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.     

CONJUNCTIVE MANAGEMENT OF WATER RESOURCES IN THE CONTEXT OF TEXAS WATER LAW1

ABSTRACT: This paper examines the critical interaction between existing Texas water law and the state's water resources. Conjunctive use and management of interrelated water resources, though seldom practiced, is generally considered desirable. However, a significant barrier to the coordinated, efficient use and management of water resources is the legal division of water in the various phases of the hydrologic cycle into different classes and recognition of well-defined water rights in the separate phases. Several examples of the problems which relate to, or result from, present Texas water law and which prevent correlated water resource management are discussed. Any substantive revision of Texas law, particularly ground water law, will apparently be difficult to achieve in the immediate future, primarily because of the large number of recognized private water rights and the political power inherent in them. Data necessary for operation of conjunctive management systems are gradually being acquired, and perhaps someday other hydrologic phases can be integrated with surface and ground water. Nevertheless, Texas courts and the legislature have sufficient information on the interrelated hydrologic cycle so that prospective water conflicts should be anticipated and avoided. Great care must be exercised in the recognition of new types of private water rights or extension of existing rights, because this institutional structure, once established, presents a formidable obstacle to desirable revisions of the law.     

Complex property rights and Coasean bargaining in natural resource management

ABSTRACT

This paper contributes to the debate on whether private or common property rights are better for advancing the sustainable management of natural resources. This contest between public and private ownership is often exaggerated, we claim, because in the real world, complex entitlements with varying degrees of privateness/publicness prevail. Property rights belonging to families, companies, clubs, corporations, and communities are simultaneously common to the members/shareholders and private to the entities. We call these entitlements private-common entitlements. When we acknowledge this complexity, it becomes evident that neither private nor common ownership rights are alone responsible for resource depletion. Instead, depletion is caused by freeriding or evading the payment of the full price of natural resources. This invites Coase’s solution to resource allocation. Therefore, the key problem is whether and how Coasean bargaining is employed to allocate ownership over resources threatened by depletion. We contribute to the debate by showing that Coase’s approach promotes not only economically efficient but also ecologically sustainable resource management. Often, this approach would lead to the establishment of largely private property or control rights by largely collective/public entities. We apply this theoretical framework to the development of a ski resort in Pirin Mountain, Bulgaria.     

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.     

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.     

WATER RIGHTS,EMINENT DOMAIN,AND THE PUBLIC TRUST1

ABSTRACT: Faced with the necessity of meeting growing municipal water requirements in areas where available supplies are completely allocated, numerous cities throughout the West are turning to their eminent domain powers to affect a reallocation of water from less preferred uses to municipal uses, thus bringing about a sharp conflict with agricultural interests. As a basis for discussing these eminent domain powers, this paper begins with a brief review of the development of property rights. The existence of both private and public (social) rights in the “bundle of rights” is noted. In recent years the Public Trust Doctrine has been used to limit private rights in property, and to protect and strengthen social rights. A case study which focuses on a conflict between individual and social interests in water rights is discussed. This case involves the City of Thorton, Colorado which initiated municipal condemnation proceedings to acquire the water rights and structures of two nearby irrigation companies. The case represents an attempt to incorporate the spirit of the Public Trust Doctrine into legislation which sets forth procedures for resolution of similar water rights conflicts that will inevitably become more numerous throughout the West in the future.     

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.     

A Transactions Cost Approach to the Theoretical Foundations of Water Markets1

Abstract: Water marketing is often cited as a means of alleviating the stresses attached to allocation of water use. Frequently, marketing is suggested in a context that implies substitution of competitive markets for the allocation based on the prior appropriation doctrine. This study examines water marketing from the perspective of a transactions cost approach to the private and broad social agreements (contracts) that support water allocation. It examines the major behavioral challenges faced by any contract, and the alternative approaches to those challenges, with respect to water allocation. It also examines the impact of market design on the existence of externalities, costs imposed by transactions on society and individuals not party to the transaction. It finds that the most robust water market designs will be found in systems with sufficient property rights protection to support investment, sufficient hydrologic information to provide accurate analysis of third party effects, conjunctive management of surface and groundwater, and a governance structure capable of administering the rules while not determining outcomes.     

