New Law Refocuses Efforts From Drought Coping to Preparedness

AZ’s Drought Efforts Compatible With Law’s Intent

Officials burdened by drought worries can look forward to assistance from legislation passed last year establishing the National Integrated Drought Information System. Arizona may be in position to especially benefit from the new law, as a Colorado River Basin state and as a forerunner among states in building hydrologic databases.

Located within the National Oceanic and Atmospheric Administration, NIDIS is to boost national drought preparedness by creating reliable and timely drought forecasts and assessments to assist decision makers prepare for anticipated droughts.

Kathy Jacobs, executive director of the Arizona Water Institute, who formerly served on the Governor’s Drought Task Force executive committee, says, “The act is going to do something different. Historically there has been almost no investment at the federal level in preparing for drought; it has all been after-the-fact response. The purpose of [NIDIS] is to have better observing systems, better early warning systems, so the impacts are not as great in the first place.”

“Integrated” is the key word. Much drought work has been done throughout the country, with information gathered, studies conducted and drought and emergency plans implemented, at various levels: local, state, regional and national. What has been lacking and sorely needed are the means to gather and organize this information or, in other words, integrate it, so that it can be accessed by those who could use it. In brief, the intent of the law is to share drought information and enhance preparedness.

Or as stated in the language of the law NIDIS shall provide a drought early warning system that “is a comprehensive system that collects and integrates information on the key indicators of drought in order to make usable, reliable, and timely drought forecast and assessments of drought, including assessments of the severity of drought conditions and impacts.”

Integrating drought information among all interests will be formidable task, calling for the participation of wide range of units, organizations and agencies across the nation. Consider just the varied federal agencies to be involved: NOAA, Department of Agriculture, Army Corps of Engineers, Bureau of Land Management, Bureau of Reclamation, Geological Survey, the Environmental Protection Agency and National Aeronautics and Space Administration.

Jacobs believes Arizona, having greatly invested in building hydrologic databases, has something important to offer NIDIS. Significant drought preparedness work has been done in the state, particularly by University of Arizona researchers Gregg Garfin and Mike Crimmins. The drought monitoring systems they have developed for stakeholders would have broad application to NIDIS efforts.

Arizona also has other drought preparedness achievements. More personnel participate in its statewide drought program than in any other state drought effort in the nation. Arizona also is unique among states in organizing local drought impact groups with strong participation from Cooperative Extension and the universities. Further, state law requires all water systems to work out plans for conservation, drought and water supply.

Some officials believe Arizona’s commitment to drought planning might qualify the state to conduct a NIDIS demonstration project, possibly a project coordinated with other Colorado River Basin states. The Colorado River Basin will likely be a priority drought study area.
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Bill Seeks “Wild and Scenic”
Designation for Fossil Creek

Legislation was recently introduced to designate Fossil Creek a “wild and scenic river.” The designation would be a significant achievement for a river that only recently had its full flow restored when the Arizona Public Service Company decommissioned its Childs-Irving Hydroelectric Project in 2005.

Rivers recognized by the Wild and Scenic Rivers Act are protected from any “new hydropower projects, federal water projects, and other federally assisted water-resource projects — defined as grants licenses, permits or funding — that would alter the rivers free-flowing characteristics or have a direct effect on the river’s outstanding resources.”

The wild-and-scenic designation would protect the creek’s hard-won gains. Designations of wild-and-scenic rivers require congressional action on a case-by-case basis. The only wild-and-scenic river now in Arizona is a 40-mile designated reach of the Verde River, a river with the dubious distinction of having also been identified as one of U.S. most endangered rivers by American Rivers.

Located in the Mogollon Rim country, Fossil Creek provides habitat for several rare desert fish species. The Yavapai-Apache Tribe also supports the designation; the watershed has tribal spiritual sites as well as hunting and gathering grounds.

Until recently a legal controversy complicated efforts to designate Arizona rivers as wild and scenic. Before a river could be designated, secure water rights were needed to protect the river’s instream flow. The Arizona’s Department of Water Resources’ ability to recognize and grant instream flow rights, however, was legally challenged by Phelps Dodge.

The case ended up in the Arizona Supreme Court that ruled against the mining company in March 2006. This decision smoothed the way for obtaining WSRA designation for Arizona rivers such as Fossil Creek.
A step along the way to a WSRA designation is for a river to be listed in the Nation River Inventory. Maintained by the National Park Service, the NRI is a national listing of potentially eligible river segments. To be listed in the NRI a river segment must be free-flowing and have one or more “outstandingly remarkable” natural or cultural values judged to be of more than local or regional significance. For a list of Arizona river segments included in the NRI check: http://www.nps.gov/rtca/nri/

American Rivers lauded the Fossil Creek wild-and-scenic effort as meeting the organization’s “40x40 Challenge.” The goal of the challenge is to designate 40 new wild rivers by the 40th anniversary of the WSRA in 2008. American Rivers calls Fossil Creek “one of the best remaining free-flowing desert streams in America.” Along with Arizona, Massachusetts also is seeking approval this session for WSRA designation of a river. Conneticut and Oregon also are expected to introduce legislation to protect rivers in their states.
According to American Rivers 165 rivers comprising 11,358 river miles are in the system, with at least 3,400 other rivers meeting criteria for designation under the law. In the past five years nine rivers have been designated.

The restoration work at Fossil Creek, much of which was done by Northern Arizona University researchers, is the subject of a video documentary produced by NAU in collaboration with the Museum of Northern Arizona. See Publications, page 8, for information about the video.

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