The document summarizes the tentative order from the Oklahoma Water Resources Board regarding the designation and allocation of water rights in the Arbuckle-Simpson Groundwater Basin. Key points include:
- The basin is designated as the Arbuckle-Simpson Groundwater Basin and declared a major and sensitive sole source groundwater basin.
- The tentative Maximum Annual Yield is determined to be 78,404 acre-feet with an Equal Proportionate Share of 0.20 acre-foot per acre per year.
- Existing temporary permits will remain for 5 years before being replaced with regular permits to allow time for implementation.
- A public hearing will be held to take input on criteria for implementation extensions, potential
NY DEC Letter Refusing to Grant Stream Crossing Permits for Constitution Pipe...Marcellus Drilling News
A totally bogus BS letter refusing to grant stream crossing permits for the much-needed Constitution Pipeline in New York State. Gov. Andrew Cuomo instructed the Dept. of Environmental Conservation to refuse the permits on political grounds--and this letter is the bogus excuses the DEC made up in order to cover Cuomo's political dictatorial decision.
Navigating Nebraska's Water Administrative Process - Jennifer Back, National ...rshimoda2014
The Niobrara National Scenic River, located in north-central Nebraska, provides a valuable case study of the challenges facing federal agencies responsible for managing rivers under the National Wild and Scenic Rivers system. In 1991, Congress designated 76 miles of the Niobrara River as a unit of the national Wild and Scenic Rivers System. The river is known for its beauty, biologic significance, and superb canoeing.
Recently, the National Park Service has become concerned about new surface water diversions and groundwater appropriations affecting instream flows, particularly during the summer recreational boating season. The purpose of the Wild and Scenic Rivers Act is to protect selected rivers for the benefit and enjoyment of present and future generations. Based on the language of the act and its legislative history, it is generally understood that the act creates unquantified federal water rights. The amount of the water right depends upon unappropriated flows at the time of designation and the values for which the river was set aside. The National Park Service is concerned that new appropriations will diminish these values.
The challenge for the National Park Service is that Nebraska refuses to recognize its federal water right. By failing to recognize the water right, the state has denied the federal agencies the ability to participate in the state administrative process and the ability to protect the values for which the river was designated. Protecting instream flows for a wild and scenic river in a state where the state legal system does not recognize federal water rights is an unanticipated challenge for many river managers.
This presentation provides important lessons for river managers on navigating the state water right administrative process, and understanding the tools available to protect rivers from future appropriations when the state system is inadequate.
A critique of New York's draft drilling regulations for hydraulic fracturing submitted by Judith Enck, Region 2 Administrator for the federal Environmental Protection Agency. The critique was submitted on Weds, Jan 11 just hours before the filing deadline closed at the New York State DEC.
Positive Declaration for Pilgrim Pipeline from NY DEC & Thruway AuthorityMarcellus Drilling News
A document instruction the proposed Pilgrim Pipeline, which is really two pipelines (one heading south from Albany to NJ carrying Bakken oil, the other north from NJ to Albany carrying gasoline and other refined products) will need to complete a full environmental review before the project will be considered. Both anti-fossil fuel freaks and the pipeline builders welcomed the news (strangely).
NY DEC Letter Refusing to Grant Stream Crossing Permits for Constitution Pipe...Marcellus Drilling News
A totally bogus BS letter refusing to grant stream crossing permits for the much-needed Constitution Pipeline in New York State. Gov. Andrew Cuomo instructed the Dept. of Environmental Conservation to refuse the permits on political grounds--and this letter is the bogus excuses the DEC made up in order to cover Cuomo's political dictatorial decision.
Navigating Nebraska's Water Administrative Process - Jennifer Back, National ...rshimoda2014
The Niobrara National Scenic River, located in north-central Nebraska, provides a valuable case study of the challenges facing federal agencies responsible for managing rivers under the National Wild and Scenic Rivers system. In 1991, Congress designated 76 miles of the Niobrara River as a unit of the national Wild and Scenic Rivers System. The river is known for its beauty, biologic significance, and superb canoeing.
