PROTECTIONS FOR WATERS

The ambitious goal of conserving 30% of America requires not only protecting our lands, but waters as well. While there are many mechanisms for protecting oceans, rivers, and streams at the federal level—such as national marine sanctuaries and Wild and Scenic Rivers—fewer options exist for state governments. 

Why inland water conservation?

Streams, rivers, lakes, and the water they provide are the lifeblood of the West. Major river systems have long supplied communities with water for agriculture and drinking, and provided critical habitat for wildlife. Over the course of centuries, a complex system of laws has been developed to govern ownership of water rights, protection of rivers and streams, and how waters can be conserved for communities and future generations. Increasingly, hotter temperatures and drought caused by climate change have increased stress on rivers and streams across the region, driving the need for increased conservation efforts. 

What are states doing?

Across the West, policy governing water use, conservation, and the protection of aquatic habitat is a hotly debated topic. Now, as Western states face prolonged drought exacerbated by climate change, along with increased pressure from development, state governments are looking for innovative ways to protect and conserve water supplies and habitat.

In 2009, Colorado’s legislature enacted a Wild and Scenic Rivers Fund, which aims to develop protections for rivers as an alternative to the federal Wild and Scenic River designation. Under the program, the Colorado Water Conservation Board has provided funding for stakeholder groups to determine “waterways with outstanding remarkable values” worthy of protection across the Upper Colorado, Lower Dolores, and San Juan river basins. These groups have engaged in a wide range of activities, from monitoring stream flows and water quality to providing recommendations on how to increase and maintain recreational access and protect critical habitat. Similarly, Utah has developed a partnership to monitor and conserve the Weber River basin.

Multiple Western states, including New Mexico, Arizona, and Colorado have established programs to fund watershed restoration and cleanup that can improve river health. These programs generally distribute federal funding to reduce pollution from development activities and improve habitat and water quality.

Virtually all Western states conserve some lakes and rivers through state parks, wildlife areas, and other protected spaces. Additionally, state governments seek to provide fishing and boating access to a range of waterways, with an additional goal of protecting aquatic habitat.

One critical tool states have is allowing the owners of water rights to allow water flows to be left instream without forfeiting their legal rights. Such instream flows are critical in protecting habitat for fish and other aquatic species. For example, in 1973 Colorado’s state legislature voted to allow instream flow water rights, which have since been utilized in more than 9,700 miles of streams. Several additional Western states also allow instream flow water rights, including Wyoming, Nevada, Idaho, and New Mexico. While Arizona does not currently allow water rights to be used for environmental purposes, operating instead under a “use it or lose it” policy, bills have been introduced to allow instream flows. Additionally, Colorado has enacted a program for recreational instream flows, maintaining water levels in certain places to ensure a suitable recreational experience. 

Takeaways 

Western watersheds are increasingly feeling the impacts of climate change and development. While state governments are bound by an arcane web of laws governing water rights, several states have taken innovative measures to protect lakes, rivers, and streams, such as creating protective designations for waterways, establishing watershed restoration funds, and allowing instream flow water rights. Going forward, state action to protect aquatic habitat and conserve waterways will be critical in reaching the goal of protecting 30% of America’s lands and waters by 2030.