THE WESTERN WATER COMMISSION: WATERSHED MANAGEMENT RECEIVES THE AVI'ENTION OF A NEW GENERATION1

ABSTRACT: Our nation periodically reviews national water policy and considers its directions for the future. The most recent examination was directed at the western United States and the role of the federal agencies in meeting its needs. The West is no longer the frontier, but rather contains vibrant cities and booming centers of international trade, as well as tourism, mineral, and oil and gas development, agricultural, and other development. In this changing environment, federal water policies need to consider the long term sustainability of the West, provide justice to Indian tribes, protect the rivers and ecosystems on which natural systems depend, balance the needs of newcomers with those of agricultural users and communities, and meet a myriad of other demands. The Western Water Policy Review Advisory Commission has just concluded its review of these issues and issued its report. Key among the recommendations is the need to coordinate federal agencies at the basin and watershed level and make government more responsive to local needs, but within a framework that includes national mandates. The Commission's recommendations are presented here, along with some of the issues that surrounded the operations of the Commission.     

NATIONAL WATER ASSESSMENT: NEEDED OR NOT?1

ABSTRACT A conceptual framework and the systematic collection of reliable information for application within the framework are the cornerstones of effective water planning. The ideal of strengthening these cornerstones was a driving force behind formation of the Water Resources Council and Council efforts, during its life, to develop the Principles and Standards and to complete two National Water Assessments. The Assessments contained voluminous data but never really became an integral component of the national water planning process. Before being disbanded in 1982, the Council solicited several appraisals of its assessment process. This paper reports one made by the university community in which experiences and opinions were obtained from 108 water research administrators and water policy experts.     

DEVELOPMENT OF A NONDEGRAIATION POLICY FOR HIGH QUALITY WATERS1

ABSTRACT: The development of a nondegradation policy for high quality waters is a complex and often controversial process. This paper discusses the development of a nondegradation policy for two components of the National Wild and Scenic Rivers System. Water quality in these reaches of the Delaware River is threatened by rapid growth and development and the cumulative impacts from numerous wastewater discharges and nonpoint sources of pollution. The Delaware River Basin Commission, with assistance from its member states and the National Park Service, conducted a highly public, six-year planning process to develop a nondegradation policy that protected existing water quality without impinging upon local and state economic development objectives. The resulting non-degradation policy includes such features as numeric definitions of existing water quality and measurable change; stringent point source requirements; nonpoint source requirements including watershed planning requirements; and other water quality management policies.     

STATE WATER PLANNING: A FORUM FOR PROACTWELY RESOLVING WATER POLICY DISPUTES1

ABSTRACT: In the arid West, the development and implementation of water policy often results in disputes among water users, resource managers, and policy makers. Although significant attempts have been made to improve public involvement and dispute resolution in water resources planning, the traditional planning process has not historically played this role for a variety of reasons. Water resources planning can become a forum for proactively resolving water policy disputes by employing the principles of environmental dispute resolution. The purpose of this article is to explore the role of collaborative, consensus-building planning processes in resolving water policy disputes. The Montana State Water Plan is evaluated as an example of such a process, and a model state water planning process is outlined.     

EFFECTS OF POTENTIAL WATER CONSERVATION EFFORTS IN EAST TENNESSEE1

ABSTRACT: The importance of water conservation was emphasized by a proposed National Water Policy which was established during the previous Carter Administration. This policy stressed water conservation on a national scale. Such a policy sought to apply one program to all water resources problems. Before implementation of this or another such policy, consideration must be given to those vast areas of the country which in reality do not have a shortage of water. One of these areas is the French-Broad River basin in Tennessee. This report was formulated in an effort to describe both the positive and negative effects of water policies which would bring about either a 10 percent or 30 percent reduction in water usage in this basically water rich area. The parameters used in the evaluation included selected economic, sociological, legal, and environmental impacts.     

DINOSAUR NATIONAL MONUMENT: THE EVOLUTION OF A FEDERAL RESERVED WATER RIGHT1

ABSTRACT: Dinosaur National Monument, in northwestern Colorado, has become a test case in the establishment of a federal reserved water right to instream flows. For the first time, the Interior Department was forced to rigorously defend its claims in a watershed where the federal government did not control the upstream reaches. Inadequate quantification of minimum flow requirements, court orders, and an apparent Congressional ban on the spending of Water Resources Program funds by the Park Service to quantify its water rights have already placed the Service in a difficult position to protect instream flows for maintaining the ecological integrity of the Monument. As late as 1983, administrators of the Park Service were divided over their legal strategy, many wanting to pursue a policy of claiming “natural, historic” flows rather than “minimum” flows. The conditional right to instream flows panted to the Park Service in 1978 was subject to quantification within five years. That deadline has been extended, but it is not likely that the case will reach final settlement this decade. Until the design and conduct of federal water rights quantifications better integrate public policy and law with science, the principle lesson from Dinosaur may have to be repeated.     