Recently, the National Park Service has become concerned about new surface water diversions and groundwater appropriations affecting instream flows, particularly during the summer recreational boating season. The purpose of the Wild and Scenic Rivers Act is to protect selected rivers for the benefit and enjoyment of present and future generations. Based on the language of the act and its legislative history, it is generally understood that the act creates unquantified federal water rights. The amount of the water right depends upon unappropriated flows at the time of designation and the values for which the river was set aside. The National Park Service is concerned that new appropriations will diminish these values.
The challenge for the National Park Service is that Nebraska refuses to recognize its federal water right. By failing to recognize the water right, the state has denied the federal agencies the ability to participate in the state administrative process and the ability to protect the values for which the river was designated. Protecting instream flows for a wild and scenic river in a state where the state legal system does not recognize federal water rights is an unanticipated challenge for many river managers.
This presentation provides important lessons for river managers on navigating the state water right administrative process, and understanding the tools available to protect rivers from future appropriations when the state system is inadequate.
A critique of New York's draft drilling regulations for hydraulic fracturing submitted by Judith Enck, Region 2 Administrator for the federal Environmental Protection Agency. The critique was submitted on Weds, Jan 11 just hours before the filing deadline closed at the New York State DEC.
Positive Declaration for Pilgrim Pipeline from NY DEC & Thruway AuthorityMarcellus Drilling News
A document instruction the proposed Pilgrim Pipeline, which is really two pipelines (one heading south from Albany to NJ carrying Bakken oil, the other north from NJ to Albany carrying gasoline and other refined products) will need to complete a full environmental review before the project will be considered. Both anti-fossil fuel freaks and the pipeline builders welcomed the news (strangely).
The "Findings Statement" issued by the New York State Dept. of Environmental Conservation that supplies the faulty thinking and irrational rationale for banning fracking in the Empire State. The ban is temporary--until a new governor and head of DEC are in place (hopefully at the next election). The Findings Statement is a pathetic attempt to paper over political motivations for a frack ban. It contains broad, sweeping and unsubstantiated by any evidence statements that denigrate the miracle of fracking. It is, in a word, pathetic.
The first phase of the Northern Collector Water Tunnel project is located along the eastern fringes of the Aberdare Conservation area approximately 60 kilometer north of Nairobi county.
The works are located in Kangema and Kigumo sub counties of Murang'a county
A letter from Rover Pipeline to the Federal Energy Regulatory Commission requesting the agency issue the final certificate that will allow Rover to begin tree-clearing and construction of the 511-mile pipeline through Pennsylvania, West Virginia, Ohio and Michigan. If the certificate is delayed beyond the end of 2016, it will delay the project an extra year due to tree-clearing restrictions (to accommodate federally-protected bats).
Delaware Riverkeeper Letter to DRBC Requesting Intervention to Stop PennEast ...Marcellus Drilling News
A letter authored by THE Delaware Riverkeeper herself, Maya van Rossum, petitioning the Delaware River Basin Commission to interject itself into the permitting process of the PennEast Pipeline that is slated to run from Wilkes-Barre, PA all the way to Trenton, NJ, carrying abundant, cheap Marcellus Shale natural gas.
The "Findings Statement" issued by the New York State Dept. of Environmental Conservation that supplies the faulty thinking and irrational rationale for banning fracking in the Empire State. The ban is temporary--until a new governor and head of DEC are in place (hopefully at the next election). The Findings Statement is a pathetic attempt to paper over political motivations for a frack ban. It contains broad, sweeping and unsubstantiated by any evidence statements that denigrate the miracle of fracking. It is, in a word, pathetic.
The first phase of the Northern Collector Water Tunnel project is located along the eastern fringes of the Aberdare Conservation area approximately 60 kilometer north of Nairobi county.
The works are located in Kangema and Kigumo sub counties of Murang'a county
A letter from Rover Pipeline to the Federal Energy Regulatory Commission requesting the agency issue the final certificate that will allow Rover to begin tree-clearing and construction of the 511-mile pipeline through Pennsylvania, West Virginia, Ohio and Michigan. If the certificate is delayed beyond the end of 2016, it will delay the project an extra year due to tree-clearing restrictions (to accommodate federally-protected bats).