WATER MARKETS AND DECENTRALIZED WATER RESOURCES MANAGEMENT: INTERNATIONAL PROBLEMS AND OPPORTUNITIES1

ABSTRACT: Because of its importance and the perceived inability of private sector sources to meet water demands, many countries have depended on the public sector to provide water services for their populations. Yet this has resulted in many inefficient public water projects and in inadequate supplies of good quality and reliable water. Decentralization of water management, including the use of water markets, cannot solve all of these water problems, but it can improve the efficiency of water allocation. When given adequate responsibility and authority, water user associations have effectively taken over water management activities at a savings to tax payers. Moreover, water markets add the potential benefit of improving water efficiency within a sector as well as providing a mechanism for reallocating water among sectors. The key question involves developing innovative mechanisms for reducing the transaction costs of organizing water users and of making water trades. Water rights need to be established which are recorded, tradable, enforceable, and separate from land if markets are to operate effectively. Also, institutions are needed that effectively resolve conflicts over water rights, including third party impacts and water quality concerns.     

CULTURAL EVOLUTION AND WATER MANAGEMENT IN THE SALINAS RIVER VALLEY1

ABSTRACT: This article reports the findings of a case study of a major California water management district's effort to change its management approach. The following key findings and factors have influenced the Salinas basin management plan (BMP) and its progress: (1) the Salinas Valley is an economy dominated by highly sophisticated irrigated agriculture dependent on ground water; (2) a persistent pattern of agricultural overdraft of ground water has hurt growers primarily in the north end of the valley via induced saline intrusion of irrigation wells; (3) a complex set of water institutions, property and water rights, and land lease practices offer little incentive for good stewardship of land and water; and (4) the BMP approach initially may have intensified tension among growers and between growers and other water user groups. Water rules and practices in the Salinas Valley and Monterey County have evolved through a long historical process of adaptations. Therefore, any significant changes in local water use practices need to be understood in terms of cultural change, that is, changes in deeply held values, beliefs, and assumptions. We believe the BMP and the MCWRA are succeeding when evaluated from this evolutionary perspective. The fact that both still exist relatively intact testifies that they are working, albeit slowly.     

CONFLICT ANALYSIS AND MANAGEMENT ALTERNATWE FOR THE MANAYLJNK CANAL1

ABSTRACT: The solution of a water resource allocation problem by an alternative social arrangement is presented. Classical Austrian economic theory and the “new resources economics” provide both theoretical and practical evidence to support the development of well-defined, private property rights to the water resource in question. A conflict analysis demonstrates that management of the Manayunk Canal by a firm would reconcile existing confrontations through compromise use of the water resource. Benefit and cost calculations show that a compromise among industrial and recreational interests, currently competing in the political arena, would increase social benefits.     

AN ECONOMIC OVERVIEW OF HAWAII'S WATER INSTITUTIONS1

ABSTRACT: The problem of allocating scarce water resources among competing uses and users over time in Hawaii is addressed within the context of analytical institutional economics. The nature of this problem has been, in recent years, highly complicated by important institutional changes that control operating decisions for water supply and water pollution. Whereas the imbalance in governmental initiatives regarding changes in the system of water rights (predominantly state) and environmental laws (predominantly federal) are based on U.S. constitutional provisions, the more fundamental roots of the crucial legal doctrines involved have been traced back to the common property concept. This suggests that the more promising opportunities for meeting the water policy challenges of the state are to be found in the historical common property system (ahupua'a) of Hawaii.     

Conditional Water Rights in the Western United States: Introducing Uncertainty to Prior Appropriation?

In the prior‐appropriation water rights regimes that prevail in the arid western United States, claims to annually variable surface water flows are fulfilled based on the order of their establishment. The two‐step process used to establish an appropriative water right in all 17 conterminous western states creates a temporary phase, or conditional water right, which has a priority date but no actual water use. We provide a review of the legal basis for these conditional water rights and demonstrate the potential uncertainty they introduce to current water users. We then present a complete census of conditional water rights in Colorado, including their amounts, ages, and uses. At the end of 2012 there were a large number of conditional water rights in Colorado (some over 90 years old) equal to 61% of the perfected water rights. Many of the controversial conditional water rights in Colorado have been associated with unconventional oil production in the northwestern portion of the state; however, conditional water rights are ubiquitous across the state and across many use types. In several basins, their existence can introduce uncertainty to some of the most senior water rights holders. Nevertheless, in most of the state, the effects of conditional water rights are restricted to a relatively junior class of water users. This work quantifies for the first time the result, in one state, of a peculiar aspect of water law common across all western prior‐appropriation states.     

