WATERLAW AND THE HYDROLOGIC CYCLE: A TEXAS EXAMPLE1

ABSTRACT Scientists usually regard all water as merely passing through, but in different phases of, the endless hydrologic cycle. The law divides water in the cycle into several different classes. Each is treated separately and generally without consideration of interconnections existing within the cycle. Different rules of law have arisen concerning the ownership and use of each legal class. Under Texas law several classes of surface and ground water are recognized, and weather modification efforts bring yet another class, atmospheric moisture, under consideration. It is instructive to follow water moving through the hydrologic cycle in the Nueces River basin, Texas, as a framework for discussing the substantial interconnections between the various legal classes of water and the difficulties that arise from attempts to apply different rules of law to each class. Strictures imposed by Texas water law can seriously interfer with coordinated, efficient use and management of water resources, as evidenced by the Nueces River basin. Well-recognized, existing water rights in the several phases of the hydrologic cycle make change of these institutional constraints difficult to achieve.     

PRIVATIZING THE GROUND WATER RESOURCE: INDIVIDUAL USE AND ALTERNATIVE SPECIFICATIONS1

ABSTRACT: While most inquiries into improving the efficiency of ground water allocation have focused upon various schemes involving centralized management, recently the focus has shifted towards exploring private property solutions to these problems. However, most of these studies, when modeling ground water use, have equated behavior under private property to that under common property conditions. This leads to the possibly mistaken conclusion that private property rights do not promote more efficient ground water use, because these models assume that producers ignore the future effects of current pumping. This paper attempts to correct this deficiency by formally modeling ground water use under common property, central management, and private property scenarios. Moreover, there are many ways that property rights can be defined over ground water, some establishing more exclusivity over the resource than others. Four specifications of property rights are analyzed for their likely effects on allocative efficiency: full stock-flow, partial stock-flow, limited stock-flow, and pure flow rights.     

TRANSIENT RESPONSE FUNCTIONS FOR CONJUNCTIVE WATER MANAGEMENT IN THE SNAKE RIVER PLAIN,IDAHO1

ABSTRACT: Increasing demands on western water are causing a mounting need for the conjunctive management of surface water and ground water resources. Under western water law, the senior water rights holder has priority over the junior water rights holder in times of water shortage. Water managers have been reluctant to conjunctively manage surface water and ground water resources because of the difficulty of quantification of the impacts to surface water resources from ground water stresses. Impacts from ground water use can take years to propagate through an aquifer system. Prediction of the degree of impact to surface water resources over time and the spatial distribution of impacts is very difficult. Response functions mathematically describe the relationship between a unit ground water stress applied at a specific location and stream depletion or aquifer water level change elsewhere in the system. Response functions can be used to help quantify the spatial and temporal impacts to surface water resources caused by ground water pumping. This paper describes the theory of response functions and presents an application of transient response functions in the Snake River Plain, Idaho. Transient response functions can be used to facilitate the conjunctive management of surface and ground water not only in the eastern Snake River Plain basin, but also in similar basins throughout the western United States.     

RECENT RESEARCH ON EFFECTS OF CLIMATE CHANGE ON WATER RESOURCES1

ABSTRACT: Concentrations of atmospheric CO2 and other radiatively active trace gases have risen since the Industrial Revolution. Such atmospheric modifications can alter the global climate and hydrologic cycle, in turn affecting water resources. The clear physical and biological sensitivities of water resources to climate, the indication that climate change may be occurring, and the substantial social and economic dependencies on water resources have instigated considerable research activity in the area of potential water resource impacts. We discuss how the literature on climate change and water resources responds to three basic research needs: (1) a need for water managers to clearly describe the climatic and hydrologic statistics and characteristics needed to estimate climatic impacts on water resources, (2) a need to estimate the impacts of climate change on water resources, and (3) a need to evaluate standard water management and planning methods to determine if uncertainty regarding fundamental assumptions (e.g., hydrologic stationarity) implies that these methods should be revised. The climatic and hydrologic information needs for water resource managers can be found in a number of sources. A proliferation of impact assessments use a variety of methods for generating climate scenarios, and apply both modeling approaches and historical analyses of past responses to climate fluctuations for revealing resource or system sensitivities to climate changes. Traditional techniques of water resources planning and management have been examined, yielding, for example, suggestions for new methods for incorporating climate information in real-time water management.     