Delaware Riverkeeper Letter to DRBC Requesting Intervention to Stop PennEast ...Marcellus Drilling News
A letter authored by THE Delaware Riverkeeper herself, Maya van Rossum, petitioning the Delaware River Basin Commission to interject itself into the permitting process of the PennEast Pipeline that is slated to run from Wilkes-Barre, PA all the way to Trenton, NJ, carrying abundant, cheap Marcellus Shale natural gas.
Chad Forcey at the Irrigation Association outlines the current state of water law across the U.S., and what irrigation contractors can do to stay up to date on their local regulatory environment.
9/9 FRI 9:30 | Emerging Megatrends in Water Law and Policy 1APA Florida
Thomas Mullin
Water policy has long been a driving force for Florida’s development. Early history saw efforts to drain the Everglades to attract people. Water has again become a topic of discussion at the
federal, state, and local levels. Today water is discussed in terms of supply, demand, quantity, quality, preservation, restoration, conservation, harvesting, aquifers, well fields, stormwater, and
potable water. As water policy evolves, so does its influence on development and how we live. Hear from state experts on how water law and its policy have evolved from a history of draining the Everglades to a future of hydrating them.
The Great Lakes-St. Lawrence River Basin Water Resources Compact was signed into federal law with great fanfare in 2008. However, states must do more to realize the Compact’s potential to better manage Great Lakes waters in and outside of the basin through comprehensive water conservation and efficiency programs, improved data sharing and more comprehensive permitting.
On September 24, 2014, Kenneth Cook from WaterCentric joined us at the North Texas Commission offices to discuss Texas Water Rights and Alternative Sourcing. The North Texas Commission Webinar Series, Topic: North Texas, is presented by Verizon.
This is the presentation delivered by Amanda Cronin, of Washington Water Trust, on the Nisqually Water Banking Feasibility Study at the January 15 2010 Nisqually River Council Meeting.
MITIGATION BANKING IS BAD!
My Opponent, Kick the Cannon, has been very negative of my Business with Wetland Mitigation Banking. However, did you know, that in 2017, The City of Winter Springs received a permit to IMPACT 0.63 Acres of Direct Wetland Impacts for the construction of several NEW FEATURES at TORCASO PARK!?
The City purchased 0.147 UMAM Credits which provided 2.5 Acres of Wetland Mitigation Credits from Torcaso Park from Lake Jesup Mitigation Tract.
Within the SJRWMD Technical Staff Report it actually states that the elimination or reduction of impacts was not required for the 0.63-acre direct impacts to W1 because the ecological value of the functions provided by the area of wetland to be adversely affected is low, and the proposed mitigation will provide greater long term ecological value than the area of wetland to be adversely affected, pursuant to Section 10.2.1.2(a.) ERP A.H. Volume I.
If you want to learn more about mitigation banking industry, please visit https://mitigationbankinginc.com/
Arbuckle Simpson Tentative Determination Cpasa Town Hall 050312
1.
2. Established allocation system – permits allow owners of land
to use gw underlying their land
Base allocation on Maximum Annual Yield of water
underlying the land
MAY is a determination by the Board of the total amount of
fresh gw that can be produced from a basin or subbasin
allowing a minimum 20-year life.
“Equal Proportionate Share” applies: Each land owner has right to
share of MAY equal to his/her ownership of land over the basin
Mining law that contemplates draw down
3. OWRB conducts hydrologic survey and
investigation
OWRB make tentative determination of MAY
Call and hold hearing in basin area – 30 days notice
– evidence presented
Proposed final determination submitted to OWRB
OWRB to hear arguments on proposed findings,
conclusions, and order
Aggrieved persons can appeal to District Court
4. 1. Total land area overlying basin (acres)
2. Amount of water in storage (acre-feet)
3. Rate of recharge to basin and total
discharge from basin
4. Transmissibility (transmissivity)
5. Possibility of pollution of basin from
natural sources (deep brine water not
included)
Minimum basin life of 20 years
5. Requires additional determinations
for MAY and permit review:
1. Macro scale: Moratorium on
issuance of temp. permits for
municipal use outside overlying
counties until such time as the OWRB approves
MAY which will ensure any permit “will not reduce
the natural flow of water” from area springs or
streams.
