Bear River Commission Meeting
Oct 31- Nov 1 2005 in Salt Lake City

Water Quality Committee

Bear River Water Quality Task Force Report – Mitch Poulsen
The Water Quality Task Force website is up. The URL is www.brbwqtf.org or www.brwqtf.org, either one works. Work continues to populate it with previous minutes and updated goals and objectives.
The NRCS and SWCD districts have all reported on water quality project along the Bear River at the recent BRWQTF meetings.
Rob Bundy, Manager of the Bear Lake Wildlife Refuge will give a detailed report on the Mud Lake hydrology and operation at the next BRWQTF meeting in Montpelier on January 17th.

Basin-wide Water Quality Monitoring – Lynn Van Every
A draft proposal for the three states to combine water quality monitoring along the river and around Bear Lake was presented by Idaho DEQ. The proposal would monitor water chemistry at 19 sites, four times a year for 4 to 5 years to establish a base line which would be compared to previous studies. Water quality data from the Jordan Valley Water Conservancy District and USGS may be incorporated in the plan. The plan would monitor water quality for Bear Lake at the Rainbow inlet, the Causeway(inlet to the lake), at Lifton and at the Paris Dike, giving a complete picture of water quality entering Mud Lake, entering Bear Lake, leaving Bear Lake and leaving Mud Lake. The cost is estimated at $140 per site and $30 per hour for technicians. Utah and Wyoming will provide their input to the plan by year’s end so details can be worked out at the Jan. BRWQTF meeting and the final proposal submitted at the Bear River Commission meeting in April.

Mud Lake – Plumbing and Water Quality – Jack Barnett
A simplified diagram of the hydrology of Mud Lake, a section of the Bear Lake National Wildlife Refuge, was presented. There are questions about how much water Mud Lake and the entire Refuge store, what will be the impact of the proposed dikes, the exact hydrology of the water as it flows through Mud Lake towards Bear Lake, is Mud Lake acting as an efficient filter and how all of this impacts water quality of Bear Lake. The 1968 agreement between NWR and PacifiCorp foresaw multiple dikes. The Refuge has no water rights, just the 1968 agreement with PC to manage water. PacifiCorp stated that they have no issues about water rights with the Refuge. Rob Bundy, Manager of the Bear Lake Wildlife Refuge will give a detailed report on the Mud Lake hydrology and operation at the next BRWQTF meeting in Montpelier on January 17th.
There is a 1985/86 study of Mud Lake by the University of Idaho/
Aerial photos and satellite pictures of the area were shown and explained.

Update of EPA Grant – Jack Barnett
To date, $30K of the $700K has been spent, mostly for grant administration. The bill from USU for $30K for work accomplished to date was just received.
Art Caplan and Jason Whitehead presented the “pollution trading“ concept to the committee. The pollution trading will focus on Total Phosphorus in the Cub River and its tributaries. The EPA grant to the Boise River for pollution trading established the legalities and mechanisms. Non Point Source pollution is extremely important in the trading equation. It accounts for almost 90% of pollution. There may be a need to modify the TMDLs to allow trading across tributaries.
USU has been contracted to do the water quality modeling. The type of model has been selected and during the next 6 months, the water quality data will be overlaid.
Overall progress on the grant is very good. The use of USU vs. INL: for modeling has saved about $20K.

Reorganization of municipal sewers
The waste water treatment plants for Preston and Franklin will be unable to make the TMDLs required reductions for Total Phosphorus. They are looking are combining treatment plants. This is also occurring in the Utah side of Cache Valley.

State Reports
Idaho – The Bear River TMDL is in the response and comment period. They hope to submit it to EPA by Jan ’06.
Three projects on the Bear River received 319 money in 2005 – an AFO located above Montpelier, a CAFO on Deep Creek, and the St. Charles Creek levee project.
The EEC (Environmental Coordination Committee) funding period just opened and will close Jan,6th for 2006 money.
Utah – The Upper Bear TMDL is on schedule with CIRRUS doing the work Looking at public comment in January and to EPA in May. The revision to the Cutler TMDL will be ready for public comment in May.
Wyoming – The Upper Bear River Plan has been through the comment period and is at the state review level. Hope to be sent on to EPA soon. There were no applications for 319 projects for the Bear River in Wyoming. The state will reserve the funds for a project that is “on the shelf”.

