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.     

What’s a Stream Without Water? Disproportionality in Headwater Regions Impacting Water Quality

Headwater streams are critical components of the stream network, yet landowner perceptions, attitudes, and property management behaviors surrounding these intermittent and ephemeral streams are not well understood. Our research uses the concept of watershed disproportionality, where coupled social-biophysical conditions bear a disproportionate responsibility for harmful water quality outcomes, to analyze the potential influence of riparian landowner perceptions and attitudes on water quality in headwater regions. We combine social science survey data, aerial imagery, and an analysis of spatial point processes to assess the relationship between riparian landowner perceptions and attitudes in relation to stream flow regularity. Stream flow regularity directly and positively shapes landowners’ water quality concerns, and also positively influences landowners’ attitudes of stream importance—a key determinant of water quality concern as identified in a path analysis. Similarly, riparian landowners who do not notice or perceive a stream on their property are likely located in headwater regions. Our findings indicate that landowners of headwater streams, which are critical areas for watershed-scale water quality, are less likely to manage for water quality than landowners with perennial streams in an obvious, natural channel. We discuss the relationships between streamflow and how landowners develop understandings of their stream, and relate this to the broader water quality implications of headwater stream mismanagement.     

Walking in the Irish countryside: landowner preferences and attitudes to improved public access provision

This paper explores the attitudes of landowners across Ireland to the wider provision of public access for recreational walking using a multinomial logit model. The study also investigates the level of compensation required to improve the supply of this public good. Results indicate that 51% of landowners are not willing to provide access (non-providers), 21% are willing to provide access free of charge (free providers) and 28% seek compensation (willing providers). The findings indicate that participation by landowners in a proposed public access scheme is influenced by landowners' experience with walkers, farm type, farm insurance costs, household demographics, regional variations, opportunity cost of land and participation in other agri-environment schemes. Mean willingness-to-accept for landowners willing to facilitate improved public access for walking was found to be €0.27 per metre of walkway.     

NEW HAMPSHIRE WATER LAW: AN INTERPRETIVE OVERVIEW1

ABSTRACT: New Hampshire's riparian water law, first modified judicially, has been more drastically changed by recent legislative and administrative action. As it stands, however, the judicially enforced doctrine of reasonable use appears to be utterly inadequate to handle increasing water demands. The protection of the public interest has imposed substantial limitations on the use of riparian water rights, all under the guise of the exercise of the police power, i.e., the protection of the public health, safety, and welfare. The efficient use of the state's water resources has been further crippled by the widespread and indiscriminate exercise of eminent domain. As a result, the state is now considering the imposition of a permit system that has the potential to streamline the allocation of water. Such a system should take into consideration the public interest factors that have recently frustrated the exercise of riparian rights and the effective use of the state's water resources.     

BENEFITS OF TRANSFERRING STREAMFLOW PRIORITY FROM AGRICULTURAL TO NON-AGRICULTURAL USE1

ABSTRACT: In Virginia, as in many states, priority to streamflow is held by riparian landowners who are predominantly agricultural users. The streamfiow may also have a high potential value to non-agricultural users who do not have riparian rights. The potential benefits of transferring streamfiow priority rights from agricultural to non-agricultural use were evaluated using simulation for an eastern Virginia watershed. Lowering irrigators' priority to streamflow reduced crop yields and irrigated returns in some years because of inadequate water supplies. However, the transfer of priorities increased the likelihood that the urban reservoir would be able to withdraw water from the stream without interruption. As a result, priority trades reduced the size of reservoir needed to meet a given water requirement by municipal users. The resulting savings in reservoir construction and maintenance costs more than offset the losses to irrigators. Net savings could be achieved even if the reservoir were required to release water periodically to maintain a minimum level of instream flow. The conclusion is that the state should encourage trading of access to streamflow in order to increase the use efficiency of streamfiows. Alternative means by which the state can facilitate water exchanges are discussed.     