Managing water through change and uncertainty: comparing lessons from the adaptive co-management literature to recent policy developments in England

Water management is set to become increasingly variable and unpredictable, in particular because of climate change. This paper investigates the extent to which water policy in England provides an enabling environment for ‘adaptive co-management’, which its proponents claim can achieve the dual objective of ecosystem protection and livelihood sustainability under conditions of change and uncertainty. Five policy categories are derived from a literature review, and are used to conduct a directed content analysis of seven key water policy documents. The findings reveal that although, in part, English water policy serves as an enabling environment for adaptive co-management, there is a level of discrepancy between substantive aspects of the five policy categories and water policy in England. Addressing these discrepancies will be important if English water policy is to allow for the emergence of processes, like adaptive co-management, that are capable of coping with the challenges that lie ahead.     

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.     

Is the National Water Commission an appropriate institutional and governance structure to address the fundamental requirements of the water and irrigation industry in Australia?

The National Water Commission (NWC) and the $2 billion Australian Government Water Fund (the fund) has drawn attention to the need for innovative and adaptive practices for water use. The NWC and the fund, whilst a critical and catalytic step in the recognition of the current water situation in Australia, has thus far neglected to consider the systemic failures of the water, irrigation and related industries that led to this point. The underlying issue of the efficient allocation of water resources can be resolved by the harmonisation of competing demands (economic, social and environmental) and the establishment of governance structures to reduce institutional impediments. The linking of the fund to National Competition Council (NCC) payments is an important consideration in this process. This paper will argue that governance reform and institutional (re)alignment to remedy the impediments to the efficient allocation of water resources needs to be embedded in and linked to national competition policy principles. This paper will consider the NWC in this context with the aim of informing future policy to consider the systemic failures of the water industry and to forge institutional change for the more effective allocation of water.     

COST SHARING AND IMPLEMENTATION OF NATIONAL WATER RESOURCES POLICY1

ABSTRACT: In this article a managerial approach to developing and implementing National Water Resources policy is suggested. Proper consideration can be given to national economic development (NED), environmental quality (EQ) and conservation and still result in an implementable policy at the operational level if proper incentives are built into the process with proper attention to alternate non-Federal cost sharing rates. Not only can these multiple objectives be entertained but the Administration and Congress will have a management tool that should ensure a certain probability of success.     

Management of Water Shortage in the Colorado River Basin: Evaluating Current Policy and the Viability of Interstate Water Trading1

Wildman, Richard A., Jr. and Noelani A. Forde, 2012. Management of Water Shortage in the Colorado River Basin: Evaluating Current Policy and the Viability of Interstate Water Trading. Journal of the American Water Resources Association (JAWRA) 48(3): 411-422. DOI: 10.1111/j.1752-1688.2012.00665.x Abstract: The water of the Colorado River of the southwestern United States (U.S.) is presently used beyond its reliable supply, and the flow of this river is forecast to decrease significantly due to climate change. A recent interim report of the Colorado River Basin Water Supply and Demand Study is the first acknowledgment of these facts by U.S. federal water managers. In light of this new stance, we evaluate the current policy of adaptation to water shortages in the Colorado River Basin. We find that initial shortages will be borne only by the cities of Arizona and Nevada and farms in Arizona whereas the other Basin states have no incentive to reduce consumptive use. Furthermore, the development of a long-term plan is deferred until greater water scarcity exists. As a potential response to long-term water scarcity, we evaluate the viability of an interstate water market in the Colorado River Basin. We inform our analysis with newly available data from the Murray-Darling Basin of Australia, which has used interstate water trading to create vital flexibility during extreme aridity during recent years. We find that, despite substantial obstacles, an interstate water market is a compelling reform that could be used not only to adapt to increased water scarcity but also to preserve core elements of Colorado River Basin law.     