Buy Me a River: Purchasing Water Rights to Restore River Flows in the Western USA

In recent decades, public and private environmental entities have been purchasing or leasing water rights across the Western United States (U.S.) in efforts to restore river flows and aquatic ecosystems. The need to pay for flow restoration arises from the fact that state governments did not begin to reserve water for instream purposes until the 1970s, long after water rights had become over‐appropriated and flows were substantially depleted in most rivers. As a consequence, flow depletion has become the leading cause of fish endangerment in the U.S., including the imperilment of two‐thirds of all native fish species in the Colorado River system. This paper takes stock of the progress made in buying water for the environment, specifically by reviewing and analyzing more than 50 transactions executed by public and private entities and the sources of funding underpinning these transactions. We conclude that nongovernmental actors — such as environmental organizations and state water trusts — are integral to regional efforts to restore river flows; these nongovernmental actors executed more than two‐thirds of the transactions we documented. However, we also conclude that the long‐term success of these nongovernmental actors depends upon the availability of sustained public funding that enables them to build capacity and engage in the large number of transactions needed to restore flows across each state.     

ACCELERATED SALT TRANSPORT METHOD FOR MANAGING GROUND WATER QUALITY1

ABSTRACT This paper briefly reviews the problem of ground water degradation from irrigation and present approaches to controlling ground water quality. As an alternative to these approaches, a management scheme called the Accelerated Salt TRANsport (ASTRAN) method is proposed as being a feasible solution to the problem of salt build-up in irrigated areas. A management algorithm for implementing the ASTRAN method is described. Results from modeling studies indicate that the ASTRAN method is cost-effective and encourages conjunctive use of ground water and surface water.     

IMPLICATIONS OF ON‐GROUND NITROGEN LOADING AND SOIL TRANSFORMATIONS ON GROUND WATER QUALITY MANAGEMENT1

ABSTRACT: This paper presents a modeling approach based on a geographic information system (GIS) to estimate the variability of on‐ground nitrogen loading and the corresponding nitrate leaching to ground water. The methodology integrates all point and nonpoint sources of nitrogen, the national land cover database, soil nitrogen transformations, and the uncertainty of key soil and land use‐related parameters to predict the nitrate mass leaching to ground water. The analysis considered 21 different land use classes with information derived from nitrogen sources such as fertilizer and dairy manure applications, dairy lagoons, septic systems, and dry and wet depositions. Simulations were performed at a temporal resolution of one month to capture seasonal trends. The model was applied to a large aquifer of 376 square miles in Washington State that serves more than 100,000 residents with drinking water. The results showed that dairy manure is the main source of nitrogen in the area followed by fertilizers. It was also seen that nitrate leaching is controlled by the recharge rate, and there can be a substantial buildup of soil nitrogen over long periods of time. Uncertainty analysis showed that denitrification rate is the most influential parameter on nitrate leaching. The results showed that combining management alternatives is a successful strategy, especially with the use of nitrification inhibitors. Also, change in the land use pattern has a noticeable impact on nitrate leaching.     

ENERGY AND WATER CONSERVATION STRATEGIES IN IRRIGATED AGRICULTURE1

ABSTRACT: Growers in California used several energy and water conservation strategies in response to the drought conditions of 1976 and 1977. The strategies included an increased use of ground water, in creased irrigation efficiencies, and shifts in cropping patterns. Drought-related losses to irrigated agriculture were minimized as a result of these modifications. Some future problems may have been created, however, by obtaining the needed water supplies for 1976–77. These problems include the effects of extensive water pumping on ground water reservoirs and ground subsidence. In addition, reduced water application by less frequent irrigation and changes in irrigation methods may affect the total salt balance for future years. Several conservation strategies that have some potential application in California were identified as: maintaining and augmenting surface water supply, increasing power use efficiencies, and improving irrigation efficiencies. Electricity savings associated with water conservation have been estimated as high as 25 percent. Specific near term actions suggested for facilitating conservation included: an expanded irrigation management system, efficient water deliveries, and a continued effort on the part of the individual growers to use resources during periods of normal rainfall as they were used under drought conditions.     

