Irrigation Leader Washington Edition June 2018

Volume 9 Issue 6 Washington State Edition

June 2018

Richard A. Lemargie DECEMBER 9, 1947—JUNE 13, 2018

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CONTENTS JUNE 2018 Volume 9, Issue 6

Irrigation Leader is published 10 times a year with combined issues for July/August and November/December by Water Strategies LLC 4 E Street SE Washington, DC 20003 STAFF: Kris Polly, Editor-in-Chief John Crotty, Senior Writer Tyler Young, Writer Julia Terbrock, Graphic Designer Capital Copyediting LLC, Copyeditor 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.

For more information, please contact John Crotty at (202) 698-0690 or John.Crotty@waterstrategies.com.

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An Interview With Jeremy Sorensen of Strawberry Water Users Association

Washington State Edition 5 The Passing of Richard Lemargie

By Kris Polly 6 Richard A. Lemargie December 9, 1947–June 18, 2018 7 Remembering Richard Lemargie 14 Jeremy Sorensen of the Strawberry Water Users Association

28 An Update on the Produce Safety Rule

By Melissa Partyka

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MANAGER PROFILE 36 Economic Development in North-Central Montana: Paul Tuss of Bear Paw Development Corporation

THE INNOVATORS 44 Forecasting Temperature, Precipitation, and Evapotranspiration: Geoff Flint and Tom Hauf of CustomWeather, Inc., and Marco Bell of Merced Irrigation District

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.

Copyright Š 2018 Water Strategies LLC. Irrigation Leader relies on the excellent contributions of a variety of natural resources professionals who provide content for the magazine. However, the views and opinions expressed by these contributors are solely those of the original contributor and do not necessarily represent or reflect the policies or positions of Irrigation Leader magazine, its editors, or Water Strategies LLC. The acceptance and use of advertisements in Irrigation Leader do not constitute a representation or warranty by Water Strategies LLC or Irrigation Leader magazine regarding the products, services, claims, or companies advertised. /IrrigationLeader

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COVER PHOTO: Richard Lemargie. Photo courtesy of the Lemargie family.

IRRIGATION LEADER

PHOTO COURTESY OF JEREMY SORENSEN.

22 The Use of Federal Water for Growing Hemp: An Interview With Reclamation's Steve Davies

32 Lower Mekong Initiative Cross-Cultural Water Resource Tour Comes to the Borderland

By Karen Ray

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.

The Passing of Richard Lemargie

By Kris Polly

T

he Columbia Basin Project, the Washington State Water Resources Association, and the Reclamation community lost a tremendous advocate, historian, and legal giant with the passing of Richard Lemargie. Very few people achieve the level of respect and reverence that Richard had. A few well-chosen words would clarify an issue, help define a plan, and generally end debate. Once Richard had spoken, that was it. All were agreed he was right. . . . And he was right. That came from a lifetime of carefully listening, studying the law, and always thinking long term.

Richard was a highly intelligent and unique individual.

His father had been the solicitor for Reclamation during the time of the building of Grand Coulee Dam and the beginnings of the Columbia Basin Project. Richard first learned about Reclamation law as a boy around his kitchen table. He became the sole attorney for all three Columbia Basin Project irrigation districts: East, South, and Quincy—a professional feat he would always play down. However, his service to all three districts was critical in keeping them cooperating, on the same path, and united in the face of difficult issues. Richard dedicated time investing in people.

He helped educate and coach his district managers on all issues. He spent time with his board members, too. He was always happy to answer questions and to explain the law.

Oddly, but fortunately, he also invested time in people outside his districts and state. When thanked by a board

member for a 2009 luncheon he hosted for the district managers and board members who were in Washington, DC, for the National Water Resources Association spring meeting, Richard responded by saying, “I thought we should get together. Kris Polly has been a big part of our recent past and I think he should be part of our future.”

That was all he said. I was offered a contract the following week. In a phone call a few weeks later, Richard said to me, “I have been thinking about you and your abilities, and I think you should start a newsletter.” And that was the beginning of Irrigation Leader magazine.

A special thank you is due to Cathy Lemargie for her permission to publish Richard’s obituary and to use his photo for the cover of this Washington State issue of Irrigation Leader magazine. Richard was a humble man and always avoided public attention. The opportunity to honor him is appreciated. IL

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.

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Richard A. Lemargie DECEMBER 9, 1947—JUNE 13, 2018

R

ichard A. Lemargie, 70, passed away Wednesday, June 13, 2018, at his home in Ephrata, Washington, surrounded by loved ones.

Richard was born at Grand Coulee Dam, Washington, in 1947 and spent his early years in what was commonly referred to as an engineer’s town just downstream from the Grand Coulee Dam. He was raised in Ephrata and never missed a day of school.

Richard grew up enjoying hunting, fishing, raising homing pigeons, delivering newspapers, and playing baseball. He played trumpet in the marching band, receiving the John Phillips Sousa Band Award. Much of his childhood was also spent helping on the Pixlee Ranch. He was active in leadership from an early age as part of the Ephrata High School student body.

As a young man, Richard worked during high school and college for the Washington State Fish and Wildlife service. He also worked several summers in a remote fire lookout high up in the mountains of the Olympic Peninsula near Hood Canal.

During the Vietnam era, he joined the Army National Guard. Richard’s father was the Bureau of Reclamation’s regional solicitor during the construction of the Grand Coulee Project. His father’s unique position allowed Richard to begin his education on reclamation law as a child around the kitchen table. He went on to complete a BA in political science at Washington State University, followed by a JD in law from Gonzaga Law School.

During law school, he interned at the law firm of Dellwo, Rudolf, Grant & Schroder in Spokane, Washington. He then moved back to Ephrata and joined the law firm of Milne and Merritt. Richard later established a partnership creating the law practice of Lemargie and Whitaker (LAW) that has served the local area for more than 35 years and is today known as Lemargie, Kenison, Franz and Whitaker.

Following in his father’s footsteps, Richard dedicated his life’s work to supporting the vision of the Columbia Basin Project: to convert arid land

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into a productive, irrigated agricultural breadbasket.

He focused on state and federal reclamation, irrigation law, and hydropower development and served the greater community by representing individual clients, the Ephrata and Quincy hospital boards, several local municipalities, the Columbia Basin irrigation districts, and the Columbia Basin Hydropower development.

Richard was active in and received several awards from the Columbia Basin Development League, the Northwest Irrigation Operators, the Washington State Water Resources Association, and the National Water Resources Association. His life, just like the many people he represented, is part of the reclamation legacy to provide great value and security to our country through the production of food and hydropower.

Throughout the years, Richard continued to be a skilled outdoorsman. He enjoyed fly fishing and bow hunting, and he participated in the Ephrata Sportsmen’s Association. He developed a passion for Pacific Northwest history and local Native American culture. He loved literature, poetry, and listening to classical music.

A believer in the importance of education, Richard was a past president of the Washington State University Alumni Association and was deeply involved in the Washington State University Honors College. He was also a supporter of the Columbia Basin Allied Arts.

A dedicated husband and loving father and grandfather, Richard was an anchor for his family and friends, always to be counted on as a trusted advisor.

He was married to his childhood best friend and lifelong partner, Kathy (Lilly) Lemargie for 46 years.

Together, they raised two children and played an active role in the community.

Richard is preceded in death by his parents, Paul and Harriett Lemargie, and his brother Jim Lemargie.

He is survived by his wife, Kathy; children Kyle (Pippa) Lemargie and Marissa (Rodolfo) Lemargie Lavaque; siblings Paul E. Lemargie and Mary Thomas; and five grandchildren. IL

IRRIGATION LEADER

Remembering Richard Lemargie

PHOTO COURTESY OF DARVIN FALES.

Richard was a great mentor and friend. His recall of events and the history of the Columbia Basin Project was pretty amazing.

When I came to South District, Richard took the time to share the background and important aspects of the project with me.

I could count on his advice to handle difficult situations or to just make work simpler. He became the attorney for the South District in February 1985, serving for over 33 years.

He was a family man and talked often of his children and wife.

He liked to call after I had been on a hunting or fishing trip to get the details. He was a man who enjoyed the outdoors, and he could tell a good story. My favorite time with Richard was a drive we took up to the Sinlahekin Valley, near the Washington-Canadian border.

He showed me his hunting camps and fishing spots, and you could tell it was one of his favorite places on Earth. His wisdom, wit, and friendship will be missed.

Richard’s father had negotiated the CBP repayment contracts on behalf of Reclamation, so I always thought that Richard saw things as if he had personal skin in the game. There was some latitude within the law and its regulation given to the districts. While this was beneficial in the end, it created internal controversy in deciding how to implement the law locally. This was true at the East District, where it turned out there was nearly a triangle among the views of the attorney, the board, and the manager about some of the options. In the end, no one had it all their way, but there was a successful and longstanding compromise.