The Role of Water Doctrines in Enhancing Opportunities for Sustainable Agriculture in Alabama1

Abstract: Alabama is a water rich state. Yet, agriculture is limited in both scale and productivity and the state regularly suffers from drought. Climate variability adds to this paradox even while water users, particularly farmers, have few coping mechanisms. In this paper, we argue that more significant than the water resource itself in Alabama is the governance structure of that resource. The riparian doctrine, as it stands, stymies effective management. The role of water doctrines, and resultant policy, is, therefore, crucial to enhancing decision‐making opportunities for agricultural end‐users in Alabama. After exploring different doctrine types as applied across the states we conclude that a move towards “regulated riparianism” consistent with the American Society of Civil Engineers Regulated Riparian Water Code (2004) would enhance opportunities for both the state and agriculturalists to cope with variable water supply conditions while maximizing environmental benefits. The paper then concludes with a review of the primary objectives of the Water Code and key places where Alabama’s Water Code would need revision to meet these objectives.     

AUBURN DAM: A CASE STUDY OF WATER POLICY AND ECONOMICS1

ABSTRACT: This paper provides a critical analysis of the Bureau of Reclamation's Auburn-Folsom South project in California. While this massive $1.5 billion project is temporarily halted for redesign for earthquake hazard, it is timely to examine its justification on economic grounds. The key finding is that several major benefit categories, irrigation and recreation, have been grossly overstated. In addition, the Bureau failed entirely to estimate the cost of use on the free-flowing American River, or a probability-weighted estimate of catastrophic loss. Revised estimates indicate that the project is not economically justified. In addition, the project has unattractive distributive effects. The implications of this case study for current revisions in U.S. water policy are explored. The Auburn study basically provides support for the U.S. Water Resource Council's draft manual of procedures for evaluating federal water resource projects.     

WATER-ENERGY LINKAGES IN NEBRASKA1

ABSTRACT Nebraska is well endowed with water, particularly groundwater, but has few fossil fuel reserves. However, it is located adjacent to states which have almost no water but have enormous quantities of coal and oil shale. Recent court cases facilitate the movement of water from water-rich states such as Nebraska to water-short states, such as Colorado and Wyoming. The possibility of an energy-water partnership exists and raise numerous policy questions. Within Nebraska, energy consumption patterns are similar to those of the nation's, with consumption of electricity in the agricultural sector growing fastest. Water consumption in the state is dominated by agriculture, and future development of groundwater for irrigation is expected to be intense. Although water and energy are both factors of economic production, an equivalent amount of water consumption provides more jobs in the energy industries than in agriculture. Water and energy are also interdependent. Each is required to produce the other and conservation of one will cause conservation of the other. If both agriculture and electricity are involved, such as in irrigation, the conservation effects are synergistic. Current water policy in Nebraska is biased toward agriculture relative to the energy industries and provides little incentive for water conservation. Given recent court cases and economic conditions, the advantages and disadvantages of the sale of water for export or the use of water with Wyoming coal for energy development need to be compared systematically with those of using water only for agriculture.     

A PARTICIPATORY APPROACH TO WATERSHED MANAGEMENT: THE BRAZILIAN SYSTEM1

ABSTRACT: Brazil is currently facing the challenge of implementing a new water resources management system to promote the rational and sustainable use of the country's waters. This system is based on the following principles of water management: (2) stakeholders' participation; (2) the watershed as the planning and management unit; and (3) the economic value of water. Stakeholders' participation and the involvement of civil society in the decision making process is guaranteed by permanent seats in the watersheds' management committees. These committees are the highest decision level for the establishment of water policy and for planning its use. The executive branch of the committees is the watershed agency or the water agency. This paper presents the recently approved Brazilian water resources management system and discusses the participatory approach followed to validate and to ensure prompt response to decisions regarding water use by all stakeholders. The formulation of the National Water Law (January/1998) was also supported by extensive consultation with civil society, professional associations, state and municipal governments as well as with federal governmental agencies and private sector organizations. It also presents an overview of the formulation of the National Water Law. Finally, as watershed committees have been created and are already operating in a limited number of watersheds, some of the major obstacles to the success of the new system are discussed along with alternatives for overcoming such obstacles.     