PROBLEMS OF PUBLIC ACCESS TO WATER IN TEXAS LAKES AND STREAMS1

ABSTRACT: Rapidly increasing demand for recreational use of Texas' public waters is resulting in growing conflict between riparian landowners and the public. This paper examines the public access question, certainly one of the most poorly defined and understood areas of Texas water and property law. Since the appropriation acts of the late 1800's, most surface waters are owned by the state, and are held in trust for the benefit of the people. While there is no express statutory authority giving the general public the right to use these waters, there is extensive, if often conflicting, case law recognizing such rights on navigable streams. It is equally well established that the public may not gain access by crossing private property. Definition of public and private rights is complicated by the fact that Texas land grants (with their attendant property rights) have emanated from Spain, Mexico, the Republic of Texas, and the state. Obstacles imposed by riparian landowners to public entry, use and passage, as well as spatial aspects of access, are also considered. Because public access rights are based on the peculiar circumstances of each case, it is difficult to establish general legal principles, and there is almost no reliable information to aid the recreation-seeking public. A clear legislative enunciation of public rights appears politically infeasible at present, the most immediately attainable goal lying in the area of better public education.     

ANALYSIS OF FIRM WATER SUPPLY UNDER COMPLEX INSTITUTIONAL CONSTRAINTS1

River basin computer simulation studies often do not properly include the complex legal and institutional factors governing water allocation. These factors include formal water rights and informal borrowing agreements among the basin water users. An attempt has been made in this study to show that such factors can be included. We also show that an optimal, integrated approach to reservoir operations in a river basin can do much to alleviate the burden of new demands placed on available water resources. The procurement of a firm water supply for a proposed coal fired power plant is analyzed as a case study. An efficient river basin simulation model is used to determine the viability of a scheme for providing an annual firm water supply to the plant, with consideration of the existing water storage and demands within the basin. Given the hydrologic sequence considered, the model results show that the proposed strategy is viable in that the required firm water supply can be realized without causing harm to decreed water users in the basin. However, integrated diversion and reservoir operations are required to assure a desirable uniform rate of delivery of reusable effluent to the power plant.     

ADAPTING THE LAW OF WATER MANAGEMENT TO GLOBAL CLIMATE CHANGE AND OTHER HYDROPOLITICAL STRESSES1

ABSTRACT: Existing legal regimes for the management of water resources are already stressed by changing technologies and growing populations. There is little reason for doubt that today the planet is undergoing significant and even alarming climate change. In the past such global climatic changes had dramatic effects on water resource availability with disastrous consequences for many human communities. Today's climate changes can be managed without such disastrous consequences for present day communities only if there are major reforms to existing water law regimes at the local, national, and international levels. In particular, at the local and national levels, water resources must be treated as public property rather than as common or private property. At the international level, water must be managed at the drainage basin level rather than according to national boundaries that largely ignore rational water management criteria. At all levels, care must be given to decentralizing decision making and to use economic incentives insofar as possible, without, however, mistaking economic incentives for markets. The public nature of water resources precludes true markets as a significant management tool.     

PAST AND FUTURE OF ANALYSIS OF WATER RESOURCES TIME SERIES1

ABSTRACT: water resources supply and demand time series consist of several or all of the four basic characteristics: tendency, intermittency, periodicity and stochasticity. Their importance changes from one type of variables to another. Historic developments of analysis of time series in hydrology have varied significantly over the past, from the stress on search for periodicities and persistence in annual series to the emphasis on the series stochastic properties. Supply and demand series are often highly interrelated, which fact is most often neglected in planning water resources systems in general, and water storage capacities in particular. The future of series analysis in water resources will likely be by a joint use of physically-based structural analysis and the use of advanced methods of treating data by stochastic processes, statistical estimation and inference techniques. The most intriguing challenge of the future of this analysis may be the treatment of nonnormal, nonlinear and in general nonstationary hydrologic and water use time series. The proper treatment of complex multivariate processes will also challenge the specialists, especially for the purposes of transfer of information between data on variables at given points, or between data at several points of a given variable, or both.     