I have always admired Richard’s professionalism during this episode. He was instrumental in crafting a durable compromise despite his strongly held personal views.

Much later, Richard was a leader in crafting agreements, changes in state laws, and Reclamation contract supplements that opened the way to bring a surface water —DAVE SOLEM supply to a region known as the SECRETARY-MANAGER, SOUTH Odessa Groundwater Subarea.

COLUMBIA BASIN IRRIGATION This area, which for a long DISTRICT time was irrigated with ancient, nonrecharging groundwater, is Richard Lemargie was probably immediately adjacent to the CBP predestined to be an attorney and had long been scheduled The "empty saddle." Quincy-Columbia Basin Irrigation District on the Columbia Basin Project to be supplied by CBP canals. honored Richard Lemargie by placing his photo and other (CBP). He was born at Grand All that had been on hold for items in the chair he used during their board meetings.

Coulee, the son of a prominent decades. During much of the Bureau of Reclamation solicitor.

1990s and early 2000s, the CBP In about 1977, Richard became the attorney for the East Columbia was hammered politically, because of endangered and threatened Basin Irrigation District. Later, he also became the attorney for salmon and steelhead listings, to reduce its water use, even though the South and Quincy-Columbia Basin Irrigation Districts, as significant CBP canal system and on-farm conservation efforts were well as the three districts’ canal hydropower arm, Columbia Basin ongoing. In the early 2000s, Endangered Species Act pressures had Hydropower, representing all four organizations simultaneously. reached the point that the state of Washington’s water resources One now-long-ago episode I remember Richard for is our program was also being affected. The state reached out to the CBP adaptation to the Reclamation Reform Act. While that federal to see if there was a way for the state’s needs and the CBP’s needs, law is now mostly just part of the landscape, it was the hot button and the water resources of both, to combine to craft a solution issue during its heyday in the 1980s. The law contained deadline that would better satisfy both out-of-stream water users and indates by which districts had to implement policies about how they stream needs. The entire process is too complicated for the space would administer the new land limitation law and its regulations. available here, but suffice it to say that Richard saw an opportunity Richard, like most or all other irrigation district attorneys, detested for a win-win solution. Even though he had long voiced caution this particular law, viewing it as a unilateral alteration by the about broadening the uses of the CBP water right to include users federal government of repayment contracts. Keep in mind that outside the confines of the CBP, Richard took the lead in crafting IRRIGATION LEADER

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solutions with both the state and Reclamation to enable the use of water conserved on the CBP canal system for the Odessa subarea, downstream users along the Columbia River, and endangered fish.

Construction of infrastructure to bring canal water to the Odessa subarea is now ongoing. Richard had a big role in that.

I believe that Richard Lemargie will rightfully be remembered as one of the giants among Columbia Basin Project leaders.

community by representing hospital boards, municipalities, and individual clients. He supported the arts and was deeply involved in the Washington State University Honors College.

Richard was a humble and unassuming man who offered sage advice, guidance, and direction to the irrigated agriculture community and the other civic and cultural organizations he served. The legacy of his work will live on.

I had the privilege of knowing and working with Richard Lemargie for over 30 years. His loss will be felt by a large number of friends and colleagues, not only for his service with the Columbia Basin Project for so many years, but for his character, integrity, and personal influence, which garnered him the respect of all. His professional accomplishments are many. Outside his family, few had the opportunity to know him so well or valued his friendship more highly than I. I will never forget the long talks about irrigation business while traveling to and from meetings; the debates over which fly to use on our next fishing trip; or the discussions about the early history of the Pacific Northwest, for which Richard had a deep passion. Few people come along in life that one can consider to be a true friend, and for me, Richard Lemargie was one of those people.

I will forever be indebted to Richard for the opportunity to be mentored by him in the early years of my practice and to join him as a partner for the last 3 years. He believed in the importance of investing in people and was always a ready resource for guidance for everyone involved with the irrigation districts. In dealing with the larger issues facing the irrigation districts, Richard always implemented a strategy of patience and persistence, which allowed him to successfully achieve many advances for the project over the course of his career. He was a compendium of historical knowledge and will be greatly missed by everyone involved in reclamation in the state of Washington. I will greatly miss his perspective and partnership.

—DICK ERICKSON SECRETARY-MANAGER, EAST COLUMBIA BASIN IRRIGATION DISTRICT (JULY 1983–APRIL 2007)

—KEITH FRANKLIN GENERAL MANAGER, QUINCY-COLUMBIA IRRIGATION DISTRICT (1990–2005)

Richard Lemargie served on the board of directors for the Washington State Water Resources Association continuously during the 25 years I have represented the association before the Washington Legislature. I had the opportunity during that time to work many of Richard’s ideas for irrigation district law improvements through the legislative process and into law. He was always available to help me understand the implications of proposed language, which enabled me to explain it to legislators who didn’t grasp the nuances of irrigation district law. Richard was a strategic thinker who thought several moves ahead and always had district interests at heart. He looked for every opportunity to improve the future interests of irrigation districts by inserting language that would put districts in the best possible legal position. He often told me, “This language might not have much effect now, but in some future litigation, it will make our case.”

—MIKE SCHWISOW DIRECTOR OF GOVERNMENT RELATIONS, WASHINGTON STATE WATER RESOURCES ASSOCIATION

A man of integrity, trust, and respect and a valuable team associate for advice and guidance defines Richard Lemargie. Richard was born at Grand Coulee Dam, Washington, and spent his early years just downstream from the dam itself. His father’s position as the Bureau of Reclamation’s regional solicitor during construction of the Grand Coulee project allowed Richard to begin his commitment to reclamation law and to the national security value of converting arid land into productive irrigated agriculture early on. I believe that all aspects of reclamation were in his DNA. Richard focused his work on state and federal reclamation, irrigation law, and hydropower development and served the greater

8

—MERLE GIBBENS SECRETARY-MANAGER, SOUTH COLUMBIA BASIN IRRIGATION DISTRICT (1983–1990), GRAND COULEE PROJECT HYDROELECTRIC AUTHORITY (1990–2007)

—ANNA FRANZ LEMARGIE, KENISON, FRANZ AND WHITAKER

I can give all manner of praise for Mr. Lemargie and the relationship that developed over 25 years of working with him. Simply put, he was a hard-working counselor, advocate, and historian for the Columbia Basin, Washington State, and Reclamation. The path he chose in life leaves a legacy in our industry and a void in many of our lives.

—SHANNON MCDANIEL MANAGER (1990–2010), ASSISTANT MANAGER (1983–1985), AND ENGINEER (1980–1982), SOUTH COLUMBIA IRRIGATION DISTRICT

Richard Lemargie, a water law and Columbia Basin Project zealot, had a driven passion to defend, preserve, and incrementally expand the Columbia Basin Project. He did so with his quiet and reserved demeanor. While I only had the privilege of working with Mr. Lemargie for the past 5 years, it became evident to me that he earned the respect of everyone he interacted with. He was a gentleman in every sense but tough as nails when he needed to be. I traveled frequently with Richard to meetings, and we visited frequently about the Columbia Basin Project. I also learned that outside work, and before his eyesight was failing, we shared a passion for the outdoors. He loved to hunt and fish and was always interested in hearing updates and stories of waterfowl hunting and fishing outings. He was also willing to share information about secret hunting spots that can be real jewels for some of us. I will miss him as my copilot, historian, mentor, and friend. Richard, my first goose in Saskatchewan this September will be for you!

—TIM CULBERTSON SECRETARY-MANAGER, COLUMBIA BASIN HYDROPOWER

I had the privilege of knowing and working with Richard for over 32 years. Richard never drove much for many years, and since I live in Ephrata, he often rode with me to meetings in the IRRIGATION LEADER

tristate area. This gave me an opportunity to get to know Richard His family can be proud of how many people Richard touched over both personally and professionally. We talked business, hunting, the years and the lasting legacy he left as part of the Columbia fishing, sports, and politics of course. He always wanted to know Basin Project. about my family, especially about my daughters, who grew up in —LORRI GRAY Ephrata and who he knew personally and supported monetarily PACIFIC NORTHWEST REGIONAL DIRECTOR, BUREAU OF RECLAMATION through their school fundraisers.

Richard was an out-of-the-box thinker who was always thinking Richard, who grew up on the Columbia Basin Project and whose far beyond the curve. He thought strategically and always wanted father had a long career as the project’s resident field solicitor during to be in the best position possible when an opportunity presented its prime development era of 1948 to 1968, was highly regarded itself. He approached an issue as if he were going to argue it in the by Reclamation employees over his entire career for treating them court room. Richard became a vital resource to me and a wealth with respect. That high regard made him particularly effective in of historical information on the development of the representing irrigation districts with Reclamation.