SHALLOW AQUIFERS RELATIVE TO SURFACE WATER,LOWER NORTH PLATTE RIVER VALLEY,WYOMING1

ABSTRACT. The occurrence of ground water in the lower North Platte Valley, Goshen County, Wyoming, was studied to determine safe yield within the alluvial aquifer under varying discharge and recharge conditions. The alluvium of the North Platte is extensively developed for irrigation purposes and the effects of large-scale pumpage are of major concern. Actual withdrawals are estimated to be 46,000 acre-feet. Should pumping reach potentially higher levels an overdraft is expected. Effect of ground water withdrawals are established from projections of the flow regime within the alluvial aquifer. A time dependent, numerical model was employed to predict aquifer response to increased withdrawals. The results suggest that more efficient use of surface waters and/or increased use of ground water will reduce the annual subsurface return flow to the North Platte River and its tributaries by an amount equal to the reduced ground water recharge increment. Alternatives are available for management of the lower North Platte alluvial aquifer. The preferred course is to correlate surface and subsurface water rights, in light of convenience, economics, and best means of storage for maximum utilization of the single water resource.     

Water transfers,agriculture, and groundwater management: a dynamic economic analysis

Water transfers from agricultural to urban and environmental uses will likely become increasingly common worldwide. Many agricultural areas rely heavily on underlying groundwater aquifers. Out-of-basin surface water transfers will increase aquifer withdrawals while reducing recharge, thereby altering the evolution of the agricultural production/groundwater aquifer system over time. An empirical analysis is conducted for a representative region in California. Transfers via involuntary surface water cutbacks tilt the extraction schedule and lower water table levels and net benefits over time. The effects are large for the water table but more modest for the other variables. Break-even prices are calculated for voluntary quantity contract transfers at the district level. These prices differ considerably from what might be calculated under a static analysis which ignores water table dynamics. Canal-lining implies that districts may gain in the short-run but lose over time if all the reduction in conveyance losses is transferred outside the district. Water markets imply an evolving quantity of exported flows over time and a reduction in basin net benefits under common property usage. Most aquifers underlying major agricultural regions are currently unregulated. Out-of-basin surface water transfers increase stress on the aquifer and management benefits can increase substantially in percentage terms but overall continue to remain small. Conversely, we find that economically efficient management can mitigate some of the adverse consequences of transfers, but not in many circumstances or by much. Management significantly reduced the water table impacts of cutbacks but not annual net benefit impacts. Neither the break-even prices nor the canal-lining impacts were altered by much. The most significant difference is that regional water users gain from water markets under efficient management.     

CORRELATION OF SELECTED WELL WATER QUALITY PARAMETERS WITH SOIL AND AQUIFER HYDROLOGIC PROPERTIES1

ABSTRACT: The geographical distribution of well water specific electrical conductivity and nitrate levels in a 932 km² ground water quality study area in the Fresno-Clovis, California, indicated that frequently areas of lower ground water salinity were also areas of relatively greater soil and aquifer permeability. From these observations and certain assumptions we hypothesized that the quality of the well water should be better in areas with permeable soils and geological formations. Correlation and multiple linear regression analysis supported this hypothesis for well water salinity. However, well water nitrate levels were significantly negatively correlated with only the estimated equivalent specific yield of the aquifer system. The multiple R² values of the most significant multiple linear regression models showed that only a fourth to a third of the variability in well water specific electric conductivity and nitrate levels could be ascribed to the effects of the hydrogeological parameters considered with more than 90 percent confidence. This indicates that three-fourths to two-thirds of the variability in ground water salinity and nitrate levels may be related to land use. Thus, there is considerable room for land use management techniques to improve ground water quality and reduce its variability.