance in the winter of 2008–09. TAP offered no testimony in rebuttal.

A decision is expected from the district later this year.

Kathy Robb is a partner at Hunton & Williams LLP. Her practice focuses exclusively on environmental law, including litigation in federal district and appellate courts, regulatory advice, and environmental transactions on issues under the Clean Water Act, the Endangered Species Act, NEPA, CERCLA, and other environmental statutes, representing water districts, developers, energy companies, paper companies, and investors. She represents GBRA in TAP v Shaw, et al. She can be reached at krobb@hunton.com.

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Irrigation Leader

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CLASSIFIED LISTINGS

Rubicon Water is currently seeking an experienced, highly motivated Agricultural Engineer to join our team in Phoenix, AZ, or Imperial, CA. FarmConnect Manager Phoenix, AZ, or Imperial, CA This position is responsible for building and managing Rubicon’s new on-farm product line (FarmConnect™), introducing and successfully implementing on-farm water management solutions to farmers in the Western US. The successful candidate will be responsible and accountable for developing and implementing the go-to-market strategy, generating leads, conducting business development activities, writing proposals and scope of work, overseeing and coordinating installations, and developing/managing key customers or dealer accounts. Business development experience is very important.

required to complete and oversee every aspect of project installation from product installation and commissioning to integration into SCADA and HMI systems. Duties include in-field programming and support of RTU, instrumentation, solar power systems, and motor/cable drives. Strong civil and mechanical aptitude required.

Bachelor degree in Civil or Mechanical Engineering required with 4 to 10 years of experience/knowledge in agricultural irrigation or water industry preferred

This position would suit a “hands-on” technical field engineer or electrical field technician with 2+ years’ experience in the agricultural irrigation or water industry with knowledge of PLC, SCADA, and RTU systems. Associate degree in Electrical, Mechanical, or Civil Engineering; or equivalent qualification preferred.

Send your resumes to employment@rubiconwater.com

Visit us at www.rubiconwater.com or contact us at 877-440-6080 to learn more about Rubicon Water and current career opportunities.

Send your resumes to employment@rubiconwater.com Rubicon Water is an Equal Opportunity Employer

Bachelor degree in Agricultural Engineering required with 5 to 10 years of experience/ knowledge in surface irrigation and related hydraulics, methods, techniques, and practices required.

Visit us at www.rubiconwater.com or contact us at 877-440-6080 to learn more about Rubicon Water and current career opportunities.

Rubicon Water is currently seeking an experienced, highly motivated Project Engineer to join our team in Fort Collins, CO.

Send your resumes to employment@rubiconwater.com Rubicon Water is an Equal Opportunity Employer

Rubicon Water is currently seeking an experienced, highly motivated Field Engineer/ Technician to join our team in Phoenix, AZ. Field Engineer/Technician Phoenix, AZ The position involves the installation, troubleshooting, and support of automated irrigation control systems throughout the Americas. The successful candidate will be

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Project Delivery Engineer Fort Collins, CO This flexible, hands-on role will primarily be responsible for supporting project execution throughout the Americas. The successful candidate will be responsible for product selection/sizing and review of civil installation works required for all projects. The candidate will also serve as a Project Manager, working with client’s engineers to oversee implementation of Rubicon’s hardware, software, and SCADA solutions. As needed the role will generate CAD drawings and support the field technicians in installation, commissioning, diagnostics, warehouse logistics support, product installation, and product manufacturing and assembly.

Visit us at www.rubiconwater.com or contact us at 877-440-6080 to learn more about Rubicon Water and current career opportunities.

Rubicon Water is an Equal Opportunity Employer

Request For Qualifications The Guadalupe-Blanco River Authority (GBRA) is seeking submittals for a Request for Qualifications (RFQ) for preparing a feasibility assessment study for developing ocean water desalination regional water supply, including the option of co-located power generation facilities.