Columbia Basin Project.

He had a reverence born of blood and place for Richard was a friend, a mentor, and a role the epic public undertaking of the project and "I believe model to me. Like a father, he could be patient and throughout his career sought to fulfill the promise that Richard understanding while he was teaching me how to be of the project’s full development. Tireless in his Lemargie will a good district manager, but he could also be firm advocacy for the best interests of the three project rightfully be and serious when things had to be done differently irrigation districts he represented, he frequently remembered as and done now. forged effective alliances with Reclamation on key He always joked that his main job was to get the one of the giants project issues and was equally effective in resolving managers out of jail and assured us that he had a among Columbia differences between the districts and Reclamation surety bond in his briefcase at all times just for that. expeditiously and without stoking rancor or ill will.

Basin Project One day while traveling back from a Washington For instance, it was Richard who almost single leaders."

State Water Resources Association meeting with handedly won a significant pro-project Washington Richard and two other project managers, I got pulled Supreme Court water rights decision styled as "The legacy of his over by a young highway patrolman for speeding.

Department of Ecology v. Bureau of Reclamation work will live on."

Believe me, I learned that having your attorney in (1992) after the U.S. Department of Justice had the car isn’t always the best thing! Richard had that "He believed in declined to pursue the appeal as being too difficult young man so upset with comments like, “Is that for the government. Richard had a keen eye for the importance your badge number or your IQ?” that he offered distinguishing winning arguments from losing of investing to take me to town right then. And then, Richard arguments and for always responding appropriately in people and agreed that that is what he should do. That was as circumstances presented themselves. was always a another learning lesson he gave me. I learned how —JACK HOCKBERGER to talk fast and polite to get myself out of jam. ready resource FORMER BOISE FIELD SOLICITOR AND CURRENT SENIOR I think about Richard every day. We talked on for guidance ATTORNEY, U.S. DEPARTMENT OF THE INTERIOR the phone almost every day, and I miss those long phone calls that started off with business but ended somewhere in a duck blind or a fishing hole.

Richard was a one-of-a-kind personality who can never be replaced.

for everyone involved with the irrigation districts."

He sat in meetings quietly, back straight and head perfectly upright, listening intently to every word . . . without emotion. If asked, he would offer measured, careful advice, providing great wisdom. It was —DARVIN FALES "He was a several meetings later, after I kept seeing him, that SECRETARY-MANAGER, QUINCY-COLUMBIA BASIN I inquired as to who he was. The initial response gentleman in IRRIGATION DISTRICT was, “the attorney for the irrigation districts.” It every sense but was after many more years of seeing Richard in yet tough as nails When thinking of any legal issue or discussion another meeting before I had the chance to have a surrounding the Columbia Basin Project, my mind when he needed conversation. His personality was as measured as his automatically goes to Richard Lemargie. Richard to be." words. He was pleasant, warm, and accommodating. was a fixture at all board meetings, diversion rate It was clear he was a man raised in a different era.

"Richard was a discussions, contract negotiations, and numerous A true gentleman. Genteel. Reserved. I distinctly other meetings. Having grown up on and having one-of-a-kind remember the day I got him to give me a smile, and dedicated his life to the Columbia Basin Project, personality who I felt as though I had been awarded.

Richard did an excellent job representing the three can never be I appreciated him. Admired him. Respected him.

Columbia Basin irrigation districts. Richard had replaced."

And I liked him. a connection to the Bureau of Reclamation in his He will be greatly missed by the Columbia Basin Dad, who was a solicitor for Reclamation. Given Development League. He was a strong supporter his background and historical knowledge of the and proponent for the Columbia Basin Project.

Columbia Basin Project, Richard greatly influenced how the Thank you, Mr. Lemargie. project and its operations have been shaped over the years. Richard was highly intelligent, was a great thinker, and was always fair and represented his clients well. Reclamation will truly miss Richard.

IRRIGATION LEADER

—VICKY SCHARLAU EXECUTIVE DIRECTOR, COLUMBIA BASIN DEVELOPMENT LEAGUE

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"He showed respect to everyone he encountered, especially those who had ties to the Columbia Basin Project. Whether it be irrigation managers, directors, landowners and farmers, or Reclamation personnel, he treated each and every one as a friend."

"He was a worthy opponent whose wisdom, professionalism, and gentlemanly demeanor will be sorely missed."

Richard was a fantastic counselor, but not just as our district’s attorney. He equally provided counseling on administration, personnel, historical context, political involvement, and countless other topics, drawing on the wealth of knowledge that he had accumulated while working on the Columbia Basin Project. He almost had an unfair advantage over others on the project due to his introduction to it at as a young man through his father’s involvement as a solicitor during early Columbia Basin Project development. His recollection of historical events on the project never ceased to amaze me, and he rarely ever repeated a story unless it was requested by one of us who had forgotten the details he had previously told us.

I personally benefitted from his interest in mentoring a new manager through the first few years of my new adventure. He would frequently call to see how far my head was underwater, always proving an insight or clarity that helped me surface again with a refocused outlook. While I’m sure that his patience was frequently tested, he always maintained a calm demeanor that concealed any frustration he was experiencing. His interest and care in the success of the Columbia Basin Project permeated his counsel for the district constantly. That guidance will be missed and is irreplaceable.

—CRAIG SIMPSON GENERAL MANAGER, EAST COLOMBIA BASIN IRRIGATION DISTRICT

Richard Lemargie was a special man and friend. One that I admired and looked up to for good, sound advice. I remember the many times he encouraged me and gave me the advice I was seeking. He showed respect to everyone he encountered, especially those who had ties to the Columbia Basin Project. Whether it be irrigation managers, directors, landowners and farmers, or Reclamation personnel, he treated each and every one as a friend.

So many of us are going to miss his friendliness, his legal advice, and the great man he was.

—ALICE PARKER FORMER EXECUTIVE SECRETARY/DIRECTOR, COLUMBIA BASIN DEVELOPMENT LEAGUE

I had the privilege of working with Richard during my years as the regional director for Reclamation’s Pacific Northwest Region (1999–2011). While we were typically on opposite sides of the table working through a variety of Columbia Basin Project issues, there was never a meeting with Richard that I didn’t enjoy and never a negotiation at which I didn’t learn something from him (usually to my chagrin as he outmaneuvered me!). He was, as

10

"Washington’s irrigation laws have Richard’s indelible fingerprints all over them. WSWRA and all its members, past and present, thank Richard Lemargie and will always hold him in the highest esteem."

others have said, a walking encyclopedia of knowledge about the history of the project and the needs of the irrigation districts. His insights into how the project was developed and why things had been done in a particular way were always helpful and informative.

He was a worthy opponent whose wisdom, professionalism, and gentlemanly demeanor will be sorely missed.

—BILL MCDONALD RETIRED PACIFIC NORTHWEST REGIONAL DIRECTOR, BUREAU OF RECLAMATION

I’d only known Richard for the last 7 years, but when I was a new director, his historical perspective and ability to cut through the noise and confusion to help me make decisions that were intimidating and challenging was invaluable. The thing I benefited from the most in the few years I was fortunate enough to work with him was his understanding—which spanned two generations—of what irrigation means to the West. How, through vision and hard work, the desert could bloom. It was his life’s work, and his ability to articulate that passion is a gift I will always be grateful for.

—JOHN RYLAARSDAM DIRECTOR, QUINCY-COLUMBIA BASIN IRRIGATION DISTRICT

The passing of Richard Lemargie signals the end of an era for the Washington State Water Resources Association (WSWRA) and all those who knew and worked with him. He was the embodiment of a true professional and was a giant in western water and reclamation law. Richard was born at Grand Coulee Dam, raised by a Reclamation solicitor, and became the attorney for all three Columbia Basin Project districts. He and his father, Paul Lemargie, played a major role in developing the legislation that established WSWRA in the early 1980s. Richard rarely missed a WSWRA meeting and was always available to provide steady counsel for any issue that came up. He was a skilled attorney in the traditional sense, but he also knew that when there was a law that needed improving, he could get that done through the mechanisms that WSWRA provided. Rarely would a year pass that Richard did not have a piece of legislation for WSWRA to consider. Washington’s irrigation laws have Richard’s indelible fingerprints all over them. WSWRA and all its members, past and present, thank Richard Lemargie and will always hold him in the highest esteem.

—TOM MYRUM EXECUTIVE DIRECTOR, WASHINGTON STATE WATER RESOURCES ASSOCIATION

IRRIGATION LEADER

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IRRIGATION LEADER

Jeremy Sorensen of the Strawberry Water Users Association The Strawberry Water Users Association (SWUA) delivers 71,000 acre-feet of water to more than 40,000 acres of orchards and alfalfa fields, as well as burgeoning communities on the southern Wasatch Front in Utah County. SWUA uses the infrastructure of the Strawberry Valley Project, the first Bureau of Reclamation project in Utah, to move water from the Colorado River basin into the Great Basin.