Modeling rural landowners' hunter access policies in East Texas,USA

Private landowners in East Texas, USA, were aggregated into one of four policy categories according to the degree of access allowed to their lands for hunting. Based on these categories, a logistic regression model of possible determinants of access policy was developed and probabilities of policy adoption were calculated. Overwhelmingly, attitudes toward hunting as a sport, incentives, and control over the actions of hunters were most predictive of landowners' policies. Additionally, the availability of deer was found to be negatively correlated with access, thereby suggesting management efforts to increase deer populations may be counter to increasing access. Further, probabilities derived from the model indicated that there was almost a 7 in 10 chance (0.66) that landowners would adopt policies commensurate with allowing family and personal acquaintances to hunt on their property. However, the probability of increasing access beyond this level, where access was provided for the general public, dropped off drastically to less than 5% (0.04).     

Attitudes of Private- and Public-Land Managers in Wyoming, USA, Toward Beaver

Castor canadensis ) management in Wyoming, USA, was sent to 5265 private-land managers and 124 public-land managers during 1993. The survey was developed in response to increasing interest in beaver management and beaver reintroduction possibilities. Private-land managers responding to the survey supplied information on 62,859 km² of land area and 20,037 km of streams. Primary concerns about beaver damage centered on (in decreasing order of importance) blocked irrigation ditches, girdled timber, blocked culverts, and flooded pastures, roads, crops, and timber. Primary benefits that landowners perceive that beaver give them were, in order of importance, elevated water tables, increased riparian vegetation, and increased stock-watering opportunities. Public-land managers also listed these benefits and detriments among their top concerns for beaver. Over 45% of landowners with beaver on their property and all of the public-land managers displayed an interest in a beaver reintroduction program and in more proactive beaver management.     

A factor analytic study of attitudinal structure and its impact on rural landowners' access policies

Previous research has shown that rural landowners' hunter access policies are determined in large part by their attitudes towards hunters, legal liability, conservation, and economic incentives. The results of this study support this research and indicate that East Texas, USA, landowners' decisions to allow or restrict access are based, in part, on attitudes toward hunter behavior, hunting as a social activity, leasing as a management practice, and a perceived obligation toward wildlife stewardship. Attitude-based profiles of landowners who adopted one of four access policies are compared.     

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.     

Social Acceptability of Water Resource Management: A Conceptual Approach and Empirical Findings from Portland,Oregon1

Abstract: Surface water resources in urban areas serve multiple functions ranging from recreation to wildlife habitat. As a result, diverse values influence people’s views about resource protection, potentially leading to conflicting interests. In metropolitan Portland, Oregon, natural resource planning has recently focused on habitat restoration as well as stormwater and pollution mitigation, especially through the protection of riparian areas. Due to opposition over proposed regulations in the study region, this research examines public attitudes about an array of resource management efforts. The primary research question is: what is the extent of positive–negative attitudes about water resource protection, and what theoretical dimensions underlie diverse judgments? After empirical survey results are presented, I outline a conceptual approach for future assessments of environmental attitudes while highlighting important value‐based dimensions of judgments. Although flexible, the framework allows broad comparisons to advance knowledge about the social acceptability of varied water resource management approaches across diverse places and contexts.     

Tasmanian landowner preferences for conservation incentive programs: a latent class approach

An empirical model of landowners' conservation incentive program choice is developed in which information about landowners' socio-economic and property characteristics and their attitudes, is combined with incentive program attributes. In a Choice survey landowners were presented with the choice of two incentive programs modelled as 'bundles of attributes' mimicking a voluntary choice scenario. Landowner behaviour and decision and the type of conditions and regulations they preferred were analyzed. Based on choice survey data, landowner heterogeneity was accounted for using a latent class approach to estimate the preference parameters. Three latent classes of landowners with different attitudes to the role and outcome of establishing conservation reserves on private land were identified: multi-objective owners; environment owners; and production owners. Only a small proportion of landowners, mostly environment owners, would voluntarily join a program. Although compensation funding contributed to voluntary program choice for multi-objective owners and environment owners, welfare losses were around 4000 AUD per hectare, which is less than the average agricultural land value in Tasmania. Landowners for whom compensation funding contributed to voluntary program choice were also most likely to set aside land for conservation without payment. This raises the possibility that the government's compensation expenditure could potentially be either reduced or re-allocated to landowners who will not voluntarily take conservation action. Increasing participation in conservation incentive programs and minimizing the welfare losses associated with meeting conservation targets may be best achieved by offering programs that allow flexibility in terms of legal arrangements and other program attributes.     