2. Micro scale: Provides that before issuing a permit,
the OWRB must determine whether the proposed
use “is likely to degrade or interfere” with basin area
springs or streams.
6. Defined as that period of time when at least 50% of the
total overlying land retains a saturated thickness
allowing pumping (15 ft for bedrock aquifers) of the
MAY for at min. 20 years
SB 288 MAY requires
springs to flow.
7. 2004, OWRB, with US BOR, USGS, OSU, and OU set out
to characterize geologic setting, hydraulic properties,
potential natural contaminants, and stream hydrology,
and construct digital gw/sw flow model to evaluate
allocation of water rights and potential stream impacts.
USGS Sept. 2011—
Hydrogeology and Simulation
of Groundwater Flow in the
Arbuckle-Simpson Aquifer,
South-Central Oklahoma
Most extensive MAY study
in State history
8.
9. General Water Quality: <500 ppm TDS
Average Aquifer Storage: 11 million acre-feet
Average Rate of Recharge: 5.58 inches
Total recharge: 182,288 (for 20-yr draw down, N/A)
Total discharge: 108,640 (for 20-yr draw down, N/A)
Transmissivity: 11,000 feet2/day
Possibility natural pollution: negligible. “Mineral water
“known to surface in formation near CNRA and
Sulphur, however WQ concerns not expected to
significantly alter quantity of water available.
10. Tentative Boundary
Basin Outcrop
Total area 612.5 mi2 (392,019 acres)
geologic outcrop approx. 520 mi2
subcrop areas approx. 92.5 mi2
11. Macro, basin-wide scale:
MAY which will ensure permitted use “will not reduce
the natural flow” requires additional determinations for
MAY
Open for interpretation— act neither defines “natural
flow” nor states how this reduction is to be
determined.
Zero use does not support State’s “utilization” and
“reasonable use” policies.
What withdrawal limit is protective yet still considers
private property?
12. Since flow is an essential component of stream habitat,
scientists analyzed potential effect of gw withdrawals
on habitat to provide a reasonable measure for
protection of natural flows.
4 indicator fish species selected for instream flow
study on two streams: Blue R. and Pennington Ck.
Surface Water Technical Advisory
Group deemed a reduction in
5-year avg. base flow by no
more than 25% as acceptable limit
13. Pumping simulations for various EPS values
(0.125, 0.25, 0.392 af/a/yr) at 2 stream locations
showed reduction in avg. stream flow of 18-57%
and base flow of 24-81%
Assumptions:
pumping of full EPS over 100% of land area
no mining/drawdown of basin
Distributed withdrawals
14. 41 entities with avg. reported use (’04-’08): ~5,600 a.f.
Total current water rights at 0.2 EPS (incl. prior rights):
~14,885 a.f.
Approx. 9,200 a.f. allocated rights not being used
Immediate needs: With avg. reported use, it appears four
(4) entities will need ~1,030 total addl. a.f.
Possible options: Increase existing or acquire new GW and
SW rights, purchase water, address system losses (leaks),
implement conservation measures.
15. Considering hydrologic surveys and investigations, in-
stream flow considerations, GW flow model and
assumptions, statutorily-declared “reasonable
regulations for…reasonable use”, private property
policy, etc.…
MAY was determined to be 78,404 a.f./year
EPS of 0.20 af/a/yr (2.4 in.)