For General Manager Jeremy Sorensen, delivering water on behalf of SWUA is a family affair. Since SWUA was founded 100 years ago, there have only been 20 years in which there was not a Sorensen on the board of directors.

UTAH Mr. Sorensen’s father is currently one of his 15 board members.

Mr. Sorensen started with the district as its accountant and moved into the general manager position in Strawberry Water Users Association 2011.

Kris Polly, editorin-chief of Irrigation Leader, spoke to Mr. Sorensen about SWUA’s long history of service, his efforts to transfer the title of some of the project’s infrastructure and water rights back to SWUA, and the importance of outreach to the next generation of water users.

Kris Polly: Please describe the agricultural lands you serve.

Jeremy Sorensen: Agricultural production in our area is quite diverse. In terms of orchards, we have cherry, apple, and even pluot, which is a hybrid between a plum and an apricot. Some growers raise raspberries; others raise pumpkins or watermelons. The majority of growers produce alfalfa, corn, wheat, and barley.

IRRIGATION LEADER

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Our growers use flood and sprinkler irrigation. Being in a mountain valley, those up on the hillside prefer the sprinklers, while those in the lower lands prefer flood. Flood irrigation helps push salts down and keep the nutrients going to the plant.

Kris Polly: Please describe your water delivery system and its history.

Jeremy Sorensen: All our water originates in the headwaters of the Strawberry River, which then goes into the Green River, which flows into the Colorado. All the water that we bring across is considered Colorado River drainage.

SWUA relies on Strawberry Reservoir for storage of those waters.

The Strawberry Valley Project was built in the early 1900s. Project builders drilled a tunnel through the Wasatch Front from both directions. Those men were working by candlelight and with horses, but by coming from both sides, they were able to drill the tunnel and only missed by about 6 inches.

Prior to 1991, SWUA maintained and operated Strawberry Reservoir, collecting both grazing and recreation fees to cover operational costs. This was great for our water users; SWUA was able to charge a minimal assessment to our water users because the fees around the reservoir covered our costs.

After 1991, the Central Utah Project (CUP) brought additional Colorado River water into the reservoir. CUP took a 260,000-acre-foot reservoir and increased it to 1 million acrefeet, guaranteeing SWUA 61,000 acre-feet every year. The relationship has benefitted our shareholders. It has provided SWUA with certainty and created storage space for CUP, which now operates the reservoir.

Interestingly, after SWUA signed the agreement, CUP built a new tunnel—again digging from each direction—and they were off by more than 60 feet.

Kris Polly: SWUA is seeking title transfer of parts of the Strawberry Valley Project. What elements of the project are you seeking to gain title to?

Jeremy Sorensen: We are seeking the title to power plants and our main canal, and we are also looking at trying to get the water rights.

We see a lot of the issues with the actual water rights, so we are just trying to ensure that

16

the federal government no longer has a say in what we can and cannot do. We have had so many problems with the federal government— with someone else in charge and a whole new set of rules that we cannot live up to—because we already have a precedent. We are then told that we have been doing things illegally, even though they have been aware of everything going on. It is difficult to do business with an organization that works that way.

Kris Polly: Do the problems that you are referring to relate to some of the water that has gone to small-acreage irrigators?

Jeremy Sorensen: Yes. Several years ago, Reclamation issued a footnote to a directive indicating that contractors can deliver to smallacreage irrigators. Yet, the federal government continued to tell us that we could not deliver to any small lots. One of our shareholders, a local city, sued us. The city’s residents had relied on this water for nearly 70 years, and we were required to give it to them. There we were, with shareholders who own the water that SWUA could not deliver because the federal government would not allow us. Fortunately, we were able to work through it.

Being the first water project in Utah, everything was a learning process. The way they set it up 100 years ago does not work as well today because of the encroachment of urbanization. We need to adapt.

Kris Polly: Has there been a solution to this issue?

Jeremy Sorensen: Reclamation grandfathered us in so that we can deliver to small lots. The water has to be tied to the ground, and the city does not own the ground; the homeowner does. Reclamation created the water dedication agreement, which allows the water to be tied to the ground inside the city limits, but the city becomes a subdelivery agent. We bill the city, the city bills the shareholders through their monthly billing, and the city is then able to deliver the water to the user.

Title transfer will help with this contracting process. Our other growing cities have a good grasp of state law, but they struggled to work under Reclamation law.

Kris Polly: What other benefits do you think title transfer will bring to your shareholders?

Close-up view of the Spanish Fork River Diversion Dam.

STRAWBERRY WATER USERS ASSOCIATION'S BOARD OF DIRECTORS

Scott Phillips PRESIDENT

Kevin Anderson VICE PRESIDENT

Calvin Crandall Jesse Warren J. Merrill Hallam Lynn Swenson Neil Sorensen Bill Beck Kenny Seng Kelly Lewis Guy Larson Robert McMullin Curtis Rowley Curtis Thomas Reid Stubbs IRRIGATION LEADER

Jeremy Sorensen: We will cut out the middleman on a variety of projects. For example, in one pipe replacement project, SWUA had engineered a pipe replacement and had it ready to go. We went to Reclamation to inform it of the project, but we were told that our plans had to be reviewed first. That process took some time. Without the pipe in place, one of our power plants remained idle. After 3 months, the Technical Center told us to get it engineered and have our local bureau take care of it, which we had already done. They finally allowed us to put it in the ground.

We spent 3 months waiting and losing money.

Kris Polly: Where are you in the process right now with title transfer?

Jeremy Sorensen: We are still working on getting all the stakeholders on the same page. When we first decided that we wanted title transfer, a local mayor told me that SWUA only wanted water rights in order to sell to Las Vegas. Of course, that is not possible. The state would not let me do that, and I personally did not own the water; the shareholders, such as the mayor himself, did. However, just one person saying this created a fear that we may do that.

IRRIGATION LEADER

Kris Polly: What do you hope to see on the Colorado River to help ensure that your supplies are sustained over the next 100 years?

Jeremy Sorensen: What we hear is that if Lake Powell cannot supply the needs of Colorado River water users, upstream supplies will be tapped, starting with Flaming Gorge, and we fear it will move on to Strawberry Reservoir.

Water releases will affect all of our water here. We are constantly watching that situation.

Kris Polly: What are some of the other challenges that you are dealing with right now?

Jeremy Sorensen: Like everyone else, aging infrastructure and communication issues are our two biggest challenges.

Communication is the key that everyone needs to work on more. The rumor mill circulates, and one person with influence can spread a lie. We are trying to get accurate information out there and be as proactive as we can.

I have started attending council meetings to discuss what SWUA is doing. The more proactive we can be, the better off it will be for the future. We can work on those

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Board President Scott Phillips educates second graders on Farm Field Day.

relationships so that when those off-the-wall stories come out, I can put a rumor to rest.

—JEREMY SORENSEN

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Jeremy Sorensen: In conjunction with the Provo River Water Users Association and the Central Utah Water Conservancy District, we work with the local farm bureau. Each year, they have a Farm Field Day, during which they bring 3,000 second graders to a farm. We have created a model mountain where we explain the water cycle. We have dams and pipes that show how we divert the water to different areas. We can make calls, and I have a sprayer to show the rain. It is fun to watch kids realize the purpose of the reservoirs.

This education is much needed. I had someone call me the other day; he was upset because he had a family reunion by a reservoir up Payson Canyon. Because of the drought, the

Kris Polly: What is the most important thing you have learned as an irrigation district manager?

Jeremy Sorensen: The most important thing I have learned is communication. Don’t assume anything. If you hear something verify it before making any decisions. Keep everyone involved as up to date as possible. I am not saying I am perfect at this but have found the more I talk to others the less questions we have about what we are doing. IL Jeremy Sorensen is the general manager of the Strawberry Water Users Association. He can be reached at jeremy@strawberrywater.com.

IRRIGATION LEADER

PHOTO COURTESY OF JEREMY SORENSEN.

"The more proactive we can be, the better off it will be for the future."

Kris Polly: In addition to council meetings, do you have other educational components to what you are doing so that people in the area have a better sense of how they get their water?

canyon reservoir has dried up to become a large mud puddle. He told me that I had ruined his reunion because I drained his reservoir (even though I don’t regulate that reservoir).

The public perception is that reservoirs are for recreation and fishing, when in reality, they are for drinking, irrigation, and other water usage.

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When every drop counts.

The Use of Federal Water for Growing Hemp: An Interview With Reclamation's Steve Davies

Although the Agricultural Act of 2014 includes provisions for the growth of industrial hemp for research purposes under state-approved programs, the use of federal water had been in question given hemp’s classification under the Controlled Substances Act. However, in late May 2018, the Bureau of Reclamation’s Montana Area Office issued the first permit for the use of federal water from a reservoir operated by Reclamation to irrigate industrial hemp. Only one permit has been issued so far; however, this action could allow for the crop to grow in popularity throughout the West.