Hydropower Relicensing and Climate Change1

Viers, Joshua H., 2011. Hydropower Relicensing and Climate Change. Journal of the American Water Resources Association (JAWRA) 47(4):655‐661. DOI: 10.1111/j.1752‐1688.2011.00531.x Abstract: Hydropower represents approximately 20% of the world’s energy supply, is viewed as both vulnerable to global climate warming and an asset to reduce climate‐altering emissions, and is increasingly the target of improved regulation to meet multiple ecosystem service benefits. It is within this context that the recent decision by the United States Federal Energy Regulatory Commission to reject studies of climate change in its consideration of reoperation of the Yuba‐Bear Drum‐Spaulding hydroelectric facilities in northern California is shown to be poorly reasoned and risky. Given the rapidity of climate warming, and its anticipated impacts to natural and human communities, future long‐term fixed licenses of hydropower operation will be ill prepared to adapt if science‐based approaches to incorporating reasonable and foreseeable hydrologic changes into study plans are not included. The licensing of hydroelectricity generation can no longer be issued in isolation due to downstream contingencies such as domestic water use, irrigated agricultural production, ecosystem maintenance, and general socioeconomic well‐being. At minimum, if the Federal Energy Regulatory Commission is to establish conditions of operation for 30‐50 years, licensees should be required to anticipate changing climatic and hydrologic conditions for a similar period of time.     

THE ACCURACY OF WATER USE FORECASTS: EVALUATION AND IMPLICATIONS1

ABSTRACT: Forecasts of 1980 river basin water use presented in the reports of the 1960 Senate Select Committee on National Water Resources and in the Water Resources Council's First National Water Assessment of 1968 were compared to estimates of actual use in 1980 to assess the accuracy of efforts to forecast future water use. Results show that the majority of the forecasts were substantially in error. In general, the First National Assessment forecasts erred by a smaller margin, but tended to repeat the regional patterns of overestimation (underestimation) exhibited in the Senate Select Committee forecasts. Moreover, forecasts of the two groups that came within 20 percent of the 1980 withdrawals, in general were accurate, not because of superior prediction, but because of offsetting errors in forecast components. This performance leads us to conclude that water use forecasts, regardless of the time-frame or the forecast method employed, are likely to always be highly inaccurate. Accordingly, if such forecasting efforts are to be of value in contemporary water resources planning, forecasters should direct their attention toward methods which will illuminate the determinants of the demand for water.     

Transboundary Groundwater Policy: Developing Approaches in the Western and Southwestern United States1

Hathaway, Deborah L., 2011. Transboundary Groundwater Policy: Developing Approaches in the Western and Southwestern United States. Journal of the American Water Resources Association (JAWRA) 47(1):103‐113. DOI: 10.1111/j.1752‐1688.2010.00494.x Abstract: The western and southwestern United States include dozens of groundwater basins that cross political boundaries. Common among these shared groundwater basins is an overlay of differing legal structures and water development priorities, typically, with insufficient water supply for competing human uses, and often, a degraded ecosystem. Resolution of conflicts over ambiguously regulated groundwater has clarified transboundary groundwater policy in some interstate basins, while transboundary groundwater policy in international basins is less evolved. This paper identifies and contrasts approaches to transboundary groundwater policy, drawing from recent conflicts and cooperative efforts, including those associated with the interstate compacts on the Arkansas and Pecos Rivers; the Hueco and Lower Rio Grande Basins shared by New Mexico, Texas, and Mexico; and the Mexicali Basin in California and Mexico. Some efforts seek to fit groundwater policy into existing surface water allocation procedures; some strive for a better fit – incorporating scientific understanding of key differences between groundwater and surface water into policy frameworks. In some cases, neither policy nor precedent exists. The collective experience of these and other cases sets the stage for improved management of transboundary groundwater; as such, challenges and successes of these approaches, and those contemplated in several hypothetical model agreements, are examined.     

IMPROVING WATER RESOURCE ALLOCATION THROUGH DEMAND-ORIENTED WATER POLICY1

ABSTRACT. In the arid and semi-arid regions of the Western United States the water problem is generally perceived as one of “inadequate” supply. This conception of the problem engenders supply-oriented water policy, or policy focusing exclusively upon a single class of solutions–the various schemes for augmenting an area's water supply. In a more complete or balanced conceptualization, the water problem is viewed as one of “inadequate” supply and/or “excessive” demand. When the water problem is so conceived, water policy is broadened to include demand-oriented water policy, or policy aimed at reducing the quantity of water demanded in an area. The purpose of this paper is to describe and explain demand-oriented water policy. Basically it consists of changing the set of commodities produced by the economy, cutting back and/or eliminating goods requiring large quantities of water in their production and introducing and/or expanding goods which require little water. This paper also reports briefly on research undertaken to test demand-oriented policy in Arizona. Results indicate that such a policy can be extremely efficacious in solving a region's water problem.