All qualified firms including Small, Minority, and Women-Owned Businesses are encouraged to submit proposals in response to this project. Submittals may be turned in at the GBRA Seguin headquarters located at 933 East Court Street, Seguin, Texas 78155 until 2:00 pm on Wednesday, September 12, 2012. Submittal forms can be obtained by contacting Yolanda Pierce at (830) 379-5822 x 271 or ypierce@gbra.org.

Interested parties are, after reviewing the RFQ, encouraged to call James Lee Murphy, Esq. and/or Gary Asbury, P.E., at (830) 3795822 to schedule a meeting or meetings to discuss the specific parameters of the RFQ. Submittals shall be sealed and clearly marked: “RFQ – FEASIBILITY STUDY FOR A REGIONAL SOUTH CENTRAL TEXAS POWER AND DESALINATION PROJECT." The Guadalupe-Blanco River Authority reserves the right to accept or reject any and all proposals at its option, including nonconforming proposals, and to waive any formalities.

For information on posting to the Classified Listings, please e-mail Irrigation.Leader@waterstrategies.com.

Irrigation Leader

CLASSIFIED LISTINGS Boise Project Board of Control Project Manager Application Deadline July 14, 2012 The Project Manager (PM) administers and implements the policies and programs adopted by the Board of Directors.

The PM manages the activities of all Project employees, evaluates operational procedures, and coordinates all planning and development programs, including preparing grant applications. The PM represents the Project before all stakeholders, including the Board of Directors, regulators, and the public at large. The PM develops specific program goals, policies, procedures, and objectives.

The PM performs all personnel management tasks, including reviewing work performance

and resolving personnel issues. The PM keeps the Board apprised of the operations and needs of the Project, presents an annual budget to the Board, and prepares other reports as requested by the Board. The PM directs the safe storage, transmission, and distribution of the Project’s irrigation water supply to Project patrons.

management. Ability to analyze complex problems and implement comprehensive program plans. Skill in maintaining cooperative working relationships with the Board, staff, Project patrons, and the public.

Excellent communication skills. Experience with urban irrigation systems and hydroelectirc generation.

Qualifications: Knowledge of principles and practices associated with management at the local government level. Knowledge of public budgeting, finance, and personnel management. Knowledge of public administration principles and practices including policy formation, program planning and evaluation, budgeting, and personnel

Salary $60,000–$80,000 with comprehensive benefits.

For a full position description and information on how to apply, please visit the Jobs section at www.WaterandPowerReport.com.

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For information on advertisement rates, packages, and placement, please contact our office by e-mailing Irrigation.Leader@waterstrategies.com.

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2012 CALENDAR June 6–8 June 13–15 June 18–19 June 18–20 Aug. 1–3 Aug. 15–17 Sept. 23–25 Oct. 10–12 Oct. 11–12 Oct. 24–26 Oct. 30 Oct. 31–Nov. 2

Western States Water Council, Summer Council Meetings, Bend, OR Texas Water Conservation Assn., Mid–Year Conference, Horseshoe Bay, TX Idaho Water Users Assn., Summer Water Law Seminar & Workshop, Sun Valley, ID The Western Coalition of Arid States, Annual Conference, San Diego, CA National Water Resources Assn., Western Water Seminar, Sun Valley, ID Colorado Water Congress, Summer Conference, Steamboat Springs, CO Nebraska Assn. of Resource Districts, Annual Conference, Kearney, NE Western States Water Council, Fall Council Meetings, San Antonio, TX Oregon Water Resources Congress, Technology Seminar, Bend, OR Texas Water Conservation Assn., Fall Meeting, San Antonio, TX Columbia Basin Development League, Conf. & Annual Mtg., Moses Lake, WA National Water Resources Assn., Annual Conference, Coronado, CA

For more information on advertising in Irrigation Leader magazine, or if you would like a water event listed here, please phone (703) 517-3962 or e-mail Irrigation.Leader@waterstrategies.com.

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