In an interview with Tyler Young, writer for Irrigation Leader, Montana Area Office Manager Steve Davies speaks about the recently issued permit. Mr. Davies elaborates on Reclamation's process to issue the permit, how interested applicants should approach the application process, and his perspective on the future of hemp production in Montana.

Tyler Young: Please tell our readers about the approved request to use federal water for growing industrial hemp.

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IRRIGATION LEADER

PHOTO COURTESY OF STEVE DAVIES.

Steve Davies: In June 2017, we received a request for a water service contract from an individual who was leasing agricultural lands adjacent to the Helena Valley Irrigation District near Reclamation’s Canyon Ferry Reservoir for the purpose of growing industrial hemp. The lands being leased in this situation were not actually within the district’s boarders, but were adjacent to the district’s canal. The request came to Reclamation because we have the authority of market water from the Canyon Ferry Reservoir, so the individual asked for a water service contract for federal water to grow the industrial hemp.

Unfortunately, the grower had already planted the crop in 2017, prior to contacting Reclamation for the water service contract. This was the first formal request that Reclamation had received for that purpose. We have a policy that requires upholding the Controlled Substance Act of 1970, which

specifically included hemp as a prohibited crop. Although the 2014 Farm Bill contained provisions that allowed for exemptions to the Controlled Substance Act, we were unable to get to a decision on whether we could lawfully provide water for this purpose before the crop dried up several weeks later. About 69 acres of crop was lost.

In 2018, this same grower submitted another request for a water service contract prior to planting the industrial hemp crop. This new request included comprehensive documentation about how the grower’s plan to grow hemp fit the narrow exemptions of the Farm Bill Act. Reclamation was in a much better position of making sure we could legally provide the water based on this additional documentation. In particular, we were able to confirm that this plan had the involvement of the state Department of Agriculture and an institution of higher learning and that the cultivated crop was for research purposes under an established agricultural pilot program. Each of the required provisions identified in the Farm Bill were met, and we were assured that we could legally provide the water and not get caught between the Controlled Substance Act and the Farm Bill Act. A water service contract was subsequently issued in May 2018 prior to the grower planting the crop. We really have to give this individual credit for doing the legwork necessary to demonstrate how she legally fit this program.

Looking at the overall timeline for dealing with this situation, it was really important for Reclamation to get this decision right. We did not want to issue a water service contract for this crop and find ourselves in the position later of having to back out. This request was just in Montana, but Reclamation operates in the 17 western states. The cultivation of hemp and marijuana has gained popularity as several states, such as in California, Colorado, and Oregon, have legalized marijuana, so we must pay attention to the particular uses that growers want federal water for.

Tyler Young: Could you describe Reclamation’s official stance on the growth of hemp?

Steve Davies: We have policy that prohibits the use of federal water for the growth of hemp, as defined under the Controlled Substance Act. That said, we recognize the fairly narrow provisions of the 2014 Farm Bill Act for growing industrial hemp under an authorized pilot program and how federal water can be used in cases that fit these specific provisions. We are currently getting other inquiries about raising hemp, because farmers are finding a market for the product. Going forward, and until Congress provides additional language on the 2014 Farm Bill Act provisions, we will review such requests on a case-by-case basis to make sure these provisions are met.

Tyler Young: What is the step-by-step process for those who want to pursue growing hemp in Montana?

Steve Davies: I think first and foremost, they need to be registered and licensed under the state of Montana’s established pilot program. For growers in Montana, they really need to be affiliated with the state Department of Agriculture to grow industrial hemp under that pilot program. It fits exactly the provisions of the 2014 Farm Bill Act. Second, they should identify their water source, especially if they expect to need federal water.

Tyler Young: What does Montana's hemp industry look like?

Steve Davies: I think there is a stronger interest today. The United States imports millions of dollars of hemp from countries such as Canada and China. We are in very close proximity to Canada; this crop is being grown right across the border. A lot of products can be derived from hemp, and certainly that is driving the interest for farmers today.

IRRIGATION LEADER

Different types of crops are constantly being explored and grown, and when you cross the border into Canada, it is even more so. The state of Montana’s pilot program has at least a few dozen growers, and the particular grower that I talked about earlier who is now getting Reclamation water is the smallest of all those growers, so there is a strong interest. We are trying to understand the market more, but we have to be mindful of some of the other things that are going on in the United States in terms of legalizing marijuana, for which the Controlled Substance Act and Reclamation policy strictly prohibit the use of federal water.

We rely on Congress to pass laws and provide clarification on how they apply to the use of federal water in this industry.

Tyler Young: How is this situation changing your day-today role?

Steve Davies: Reclamation is a traditional organization that provides water to users for a wide variety of agricultural crops in Montana. The list is growing, constrained only by what farmers can successfully grow and find a market for.

We are a large marketer of water in the United States and, to some extent, in Montana. Irrigation districts and water users are becoming more creative in how they apply water and their growing patterns, so everything is constantly evolving, and we try to keep up with that. I think the number of applications for water to grow hemp will only increase in the future. Interest is growing, not just on the part of growers, but also on the part of Congress, which wants flexibility for users to grow what they need to grow to be able to survive and compete in the agricultural industry. IL Steve Davies is the area manager for the Bureau of Reclamation's Montana Area Office. He can be reached at sdavies@usbr.gov.

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AN UPDATE ON THE PRODUCE SAFETY RULE

By Melissa Partyka

I

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fresh produce have increased, so too has public awareness of produce production environments, placing irrigation supplies in the crosshairs.

The microbial quality of irrigation water supplies is at the heart of the matter. Most bacterial, protozoal, and viral pathogens that have been associated with foodborne outbreaks are readily dispersed via water, so surface water distribution networks can spread localized sources of pathogens across large areas. If a grower’s irrigation source is contaminated, pathogens may be broadcast throughout a field, creating contact with many pieces of produce, and eventually resulting in an outbreak. These, among other qualities, make water a perfect vehicle for pathogens, making their regular monitoring beyond a good idea, but a necessity. The problem is deciding what to monitor for, which forces the underlying question: What makes people sick? The answer is: Many things! However, pathogens are relatively rare, and monitoring for a rare thing is not only time consuming but also expensive. So many agencies choose to monitor for indicator organisms that occur in high concentrations inside human and animal guts. To protect the public, standards are frequently set at concentrations associated with human illness. For example, the standards in the AWP come from the U.S. Environmental Protection Agency and state that approximately 36 in 1,000 people exposed to water with an average generic E. coli concentration of 126 colonyforming units/100 milliliters are likely to become ill. It does not say guaranteed, nor does it say ill with what. This estimation is the result of decades of research and is still IRRIGATION LEADER

PHOTOS COURTESY OF FLICKR/U.S. FOOD AND DRUG ADMINISTRATION AND MELISSA PARTYKA.

n November 2016, the U.S. Food and Drug Administration (FDA) finalized the Produce Safety Rule, which includes an Agricultural Water Provision (AWP) requiring that growers identify, inspect, and monitor their irrigation water supplies for indicator E. coli. Compliance for all aspects of the rule was set to begin in January 2018.

However, in March 2017 the FDA made an announcement that it was reviewing the AWP after increasing pushback and confusion over some of the finer points of the provision. In the end, it kept the criteria the same but pushed the timeline for compliance out an additional 4 years and continued to emphasize the possibility of refinement as more science becomes available. Therein lies the rub.

Most people recognize that monitoring the water supplies that come into direct contact with fresh produce is a good idea. The problem that the FDA has encountered, one echoed by the scientific community, is that there are currently not enough data available to create a truly science-based standard for irrigation water. That does not mean that the regulation of water has no basis in science, but rather that the science of irrigation water has lagged behind that of other water types, like drinking or swimming. Why is that? Because research is hard and expensive and takes a considerable amount of time before concrete answers may be had, if any ever are. Further, funding for research is frequently driven by demand, and until recently, the demand for research linking microbial contamination of irrigation water supplies to the risk of human illness in the United States has been low. However, as outbreaks of illness associated with consumption of

regularly evaluated. To date, no study has been conducted to approximate the likelihood of illness in people that consume fresh produce that has been irrigated with water at different indicator E. coli concentrations.

Before the hard work of understanding risk to consumers can be done, however, we need to first understand the quality of irrigation water supplies across the United States. This is where irrigation districts in California and Washington have been helping. Following the release of the Produce Safety Rule and the subsequent AWP, my colleagues and I began actively pursuing irrigation districts across the western United States as partners in research.