TRANSITIONS IN MIDWESTERN GROUND WATER LAW1

ABSTRACT: The evolution of ground-water law in eight states in the Midwest (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) is examined, and a review of transitions in ground-water doctrines is presented. Two underlying themes in changing ground-water management are communicated. First, ground-water law is evolving from private property rules of capture based on the absolute ownership doctrines to rules requiring conservation and sharing of ground water as a public resource. Second, in both courts and state legislatures, a proactive role of ground-water management is emerging, again, with an emphasis on sharing. Both of these trends are apparent in the Midwest. In the last decade midwestern states have (1) seen significant shifts in court decisions on ground-water use with greater recognition of the reciprocal or mutually dependent nature of ground-water rights, and (2) seen increased legislative development of comprehensive ground-water management statutes that emphasize the reciprocal liabilities of ground-water use. These trends are examined and ground-water management programs discussed for eight states in the Midwest.     

JUDICIAL RESOLUTION OF TRANSBOUNDARY WATER CONFLICTS 1

ABSTRACT: Transboundary water conflicts occur under four circumstances. Because water is mobile, more than one political unit or owner has power to use water as it sequentially moves through the hydrologic cycle. Even when water doesn't move, jurisdictional conflicts occur because multiple political units regulate water simultaneously. When a river is a boundar uncertainty of ownership or jurisdiction occurs as the river shifts its course through natural processes. Lastly, limitations on who may use water may be imposed by export bans or more indirect measures like taxation. Legal solutions to transboundary conflicts are limited to litigation, legislation, and negotiated agreements. This paper examines the judicial solution.     

TECHNICAL AND INSTITUTIONAL ASPECTS OF SEWAGE EFFLUENT-IRRIGATION WATER EXCHANGE,TUCSON REGION1

ABSTRACT .Many growing municipalities near irrigated agriculture are advocating a transfer of water now utilized for irrigation to municipal use. Alternatives are presented whereby this water can be transferred to municipal use in exchange for treated sewage effluent. The irrigation water would in effect be cycled through the municipal system prior to use on the farms. A case study of the Tucson region illustrates the relevant legal, economic and technical aspects. Effluent could be delivered to irrigators in Avra Valley at a cost less than that now paid for water pumped from declining water tables. In return the City of Tucson could import ground water now being used for irrigation through an existing pipeline which presently cannot be used because of a court injunction obtained by the irrigators. It appears that such an exchange agreement could be made without modification of existing statutory law. Similar exchange arrangements may prove to be feasible in other regions containing irrigated agriculture. Increased efficiency of water use can be achieved avoiding external effects which commonly arise in a direct transfer and are difficult to evaluate. High quality water is allocated to municipal use whereas nutrient-rich sewage effluent is transferred to irrigation.     

THE EVOLUTION OF TEXAS WATER LAW AND THE IMPACT OF ADJUDICATION1

Texas' surface water law began its evolution during the Hispanic period of occupance. Later, the English riparian doctrine was adopted, and finally, in the late 1800's, the prior appropriation doctrine was superimposed, resulting in an exceedingly complex dual system. Though the judiciary, legislature, and state water agencies have wrestled with the problem of coordinating these diverse water rights and more accurately delineating and measuring riparian rights and water use since early in this century, until recently all attempts were unsuccessful. The unknown riparian element, in particular, made coordinated and efficient management and administration of the state's surface water resources impossible. Finally, measurable progress toward solution of these problems began in 1967 with passage of the Water Rights Adjudication Act, aimed at identifying all unrecorded surface water rights claims and eventually merging all claims into the permit system. This paper examines the gradual evolution of Texas' curious blend of Hispanic-English riparian rights and later appropriate rights; discusses the resultant problems of water resource administration; and traces the progress of the ongoing water rights adjudication, a lengthy, expensive, and complex procedure, which should eventually make possible more efficient administration of all surface water rights.     