Public Versus Private: Does It Matter for Water Conservation? Insights from California

This article asks three connected questions: First, does the public view private and public utilities differently, and if so, does this affect attitudes to conservation? Second, do public and private utilities differ in their approaches to conservation? Finally, do differences in the approaches of the utilities, if any, relate to differences in public attitudes? We survey public attitudes in California toward (hypothetical but plausible) voluntary and mandated water conservation, as well as to price increases, during a recent period of shortage. We do this by interviewing households in three pairs of adjacent public and private utilities. We also survey managers of public and private urban water utilities to see if they differ in their approaches to conservation and to their customers. On the user side we do not find pronounced differences, though a minority of customers in all private companies would be more willing to conserve or pay higher prices under a public operator. No respondent in public utility said the reverse. Negative attitudes toward private operators were most pronounced in the pair marked by a controversial recent privatization and a price hike. Nonetheless, we find that California’s history of recurrent droughts and the visible role of the state in water supply and drought management undermine the distinction between public and private. Private utilities themselves work to underplay the distinction by stressing the collective ownership of the water source and the collective value of conservation. Overall, California’s public utilities appear more proactive and target-oriented in asking their customers to conserve than their private counterparts and the state continues to be important in legitimating and guiding conservation behavior, whether the utility is in public hands or private.     

Farmers,Streams, Information,and Money: Does Informing Farmers About Riparian Management Have Any Effect?

We assessed relationships between the extent to which farmers reported exposure to relevant information and their attitudes towards, knowledge about, and degree of adoption of riparian management strategies. We also examined associations between knowledge of, or receipt of, financial assistance for riparian fencing/planting and intentions for and extent of adoption of this strategy. A mail survey of 718 pastoral farmers in Otago and Southland in New Zealand [294 surveys returned (41%)] yielded 279 usable questionnaires. Indices were developed to reflect range and frequency of information use and range of practices adopted. Attitudes were measured using Likert-type responses to 11 statements, and knowledge as a score on a ten-question true/false test. Positive relationships between information and the three main response variables (attitude, knowledge, and adoption) were weak but significant and systematic. These associations remained significant when important demographic and farm characteristics were taken into account. Informed farmers were more likely to report intentions to carry out riparian fencing or planting within the next year. Farmers who were aware that funding was available were also more likely to state this intention, independent of information level. The reported extent to which waterways had been fenced to exclude stock was related to receipt of funding, but not to information level. Financial factors were the most influential barrier preventing adoption of permanent fencing. Our research shows a positive correlation between the receipt of information and funding and the adoption of specific riparian management measures.     

Managing Nonpoint Source Pollution in Western Washington: Landowner Learning Methods and Motivations

States, territories, and tribes identify nonpoint source pollution as responsible for more than half of the Nation’s existing and threatened water quality impairments, making it the principal remaining cause of water quality problems across the United States. Combinations of education, technical and financial assistance, and regulatory measures are used to inform landowners about nonpoint source pollution issues, and to stimulate the use of best management practices. A mail survey of non-commercial riparian landowners investigated how they learn about best management practices, the efficacy of different educational techniques, and what motivates them to implement land management activities. Landowners experience a variety of educational techniques, and rank those that include direct personal contact as more effective than brochures, advertisements, radio, internet, or television. The most important motivations for implementing best management practices were linked with elements of a personal stewardship ethic, accountability, personal commitment, and feasibility. Nonpoint source education and social marketing campaigns should include direct interpersonal contacts, and appeal to landowner motivations of caring, responsibility, and personal commitment.     

Including Riparian Vegetation in the Definition of Morphologic Reference Conditions for Large Rivers: A Case Study for Europe’s Western Plains

Methods for defining and retrieving reference conditions for large rivers were explored with emphasis on hydromorphologic and biologic quality indicators. For a set of four large rivers in the European Western Plains ecoregion, i.e., the rivers Meuse, Loire, Allier, and Dordogne, reference reaches were selected based on geomorphologic characteristics. A survey of riparian land use, vegetation, and bed geometry was done for the selected reaches. Responses of the riparian landscape to hydromorphologic conditions were determined with a set of existing and newly developed measures of riparian dynamics and forest development. Strong correlations were observed at the reach and local levels between the ratios of width to depth and embankment and the developed measures of riparian dynamics and forest. Boundary conditions for riparian forest development were determined for the hydromorphologic and biologic indicators of riparian dynamics and vegetation structure. These conditions also proved useful for determining the presence of sustainable populations of Populus nigra and Salix purpurea. From this agreement between abiotic and biotic boundary conditions, a set of useful reference conditions was determined, and a framework for the definition of reference and good status conditions subsequently evolved. Finally, a proposal for assessment and monitoring the proposed indicators is discussed for its applicability.     