Since that time, we have successfully completed a multistate survey of indicators and pathogens in surface irrigation water supplies, followed by a multiyear study to validate the use of data sharing as allowed under section 112.47(a)(2) of the rule. Specifically, this provision allows growers to collaboratively monitor their water IRRIGATION LEADER

ABOVE: Melissa Partyka.

The microbial quality of irrigation water supplies is at the heart of the matter.

—MELISSA PARTYKA

supplies, provided there are no reasonably foreseeable sources of contamination in between monitoring locations. In short, this means that growers along an irrigation canal or a piped lateral can all share their data and dramatically reduce the burden on any one grower. Without preliminary data, however, it is unclear how far away growers can be from one another and still collaborate, or even which factors along a canal should be considered “reasonably foreseeable sources of contamination.” We are actively analyzing our data collected from eight districts over 3 years to provide guidance on these questions and help growers begin the work of complying with the AWP. But much more work remains.

Though we currently enjoy ample participation, it took us years to gain the trust of enough districts to make a robust study possible. In western states, irrigation districts are a gateway that researchers must pass through to gain access to surface water distribution networks. Though the AWP places the sole responsibility of water testing on the grower, in the West the source of many growers’ water is under irrigation district control. Partnering with irrigation districts is also much more efficient for researchers, since districts already have a built-in relationship with growers and can act as honest brokers of information. However, fear of potential liability has led some districts to respectfully decline opportunities for Food Safety Modernization Act–related collaboration. Thus, the science of agricultural water tends to be concentrated in a few research-friendly irrigation districts, reducing our ability to capture the broad diversity of agricultural water conditions experienced by the majority of produce growers. Even with access and helpful partners, public funding for this type of research is extremely limited, and research takes time. Again, districts may be able to help by lobbying state and federal legislators for increased funding for rigorous, and ultimately publishable, research of surface water irrigation supplies. But for now, growers and regulators will have to make do with the best available research and hope for better. IL Dr. Melissa Partyka is an extension specialist at Auburn University and is an affiliate for the UC Davis Western Institute for Food Safety and Security. She can be reached at m.partyka@auburn.edu.

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International Leadership Visitor Program visits Elephant Butte Dam.

Lower Mekong Initiative Cross-Cultural Water Resource Tour Comes to the Borderland

By Karen Ray

O

n the eve of southern New Mexico’s monsoon season, members of the International Leadership Visitor Program (IVLP), sponsored by the U. S. Department of State, spent the day with Elephant Butte Irrigation District (EBID) Treasurer/Manager Gary Esslinger and other water professionals learning about irrigation, agriculture, and environmental and water law practices.

The IVLP works with individuals nominated by embassies around the world who participate in professional exchanges to the United States. The theme of this tour was the Lower Mekong Initiative: Cross-Border Water Resource Management. The Lower Mekong Initiative (LMI) serves as a multinational partnership effort initiated by the United States, Cambodia, Laos, Thailand and Vietnam in 2009 to promote and to foster integrated sub-regional cooperation and capacity building in the Mekong sub-region.

Mr. Esslinger said, “They were interested in the fact

32

that the federal government was not as involved in how we administer water in our area. The U.S. government built our system, but farmers paid it off; this was unheard of.”

Also unheard of was Mexico’s million dollar repayment contribution in return for the 1906 water delivery treaty.

The participants saw a variety of crops grown and practices that are much different from theirs. They were fascinated by the pecan orchards—a new nut to them—and they were amazed to see field workers harvesting onions.

“Does the government hire those people?” one visitor asked.

Mr. Esslinger replied, “No, the farmer does.”

An Albuquerque-based nonprofit, Global Ties ABQ, facilitated the tour. Spokesperson Destiny Logan explained the organization’s goal to create connections between visitors and New Mexicans. “This group’s objective was to talk about water sharing for multiple purposes because in that region, they are reliant on one river—the Mekong.”

IRRIGATION LEADER

The LMI’s challenges in cross-border water rights are similar to our situation with Rio Grande water acquisition and delivery across three states and one country. Hour Thanit, vice chief of office in the Cambodian Ministry of Environment, stated, “EBID is the model of water sharing with the specific amount of water from Colorado to New Mexico and from Texas to Mexico.”

Pham Thi Dieu My with the Centre for Social Research and Development in Viet Nam was interested in industrialization and climate change. Thi felt that EBID’s purpose “really matched with our risks in our home country.

Topics of water management are the same [as] in the Mekong District.”

Dr. Phil King, EBID engineering consultant, described Rio Grande geography, explaining its origins in Colorado and its path through New Mexico and El Paso, Texas, to become the international border between the United States and Mexico.

The group’s district tour began at Elephant Butte Reservoir, New Mexico’s key storage dam.

Released water travels through the Hatch/Rincon Valleys, irrigating agricultural lands and producing a variety of key crops, from onions, pecans, and forages to our famous Hatch chile. It continues through the Mesilla Valley, enabling agricultural production there, then on through the Mesilla Diversion Dam in New Mexico to be shared with Texas. Below this, the Rio Grande becomes the international boundary, and travelers look across the Rio Grande into Mexico.

Dr. King said, “During the critical irrigation season, the two irrigation districts and Mexico often speak daily to stay apprised of the water situation.” SCADA monitoring data, available on the EBID and EP#1 websites, help all parties see where the water is in the system.

New Mexico is facing ongoing extreme drought. “The all-time record-low release occurred in 2013,” Dr. King said. “This river has massive swings in water supply.”

The district creatively handles drought, including capturing stormwater that can be used directly for irrigation, to reduce the release from Caballo and deliver water to Texas and Mexico or to infiltrate and recharge the aquifer.

This provides vital flexibility to producers. Mr. Esslinger described how farmers laser level fields, have on-farm practices like high-flow turnouts, and can apply 4 inches of water conservatively. A full supply is 3 acre-feet per acre, compared to 10 inches this year. “The way we irrigate and conserve water fascinated them; it’s different than what they are used to,” he said.

EBID works proactively with environmental groups and is in discussions with the International Boundary IRRIGATION LEADER

Water Commission (IBWC) to maintain the river channel for efficient conveyance, flood control conveyance, and establishment of wildlife habitat in the upriver channel.

Dr. King said this long-term struggle to balance the river’s water use functions has developed into a plan to move the habitat out of the main river channel.

Samantha Barncastle Salopek, EBID legal counsel, noted that LMI tour members were interested in the balance between human consumption/use of water and natural environmental water use. She explained, “In the western United States, you have a right to use water, although it is owned by the state and is subject to state and federal regulations and delivery obligations.” Water elsewhere is typically managed by government Elephant agencies within communities. The two Butte primary federal regulations are the Irrigation Clean Water Act regulating pollution and the Endangered Species Act District covering ecological flow issues while also protecting human rights to use water.” Ms. Salopek acknowledged the question of balance. “We have to have water to survive, to drink, to eat, to NEW MEXICO provide for our children’s future. But at the same time, there is a benefit to letting the species use the water also.”

EBID’s endangered species of concern are the southwestern willow flycatcher and the yellow-billed cuckoo. The district developed a collaborative program to protect species called the Environmental Water Transaction Program. “Over the last 10 to 15 years, farmers have worked together with environment groups to make sure the species gets their water,” said Salopek.

Farmers are able to move water rights to different land parcels through a voluntary water rights transfer process.

The policy allows e-farmers to order water like farmers and irrigate native vegetation to grow habitat for endangered species. Robert Faubion, EBID board president, said, “Water delivered to restoration sites will irrigate riparian shrub, woodland, and wetland vegetation. It is still agriculture, but we are just growing something different.”

The Mesilla Valley Bosque State Park, west of Las Cruces along the Rio Grande, is one example.

Learning about New Mexico’s challenges in delivering water to not just EBID users but across state borders and to Mexico provided our international visitors with insights to take home and use to expand their own strategic discussions. One tour member commented that he will remember the “unique landscape and the importance of the Rio Grande for the people of New Mexico and Texas as well as Mexico.” IL Karen Ray is a media consultant at Elephant Butte Irrigation District. She can be reached at ray.karen7@gmail.com.

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MANAGER PROFILE

Economic Development in North-Central Montana: Paul Tuss of Bear Paw Development Corporation

Created in 1969 as an economic development district, Bear Paw Development Corporation has been shaping the economic landscape of north-central Montana for nearly 50 years. Bear Paw Development is looking to propel its district forward by establishing itself as a leader in alternative energy, transportation, light manufacturing, food processing, health care, value-added agriculture, micro-enterprise development, and workforce education.

In an interview with Irrigation Leader’s editor-in-chief, Kris Polly, Paul Tuss, executive director for Bear Paw Development, speaks about the mission and goals of Bear Paw Development. Mr. Tuss discusses the importance of economic development for the region, new areas for expansion within agriculture, and the many economic incentives the state of Montana has to offer to individuals and businesses that wish to call north-central Montana home.