Managing the Commons Texas Style: Wildlife Management and Ground‐Water Associations on Private Lands1

Abstract: As nearly all of Texas’ rural lands are privately owned, landowner associations for the management of white‐tailed deer and ground‐water have become increasingly popular. Deer are a common‐pool resource with transboundary characteristics, requiring landowner cooperation for effective management. Ground‐water reserves are economically important to landowners, but are governed by the “rule of capture” whereby property rights are not defined. One ground‐water association and four wildlife management associations (WMAs) were surveyed to characterize their member demographics, land use priorities, attitudes, and social capital. Members of the ground‐water cooperative were part of a much larger, more heterogeneous, and more recently formed group than members of WMAs. They also placed greater importance on utilitarian aspects of their properties, as opposed to land stewardship for conservation as practiced by members of WMAs. If ground‐water association members could be more locally organized with more frequent meetings, social capital and information sharing may be enhanced and lead to land stewardship practices for improved hydrologic functions and sustained ground‐water supply. This, coupled with pumping rules assigned by the local ground‐water district, could yield an effective strategy that is ecologically and hydrologicaly sound, and that allows rural provision of water supply to urban consumers.     

ESTIMATING WATER BUDGET IN A REGIONAL AQUIFER USING HSPF‐MODFLOW INTEGRATED MODEL1

ABSTRACT: Integrated water resources management is important, especially in watersheds where substantial interactions exist between the ground and surface water sources. This management warrants the need for reliable estimates of both an overall basin water budget and hydrologic fluctuations between ground water and surface water sources. The objectives of this study were to estimate the total water budget and to simulate the effects of the management of water in the Big Lost River Basin in Idaho. The study used the FIPR Hydrological Model (FHM), a hydrological model developed by the University of South Florida for the Florida Institute of Phosphate Research (FIPR). The FHM is an integrated model that simulates the full water budget of the surface and ground water systems. It has two public domain components: Hydrological Simulation Program ‐ FORTRAN (HSPF) and Modular Three‐Dimensional Finite‐Difference Ground Water Flow Model (MODFLOW). This study quantified the hydrologic fluxes between ground water and surface water and determined a comprehensive and accurate water budget for the Big Lost River. The study showed an annual amount of 10.44 m3/sec leaves the basin and never to return to the system. The study is useful in developing and calculating the annual water budget in the Big Lost River, and this process should be applicable to estimating water budgets in other basins.     

AGRICULTURAL NITRATE CONTAMINATION OF GROUND WATER: AN EVALUATION OF ENVIRONMENTAL POLICY1

ABSTRACT: The contribution of agriculture to nitrate pollution of 8Urface and ground water is a growing concern throughout the world. The objective of this article is to evaluate the current environmental policy governing nitrate contamination of ground water in the South Platte alluvial aquifer. In particular, the “best management practice” approach is assessed in its relationship to optimal policy design. First, the current physical environmental problem and existing institutional arrangements are described. Second, legal and economic criteria are brought to bear on the question of appropriate policy design. Finally, the strengths and weaknesses of the existing policy are evaluated in this context and changes in policy that would increase effectiveness are recommended. Considerable justification is found for state-initiated control because victims of ground water pollution are dispersed and risk assessment is technically demanding. However, ex post elements of existing policy must be improved, perhaps through targeting and some devolution in monitoring and enforcement responsibilities.     