Mowers versus growers: Riparian buffer management in the Southern Blue Ridge Mountains,USA

Despite long-standing knowledge of the benefits of riparian buffers for mitigating nonpoint source pollution, many streams are unprotected by buffers. Even landowners who understand ecological values of buffers mow riparian vegetation to the streambank. Do trends in rural riparian conditions reflect the development of riparian forest science? What motivates residential riparian management actions? Using high-resolution orthoimagery, we quantified riparian conditions and trends between 1998 and 2015 in the rural upper Little Tennessee River basin in Macon County, North Carolina and explored how landowners view riparian zone management and riparian restoration programs. Buffer composition in 2015 was as follows: no buffer (32.5%), narrow (19.3%), forested (26.7%), shrub (7.2%), and intermediate (7.0%). Relative to 1998, the greatest decrease occurred in the no buffer class (−17.7%, 46 km) and the largest increases occurred in the shrub (+72.5%, 20 km) and narrow (12.6%, 14 km) classes. Forested buffer marginally increased. Semi-structured interview data suggest that landowners prioritize recreational and scenic aspects of riparian buffers over ecological functions such as filtration and bank stabilization. Riparian restoration programs might be made more enticing to non-adopters if outreach language appealed to landowner priorities, design elements demonstrated intentional management, and program managers highlighted areas where ecological goals and landowner values align.     

RIPARIAN ZONE CLASSIFICATION FOR MANAGEMENT OF STREAM WATER QUALITY AND ECOSYSTEM HEALTH1

ABSTRACT: Riparian zones perform a variety of biophysical functions that can be managed to reduce the effects of land use on instream habitat and water quality. However, the functions and human uses of riparian zones vary with biophysical factors such as landform, vegetation, and position along the stream continuum. These variations mean that “one size fits all” approaches to riparian management can be ineffective for reducing land use impacts. Thus riparian management planning at the watershed scale requires a framework that can consider spatial differences in riparian functions and human uses We describe a pilot riparian zone classification developed to provide such a framework for riparian management in two diverse river systems in the Waikato region of New Zealand. Ten classes of riparian zones were identified that differed sufficiently in their biophysical features to require different management. Generic “first steps” and “best practical” riparian management recommendations and associated costs were developed for each riparian class. The classification aims to not only improve our understanding of the effectiveness of riparian zone management as a watershed management tool among water managers and land owners, but to also provide a basis for deciding on management actions.     

Landowner motivations for watershed restoration: lessons from five watersheds

Collaborative watershed management initiatives have increased tremendously over the past decade. One of the critical questions for these initiatives is how to influence private land management practices to improve watershed health. This article researches landowner motivations and preferences for watershed restoration efforts in five watersheds in Western Oregon. Based on a survey of 446 landowners and 80 personal interviews, the research revealed that landowner perspectives vary by socio-economic, cultural, and land use characteristics. They are strongly motivated by a concern for future generations and interpersonal influence is particularly important. Finances, time, and unfamiliarity were all significant barriers to the adoption of conservation practices. The findings also revealed considerable variation among landowners as to their trusted sources of information and preferred outreach methods. Beyond the findings in Oregon, the research suggests that watershed initiatives need to understand landowner characteristics and motivating factors to better promote watershed restoration and target outreach efforts.     

Landscape change: Perceptions and physical measures

This paper addresses questions of affective responses of residents of rural Arizona to changes in proximate community and riparian landscapes and the congruence of their perceptions of change with physical measures of change in those landscapes. Based on findings and concepts from previous studies, perceptions of change were assessed using a mail survey. Physical measures of land use and vegetation change were obtained from aerial photography for two points in time spanning approximately 13 years and were analyzed using a geographic information system. Significant differences were found in perceptions of change in the community and riparian landscapes. In contrast with previous findings, a majority of respondents found the changes as either improving or having no effect on landscape quality. Those who were more frequent users of the riparian landscape tended to be more aware of changes in it. The findings also suggest challenges for planners and resource managers working in rural areas adjacent to riparian landscapes.