Kris Polly: Please tell us about your professional background and the company you work for.

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revolving loan funds. We have approximately $8 million available to lend to aspiring entrepreneurs or existing business owners who want to open a new business or expand an existing one. We are actively involved in every aspect of economic and community development here in northern Montana.

Next year we celebrate our 50th year. We are Montana's longest-serving economic development district, and we have been a federally recognized economic development district since the late 1960s. It is pretty unusual to find an organization doing what we do for as long as we have.

Kris Polly: Please tell our readers about the Milk River Project.

Paul Tuss: We have been involved in this project since its inception. We live in an area of northern Montana known as the Milk River Valley. It is a beautiful part of our state, and from an economic perspective, the valley produces about 10 percent of Montana's GDP, including a significant portion of its agricultural economy.

Over 100 years ago, an incredible piece of infrastructure known as the St. Mary Conveyance Works was designed and constructed. It transfers water from the St. Mary River basin to the Milk River basin. What happened 100 years ago, and continues to happen to this very day, is the Milk IRRIGATION LEADER

PHOTO COURTESY OF PAUL TUSS.

Paul Tuss: I serve as executive director of Bear Paw Development Corporation, located in Havre, Montana.

We are an economic development district and have been in operation for 49 years. We serve a five-county region in northern Montana that also includes two Indian reservations.

We are a nonprofit economic and community development organization engaged in numerous projects in our very rural area. Bear Paw is a one-stop shop for all economic and community development activities in this region. Half our work is devoted to community development, which is focused on local government infrastructure, including water, wastewater, bridges, senior citizen centers, hospitals, walking trails, and other such amenities.

The other half of our business is devoted to economic development, focusing on job creation and business growth.

We are a regional host for a small business development center, which helps entrepreneurs develop business plans to help them finance their small business start-up or expansion plans. We also house one of Montana's largest

Paul Tuss, executive director of Bear Paw Development.

MANAGER PROFILE

MONTANA

Bear Paw Development Corporation boundary

chickpeas and lentils. Montana has gone from being a bit player in the pulse crop market just a few years ago to number one in the nation for growing certain pulse crops, including lentils. Our region here in northern Montana is heavily involved in that market. None of this would be possible without the capacity to irrigate these acres with water that flows into the Milk River because of the St. Mary Conveyance.

Kris Polly: Are you interested in attracting processors or potential specialty crops to the valley?

River Valley flourishes because we are able to irrigate tens of thousands of acres of land. We live in a fairly arid part of the country, and the Milk River, which flows right through Havre, would actually run dry 7 of 10 years if this infrastructure component had not been constructed 100 years ago. We owe our livelihood to this incredible piece of infrastructure that, unfortunately, needs work right now. It is located on the Blackfeet Indian Reservation and delivers water that ultimately goes into Canada and comes back into the United States just north of Havre.

This water is used not only to irrigate an incredible amount of land, but also for municipal drinking water, economic development purposes, and of course, recreational purposes throughout our region. We refer to it as the lifeline of the Hi-Line.

Kris Polly: Is Bear Paw interested in further economic development of the St. Mary's project in the Milk River Valley?

Paul Tuss: We sure are. We seize every opportunity we can to help communities grow and become great places to live, work, raise a family, and build a business. Candidly, none of these things could happen without this project. This is arguably the single most important infrastructural enhancement in northern Montana when it comes to making communities economically viable and great places to live. We are heavily invested in making sure that this project moves forward and that the necessary rehabilitation happens as quickly as possible.

Kris Polly: How many acres are irrigated by the project now?

Paul Tuss: Around 121,000 acres are irrigated with water from this project. Agriculture is the backbone to our economy here in northern Montana and always will be. This level of agricultural production simply would not exist if this infrastructural enhancement had not been constructed over 100 years ago.

Kris Polly: What are some of the crops that are grown there, and what types of economic projects are you trying to bring to the project?

Paul Tuss: We have traditional crops, including wheat and barley, that have always been grown here. However, there are now a significant number of pulse crops that are being grown in this area, including IRRIGATION LEADER

Paul Tuss: You bet. We understand full well that as significant an economic driver as traditional agriculture is, taking traditional agriculture to the next level and adding value to the commodities we grow is equally important.

We at Bear Paw Development greatly value the partnerships we have with industry and the agricultural community to add value to the commodities we grow. In other words, rather than simply shipping wheat to the Pacific Rim, it would be far better to be baking bread with it and getting a higher price for the quality products we grow here. The idea is that valueadded activity will result in higher profits for our agricultural producers. Rather than simply raising cattle, we can produce high-end beef that can be processed right here. We have an entire department at Bear Paw Development that is devoted exclusively to value-added agriculture.

We assist people at the local level when it comes to things they want to do. For example, we have helped a local snack food manufacturer whose product is grown organically here in our region. If we can add value to these incredible agricultural products that farmers and ranchers have been growing for over 100 years in our region, we are going to see the benefits of that for decades to come.

Kris Polly: What are some advantages that companies should be aware of before doing business in Montana?

Paul Tuss: We are 35 miles from the Canadian border. Even for those of us who live that close to Canada, we tend to forget that our neighbors to the north are not just great friends of ours but also are consumers. There are a lot of people who live on that southern border of Canada. If I were to get in my vehicle

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MANAGER PROFILE right now and drive 4 hours north of Havre, Montana, I would be in Calgary, which is a city of 1 million people.

We are strategically located in an area of Montana, and in an area of the United States, that has geographic access to an incredibly large market. If we can successfully grow crops in our area, which we know we can, and then add value to them through food and other manufacturing processes, access the Canadian market is a great benefit.

Kris Polly: Are there any incentives that people should be aware of ?

Paul Tuss: That is one of the great values of working with an organization like Bear Paw Development. We have eight well-trained economic development professionals on our staff to assist entrepreneurs and people who may want to start a business. We have access to all the various funding agencies at both the state and federal level. We house a number of programs to help entrepreneurs who are just starting out, as well as business owners who have been in business for a while. We also have loan funds available to start and grow a business. Interested entrepreneurs should get in touch with us.

Kris Polly: Are there any tax advantages to doing business in Montana?

Paul Tuss: Montana is one of just a handful of states that does not have a sales tax. That is a significant benefit not only to businesses, but also consumers. An additional tax incentive, particularly from a property tax perspective, is that we have a legislatively authorized property tax break for new and emerging businesses here in Montana. We also are home to several tax increment finance districts that assist businesses and communities build their physical infrastructure. There are a number of advantages to locating in Montana.

Kris Polly: If people want to know more information, where should they go?

Paul Tuss: You can find us on our website at bearpaw.org.

We are willing to do whatever we can to find the right resources to help people grow their business. IL Paul Tuss is the executive director of Bear Paw Development Corporation. He can be reached at PTuss@bearpaw.org.

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THE INNOVATORS

Forecasting Temperature, Precipitation, and Evapotranspiration An Interview With Geoff Flint and Tom Hauf of CustomWeather, Inc., and Marco Bell of Merced Irrigation District

Close-up look of the gridded precipitation outlook for Merced Irrigation District.

Rain and snow are prized by irrigation districts, and when districts depend on them to ensure water deliveries, accurate weather forecasts become a necessity. This is the very challenge CustomWeather, Inc., has set out to meet for its customers. Since 2000, CustomWeather has been providing decisionmakers with accurate weather forecast data with which to better predict precipitation type, precipitation amounts, and evapotranspiration rates, all of which makes managing irrigation districts easier.

In an interview with Tyler Young, writer for Irrigation Leader, CustomWeather’s President and Chief Executive Officer Geoff Flint and Senior Sales Executive Tom Hauf, and Marco Bell, water engineer for Merced Irrigation District, discuss what goes into providing their customers with the CustomWeather model, the success customers have with the model, and the goals for the further development of the model.

Tyler Young: Please tell us about your background in the industry.

Geoff Flint: I cofounded CustomWeather in 2000, and I have a background in meteorology and economics. I wrote most of the original software at CustomWeather, so I have extensive programming experience in addition to over 20 years of experience in meteorology. I help to bridge the gap between sales and technology at the company. We’re always thinking of innovative solutions to different weather challenges that companies face.

Tom Hauf: I am a former Air Force weather officer. I joined CustomWeather in 2003. My primary focus

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at CustomWeather is developing and implementing customized weather solutions.

Marco Bell: I have been in water resources for about 40 years now. I started when I was a young man working in the Panama Canal. Today, I work for the Merced Irrigation District, where I have been for the past 5 years.

Tyler Young: Please give us a brief history of CustomWeather, why it was established, and its mission.

Tom Hauf: CustomWeather was founded in 2000 and is headquartered in San Francisco. We have been a leading provider of weather information, focused on providing technical innovations and solutions to decisionmakers.