16. Basin Name EPS
Tillman Terrace 1.0
N. Fork of the Red River Alluvial and Terrace 1.0
Enid Isolated Terrace 0.5
Elk City Sandstone 1.0
North Canadian River Alluvium and Terrace – Ph. 1 1.0
Gerty Sand Isolated Terrace 0.65
North Canadian River Alluvium and Terrace – Ph. 2 1.0
Washita River Alluvium and Terrace - Reach 1 2.0
Washita River Alluvium and Terrace - Reach 3 1.5
Washita River Alluvium and Terrace - Reach 4 1.0
Vamoosa-Ada 2.0
North Canadian River Alluvium and Terrace – Ph. 3A 0.8
North Canadian River Alluvium and Terrace – Ph. 3B 1.3
Antlers Sandstone 2.1
Ogallala – Panhandle 2.0
Ogallala - Northwest Region 1.4
17. Stakeholder requests ranged from 0 to 20-year, phase-in
GW law and rules do not provide for a timeframe for
conversion, nor do they authorize regular permits to
allow pumping > the MAY.
Tentative order:
Temporary permits remain in effect for…no more than 5
years…unless good cause is shown (e.g. to acquire gw
rights, land, infrastructure).
Input regarding “good cause” criteria should be solicited
during public hearing.
18. Micro, site-specific scale: Prior to permit issuance,
…determine proposed use is not likely “to degrade or
interfere with springs or streams…”.
Tentative Order: In addition to MAY, consider site-specific,
cumulative pumping impacts to identified spring/streams of
> 25% of the base flow.
Promulgate set-back rules for new wells and definitive
methodology for determining degradation/ interfere (see
Appx. 2)
Seek input on rules
19. 1. The Arbuckle-Simpson aquifer underlying areas in Murray,
Pontotoc, Johnston, Garvin, Coal and Carter Counties in the
south central part of the state shall be and the same is hereby
designated the Arbuckle-Simpson Groundwater Basin, with
outcrop and subcrop boundaries generally depicted on the
map set forth as Appendix 1;
2. The basin is hereby declared to be a major groundwater basin
under the provisions of the Oklahoma Groundwater Law;
3. The basin is also declared to be a sensitive sole source
groundwater basin under the provisions of the Oklahoma
Groundwater Law as amended to Senate Bill 288 enacted in
2003;
20. 4. The tentative determination of the MAY is 78,404 acre-feet;
5. The EPP of the yield to be allocated to each acre of land
overlying the basin…is tentatively determined to be 0.20
acre-foot per acre per year…; and
6. For reasonable implementation, before regular permits for
the EPP are issued to replace…temporary permits…such…
permits shall remain in effect (subject to revalidation)
for…five (5) years…, unless an extension of time is granted
for good cause shown.
21. IT IS FURTHER ORDERED…a hearing shall be held and
notice…provided…. After said hearing or hearings, a
proposed final order shall be prepared and submitted to the
Board for consideration as required by law.
IT IS FURTHER ORDERED that in conjunction with the
hearing… input should be solicited from interested persons on
criteria or standards that could be considered good cause for
approval of an extension of time of the five-year
implementation period before regular permits are issued to
replace existing temporary permits.
22. IT IS FURTHER ORDERED …in conjunction with the
hearing…, staff should seek input concerning a potential
modification of the well spacing provisions set forth in the
current rules relating distances of proposed wells to other
wells, and a proposal to adopt an established spacing
distance between new proposed wells and springs and
streams in the Arbuckle-Simpson Groundwater Basin, and a
methodology for assessing and determining the effects of
proposed pumping of specifically proposed wells on
specific springs and streams, as set forth in Appendix 2 to
this order.
23. Hearing Examiner will…
ask who wants to participate and be recognized as a
“party” at the hearing.
has legally-recognized interest in outcome of case
entitled to offer factual evidence/legal argument,
question witnesses, and receive notice of Proposed
Order before it goes to the Board for final decision.
ask the parties to summarize their planned
presentations
plan and organize the framework of the hearing to
promote efficiency.
24. Subject to Hearing Examiner’s rulings at Prehearing Conf.:
OWRB staff presents testimony/evidence to support
Tentative MAY Order, with cross-examination
Parties present: (1) witnesses and evidence supporting/
opposing Tent. Order, with cross-examination, and (2) input
on other issues enumerated in Order and Notice
1. implementation period
2. possible well spacing rule changes
3. methodology for determining effects of pumping wells on specific
springs and streams
Non-parties have opportunity to submit written or oral
comments.