TAC (Technical Advisory Committee) Meeting

Storage/Carry Over Storage
Woodruff Narrows Reservoir is now at 50% capacity (27,500 AF) so with carryover, original compact storage and transfers, it will nearly fill even though Bear Lake is below 5911 ft.
Hatch reservoir is rebuilt and ready to fill. Woodruff Creek Reservoir was recently enlarged to 6900 AF. It has 2500 AF of original Compact storage rights.
Ben Reservoir and Broadband Reservoir fill with Green River water when the lake is below 5911 ft.
The Commission is compiling a list of all the sites for possible reservoirs that have been studied. Each state is to give Don Barnett the data so as to be completed by the next TAC meeting.

Flood Control Studies
A representative from The Corps of Engineers advised the BRWQTF in Oct. that $200K for studies of flood control sites is included in current versions of funding bills that have passed the Senate and House in Washington. The bills differ so a compromise must be reached in committee. The bill was introduced by Senator Thomas (WY) and there is some confusion about where the money will be spent. An aide for Senator Thomas gave the impression that the money would only be spent in Wyoming.

Changes to the Lower Division Delivery Schedule
There hasn’t been an audit of the delivery schedule since the model was developed (8 to 10 years). As property is sold or water rights split, the names on the model’s delivery schedule has gotten out of sync with the water rights. There may also be a problem with storage water contracts from PacifiCorp. Idaho proposed a format for the review process. Utah will use that in their review. The TAC will meet with both the Utah and Idaho small pumpers to review changes of title, splits and contracts with PC.
Jim Watterson will step down as the Utah Small Pumpers attorney, but will remain as their water master.

Stream Gage at Pixley
The gage at Pixley is the only gage financially supported by the Commission that is not automated and sending real time data. Although the flow there is often inconsequential, it is required by the Compact and is becoming more essential in the operation of the river. That reading was critical in monitoring the progress of water released from Woodruff Narrows Reservoir when it overfilled as the water made it way to Bear Lake. The cost to automate it is $2,000 one time and $125 annually. The Commission still spends about 50% of its budget on gaging. The TAC will recommend that the Commission fund this gage.

Bear Lake Storage above 5918 (Flood Control Policy) – Connely Baldwin
A range of target elevations for flood control at Bear Lake was established by the three state agreement signed when Scottish Power bought PacifiCorp. The range is from 5916 to 5920 ft. The decision is made by PacifiCorp - when and how much to pump out for flood control. Preliminary runs of an old model that assumed target BL elevations of 5919.5 vs. 5918 show only a one year advantage. More scientific data included in a refined model may influence the decision to pump for flood control or delay that action and may reduce PacifiCorp’s liability for flood control.

Mud Lake
The Bear River Commission uses a very old capacity curve to rate the volume of water in Mud Lake. When the Causeway broke in May 1993, Carly Burton, then with PacifiCorp, re-rated the capacity curve. Each foot on Mud Lake equates to .13 ft on Bear Lake according to Commission data. Mud Lake elevation is measured at Lifton for this determination. Do the capacity curves relate to the current operation of Mud Lake?

Operations Committee

Bear Lake Operations & Lower Division – Connely Baldwin
The lake elevation rose 6.6 ft in 2005. There were inflows to the lake until mid July. Only 54,300 AF of the storage allocation was used leaving 86,700 AF saved in the lake. The system losses were only 6,000 AF instead of 17,000 as estimated in the Settlement Agreement. The lake is at 5907.72 where it has remained for over week. That will probably be the 2005 low as water is flowing into the lake at the Causeway. The tributaries and groundwater contributed 84,000 AF to the lake elevation this year.

If there is a repeat of the 2005 water year in 2006 the lake could make it up to 5914.3 ft. If it is a repeat of 2004, the lake would only get to 5909.3 ft.
There were no “calls” made in the Lower Division.
Bear Lake is currently below 5911 ft so only original Compact storage is allowed.
PacifiCorp has revised the capacity tables for Cutler Reservoir. Their operation at Cutler is very restricted by the FERC Agreement-especially in the spring when waterfowl are nesting. They must be +/- 1 ft. 95%of the time.

Above Bear Lake
The problems at Woodruff Narrows Reservoir were discussed detail. The Canal Co. spent $6K for divers to remove the debris that clogged the outlets. All the water that was inadvertently stored, was released and made it into Bear Lake. Charles Holmgren thanked Blair Francis, Woodruff Narrows Reservoir, and Jack Barnett for the way this was resolved. In 2004, Woodruff Narrows did not get all the water they were allowed by the Compact, so their faith in the forecasts of a lot of water in ’05 were a little skeptical.
There were no official requests for regulation in the Upper Division, but they followed the procedures. Per the natural flows in the river, they could have made a “call” in min July.