CustomWeather is not a big consumer-facing company, but rather a smaller operation focused on the back end of operations. We like to think of ourselves as the biggest little weather company of the world. We are just as capable as the big weather companies, but we are small enough to offer individual support for our customers. We provide historical, real-time, and high-resolution forecast data, maps, and weather tracking for 80,000 locations in 230 countries and in 80 languages.

The backbone of our entire operation is our proprietary high-resolution forecasting model, the CustomWeather 100 or CW100. The model focuses on the lowest levels of the atmosphere with resolution much finer than that of standard forecast models. We believe the CW100 to be the most accurate high-resolution forecast model in existence. Its ability to project near-surface weather with IRRIGATION LEADER

THE INNOVATORS unprecedented resolution and accuracy is revolutionary.

The model is able to account for mountainous areas that have widely varying terrain. It performs equally well during nighttime and daytime, and in nonpopulated areas and populated areas. Our goal is to help decisionmakers make critical weather decisions based on our data.

Tyler Young: Marco, please tell us about Merced Irrigation District and how the district began working with CustomWeather.

inform the hydrology models that Dewberry provides. It is very important for the Merced Irrigation District to be able to predict things like runoff; evaporation; and most importantly, snowmelt, which all have a major effect on water levels and other parameters the district models. The solution is good compared to others because it is high resolution, and as I mentioned before, it is able to account for a diverse microclimate in the mountains. The CW100 model offers a high degree of accuracy. Evapotranspiration is also important, especially in a world that’s going dry in many respects.

Marco Bell: The irrigation district became an entity in 1919, and its roots go all the way back to the mid 1800s Marco Bell: One of CustomWeather’s advantages is that its with previous canal companies. We began building our employees have a meteorological background, so the inputs reservoir in 1964, and we completed construction in 1967. actually have a meteorological, physical nature to them.

It holds over a million acre-feet of water, which we use It is not just based on observed point data or locations to meet our irrigation demands of about 140,000 acres of in the mountains. Instead, CustomWeather can actually irrigated land. extrapolate and use models to give us more precise input Snow and snowmelt in the high mountain elevations data than we could ever come up with on our own. significantly affect our management approach. I decided to make models with a gridded approach to better handle Tom Hauf: The CW100 analyzes six different National our forecasting, especially with snow, snowmelt, and runoff. Oceanic and Atmospheric Administration models and In researching solutions that could help us, I one model from Canada. Then we rate the found that CustomWeather had the perfect performance of each model for initialization "We like product that could provide all the parameters on purposes to determine which model is working to think of best, and that’s the one we use to inform our a gridded basis. We integrated CustomWeather’s solution into our operation, and we could not CW100 model. ourselves be more impressed. I was very excited to have as the the company on board. Now after many years Tyler Young: What are some of the challenges or of working together and further developing our biggest little uphill struggles you have overcome? models, CustomWeather has proven to be the right choice for us. We have expanded the model weather Tom Hauf: As far as the challenges go, mountain and are now developing models down to the is at the top of the list. It is difficult to company of terrain valley, including the four reservoirs at the lower accurately estimate precipitation from radar watersheds in the basin. The models include the the world." because radar cannot see behind the mountain, San Joaquin River and end on the south side of so we supplement the radar data with rain gauge —TOM HAUF the district. observations. There are ways we can fill in where we cannot see precipitation falling, and it has Tom Hauf: In Marco’s business, he has a specific need that worked out quite well. Another challenge is determining a lot of companies are not able to fulfill. He was looking where it is raining and where it is snowing. As you would for a company that could work with him one-on-one. This expect, rain and snow behave differently. Rain runs right took time to develop; it didn’t just happen overnight. After off into the rivers, and snow stays there and melts later. It’s some back and forth, we were able to develop an excellent important to know the precipitation type, which is difficult solution for the district. due to the sparseness of actual observations.

Marco Bell: We have been developing this process over time, and it’s in pretty good shape now.

Tyler Young: Tom, please describe the service you provide to Merced Irrigation District.

Tom Hauf: In essence, we provide high-resolution gridded observations and forecasts for temperature, precipitation, and evapotranspiration. Our forecast data covers everything that falls from the sky. Those inputs are then used to IRRIGATION LEADER

Geoff Flint: It is difficult to pinpoint exact precipitation totals in the mountainous and diverse terrain in the Merced Irrigation District because there are few rain gauges and much of the area is outside the typical radar beam. We’ve had to use a combination of sources to accurately fill in precipitation totals, including elevation-adjusted gauge readings, Doppler radar estimates where available, and modeled data. Our forecast model itself does a nice job of picking up the wide range of rainfall and snowfall totals across the district.

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THE INNOVATORS Marco Bell: One of the major challenges we have is moving away from the way models of the past. For example, a basin may be 10 square miles, and in the mountains within those 10 square miles, everything can change significantly. You have high elevation areas, low elevation areas, high slopes, and low slopes, and the storm can come from any direction.

We can easily end up not getting the right solution, so we had to grid the basin into different squares or elements and characterize each individual element in more detail.

With the CustomWeather model, we are able to do just that with precipitation and snowmelt. We can now delineate and forecast where the snow falls and where the rain starts with a lot more precision than with the other models. That is important because it can accurately tell us how much water is going into our reservoirs at any given time. There are two major challenges to deal with: dry conditions in which we have almost no water, and periods of time with high water levels. We have been all the way down and all the way up in recent years, but we have managed that successfully. There is a risk that requires us to know what runoff is coming down and to have a handle on snowmelt. The best way to do it in a mountainous area is to do a gridded approach with a physical base model. Our process handles that part of the challenge well. We are better able to conserve our water so that we have a better, more reliable water supply; to reduce the effects of drought; and to better manage reservoir operations to ensure that flood space is available when the flood waters come.

Marco Bell: We do those two things with the model. We operate on a real-time basis, because we need to know what is happening right now, and we forecast for the next week.

We use hourly time increments with details of what is going to happen in the future. We manage our operations, including our deliveries, flood control, and environmental requirements, by using this system.

We also have a planning version that based on a physical model for analyzing effects such as climate change. For example, we can analyze the climate change effects and start planning the infrastructure we may need to build.

Capital projects planning can help ensure that we will be able to meet future operational needs as best as we can. For example, we can prepare climate change scenarios from CustomWeather data to examine what’s going to happen in our basin and plan accordingly. So it is useful not only for real-time operations but also for guiding and planning.

Tyler Young: Where do you see CustomWeather going in the future?

Geoff Flint: We’re able to provide a high-resolution and tailored weather solution to any irrigation district out there.

We’re partnered with Dewberry for hydrology modeling, and we have many products tailored to the agricultural side of things, such as evapotranspiration. We can certainly help any irrigation district looking for better flood forecasting, both short and long term.

Tom Hauf: We see a growing need for our high-resolution CW100 modeling techniques, not only to prepare districts for rain events or big precipitation, but also to prepare them for what appears to be lengthening periods of dry weather due to climate change.

Geoff Flint: Every year, the forecasts get better, the models get even higher resolution, and the amount of data we process gets more immense. We’ve developed our own system to handle and process terabytes of weather information each day. We’re able to tailor that information to our customers’ exact needs. As a company, we constantly stay on top of the latest technologies so we can bring extra value to our clients. Part of that value is the accuracy of our weather forecasts and the custom solutions that we provide.

In the coming years, I foresee big improvements in the weather forecasting 3–4 weeks out, which will be beneficial for planning purposes for irrigation districts everywhere.

Tom Hauf: We provide two things: current condition observations and forecasts. Precipitation is tricky because much of the area is outside the radar beam, so we rely on multiradar, multicenter data to adjust for elevation. There are ways we can fill in where we cannot see precipitation falling, and it’s worked out quite well.

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Tyler Young: What advice do you have for districts that may be considering working with CustomWeather?

Tom Hauf: Water engineers and irrigation district managers have a growing need for high-resolution forecasts, and CustomWeather is eager to serve. We have worked directly with many different groups to fine tune what we do, and that is the whole idea behind CustomWeather—we are masters of customization.

Marco Bell: From my perspective, water is one of the most valuable resources, and it becomes more valuable as we stress our environment. With climate change, we are seeing sea levels rise, precipitation dynamics changing, and snowmelt seasons shortening. These challenges demand that we have the ability to meet our water supply requirements within our individual mandates. What CustomWeather can do for districts is help them with forecast and parameter analysis to help better manage risks in their specific area. IL Geoff Flint is the president and chief executive officer of CustomWeather, Inc. He can be reached at gflint@customweather.com.

Tom Hauf is the senior sales executive at CustomWeather, Inc. He can be reached at tomhauf@customweather.com.

Marco Bell is the water engineer for Merced Irrigation District.

He can be reached at mbell@mercedid.org.

IRRIGATION LEADER

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