APPROACHES TO WATER RESOURCE POLICY AND PLANNING IN TEXAS1

ABSTRACT: Texas is one of the states in which limitations in water supplies could severely constrain economic growth in certain areas. The traditional planning approach for addressing this problem has involved devising schemes for large water development projects, which for many years included the importation of water from other states. Now the attitude towards water resource management is changing, and it is generally agreed that better management of existing supplies is the preferred approach. In this paper we review some of the changes that have recently occurred in Texas, including attempts to streamline the water institutions in such a way that they might be more responsive to the need for more comprehensive management of water resources statewide, with greater emphasis on social and environmental concerns.     

REVISITING STATE WATER RIGHTS LAW1

ABSTRACT: Water resources professionals should be engaged actively in revisiting state water rights law. During the past four years, sponsored by the American Society of Civil Engineers with cooperation of other water resources organizations, over a hundred engineers, hydrologists, geographers, lawyers, administrators, educators, water users, and other persons interested in water law have been preparing a Model State Water Rights Code. Preliminary drafts of the Model Code have been considered in four states, and its provisions will be disseminated nationally to state legislators and other policy makers upon formal publication in September 1994. The Model Code gathers the best provisions from state water laws into comprehensive regulated riparian and prior appropriation provisions, includes commentaries explaining how its textual sections address water resources planning and management issues, and references similar language in current state water statutes. The goal of the Code Project is to provide materials which will assist legislators so they can enact effective, efficient, and equitable water laws. In the future, the Code drafting group will expand its efforts to develop legal guidelines for allocating shared transboundary water resources, water quality law, federal water statutes, and other water resources legal issues.     

THE ECONOMIC EFFECTS OF CHANGES IN WATER USE IN THE TUCSON BASIN,ARIZONA1

ABSTRACT: The ground water in the Tucson basin is being drawn faster than it is replenished by nature. The water table is falling, giving rise to several conflicts between water users in the basin. At present, several lawsuits are in progress, including an action by the Papago Tribe against some of the major water users in the basin. Largely because of these difficulties, the State Legislature has established a commission to make proposals for the reform of Arizona's ground water law. The pattern of water use in the basin will undoubtedly be changed by the outcome of the present litigation and the coming reform of Arizona's ground water law. This paper describes how water use in the basin might be affected by changes in the availability of water and gives an account of the effects that these changes in water use could have on the region's economy. The paper concludes that the water problems of the Tucson basin will have little effect on the region at large and that these problems are simply a matter for the Indians and the other water users in the basin to sort out amongst themselves.     

ESTIMATED IMPACTS OF CLIMATE WARMING ON CALIFORNIA WATER AVAILABILITY UNDER TWELVE FUTURE CLIMATE SCENARIOS1

Spatially disaggregated estimates of over 131 stream‐flow, ground water, and reservoir evaporation monthly time series in California have been created for 12 different climate warming scenarios for a 72‐year period. Such disaggregated hydrologic estimates of multiple hydrologic cycle components are important for impact and adaptation studies of California's water system. A statewide trend of increased winter and spring runoff and decreased summer runoff is identified. Without operations modeling, approximate changes in water availability are estimated for each scenario. Even most scenarios with increased precipitation result in less available water because of the current storage systems' inability to catch increased winter streamflow in compensation for reduced summer runoff. The water availability changes are then compared with estimated changes in urban and agricultural water uses in California between now and 2100. The methods used in this study are relatively simple, but the results are qualitatively consistent with other studies focusing on the hydrologies of single basins or surface water alone.     

BRUSHLAND MANAGEMENT FOR INCREASED WATER YIELD IN TEXAS1

ABSTRACT: Policies to encourage brush management are under consideration as a means to address the water scarcity issue in Texas. Additional water can be generated by treating some of the 100-million-plus acres of brush-infested rangelands in Texas. Evidence of water yield benefits are, however, tentative at this time. Economic investigations based on available data show the potential desirability of brush management but also show benefits to be critically dependent on added water yield, value, and cost-sharing policy. Wildlife, water rights, and environmental issues are also important considerations. The lack of research information on likely impacts makes it difficult to choose among alternative policies for encouraging brush management. More research on this potential opportunity is needed.