Records & Public Involvement Committee

Bear River Commission website
A preliminary website is up at www.bearrivercommission.org. It has the BR Compact , and courtesy of Jody Williams, the Kimaball and Dietrict Decrees in pdf format. Wally Jipson’s history, the Bi-annual reports and old historical documents will be added. The TAC will decide how much more to include.

Overview of Automation
Wyoming – Jade Henderson
There is continued progress on installing telemetry. One headgate has been automated as a trial. There are plans to go real time on the canals in the Evanston area.
Utah – Bob Fotheringham
80% of the Utah small pumpers are automated with the balance to be complete shortly. Most were installed with grants from 2025 money and cost share from the UT legislature and the pumpers themselves. About 50 % of them chose to go with a measuring device and the rest with a simple on/off switch.
BRWUA – Carly Burton
All the equipment is ordered and delivered. The problems with Verizon Wireless are resolved. The Bureau of Rec. will install.

Future Public Events
The Commission reviewed their past participation in public events and elected to forego any activities this next year. The Water Quality committee may consider a future symposium.
Claudia Cottle of Bear Lake Watch advised the committee of a tentative 2 day conference to be held in the fall of 2006. The Bear River Water Users Association and probably the Bear Lake Preservation Advisory Committee would also be sponsors. The range of topics could include storage sites, flood control sites and options, conservation efforts, water quality progress as well as just getting all the players in the basin together to learn what each other is doing. Various committee members suggested that there was interest in storage; each of the states have un-built original compact storage; WY and UT are pursuing storage development. The proposal will be further developed and more details announced at the next meeting.

Bear River Commission General Meeting

Additional reports given:

Cove Decommissioning - Monte Garret, PacifiCorp
A 2004 study showed decommissioning would be more beneficial than repairing it. In July ‘05 an agreement was reached with interested parties from the Settlement Agreement and the ECC. PacifiCorp expects approval from FERC in May/June of 2006. Removal to be done in Oct/Nov. This will provide an unencumbered stretch of Bear River for BCT.
Projects on Bear River
The BR Settlement Agreement (between FERC, interested parties and PacifiCorp) provides for funds to be spent for restoration projects ($167 K/year) also for land and water acquisition ($300K/year). Funds will carryover if not used and will continue until 2034. A request for proposals is just going out. A subcommittee will take the proposals through a ranking process already established by the ECC. More information can be found on PacifiCorp website.

Water Quality Trading - Art Caplin, USU repeated his earlier presentation

Bear River Water Users Association - Carly Burton
Gave a handout with ‘04-‘05 irrigation numbers. Irrigators are learning to conserve. The Bear Lake Settlement Agreement saved at least one irrigation season. Their major canals will be automated by spring ‘06. Hope to have the Utah Small Pumpers organization back in to the association. Idaho small pumpers are working towards an organization also. BRWUA & BLW held a meeting, discussed water banking, review of BLSA, and other areas where we might work together. There is an increased level of trust.

Progress of Automation in the Lower Bear - Boyd Clayton, Utah Water Rights
The division plan is to reduce conflict thru conservation, improve permanent records, and help with timely distribution of water and enforcement. State Code requires water users to install and maintain measurement devices, so they must pay for the device. Utah gives credit for power used. Federal 2025 funds ($123K- 50/50 match) and state matching funds plus money from BRWUA were used to pay for the automation/telemetry.
Arron Hunt gave a report on the specific types of equipment used. 91 of the 120 sites are completed and the rest will be done by irrigation season. Utah is hoping to automate the canals in Cache Valley that use Logan River water and other Cache Valley tributaries.

Previous committee reports given
Pixley gage was approved for funding.
May have to increase dues net year
Next BRC meeting Wednesday April 19th – due to the Easter Weekend
WQ & TAC will be April 18th

State Reports
Utah
Larry Anderson reported on Water Development Funding Task Force is ready to recommend legislation. Water Issues TF has 3 possible bills proposed.

Wyoming
Pat Tyrrell – Information technology in WY is progressing towards “paperless”. Ground water problems and the Colo. River Basin are all requesting budget increases.

Idaho
Karl Dreher – Rains also helped the Snake River Basin, but still had priority calls on the Snake River against junior ground water users. ID had to make 9 decisions resulting in 5 lawsuits.